HomeMy WebLinkAboutResolution 97-019 01/21/1997 _ Resolution Na 97-1y N.C.S.
of the City of Petaluma, Calilorni~
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7 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
8 102 GRANT AVENUE, PETALUMA (APN 008-520-017) TO BE A
9 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
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14 WHEREAS, Mark and Erica Berardi are the owners of record of the real property located at
15 102 Grant Avenue (APN 008-520-017), Petaluma, California; and
16 WHEREAS, it was alleged by the Chief Building Official and Senior Planning Technician of the
]7 Planning Department that there exists at the property listed above violations of the 1994 Uniform
18 Building Code and Petaluma Zoning Ordinance; and
19 WHEREAS, the property owners. were notified of the existence of said conditions by
20 correspondence from the Senior Planning Technician dated July 24 and September 28, 1995, and
Z1 January 31; 1996; and further in correspondence from the Assistant City Attorney dated February 16
22 and April 12, 1996; and further in correspondence from the Chief Building Official dated December 9,
23 T996, copies of which are made a part of this record; and
24 WHEREAS, the property owners were notified of a hearing to be held on the question of
25 whether such nuisance did in fact exist by means of an Order to Show Cause Re Abatement of Public
26 Nuisance posted on the property affected on December 23, 1996, evidence of which posting is
27 contained in this record; and
28 WHEREAS, the property owners were notified of a hearing to be held on the question of
29 whether such nuisance did in fact exist by means of an Order to Show Cause Re Abatement of Public
30 Nuisance served by certified mail and regular mail December 27, 1996, evidence of which service is
31 contained in this record; and
32 WHEREAS, a hearing was held on January 21, 1997, before the City Council at which
33 witnesses were sworn and evidence, both oral and documentary, was heard and considered by the
34 Council and all parties were given the opportunity to cross examine witnesses called by each other on
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1 the question of whether a public nuisance did in fact exist as alleged and whether the cost of abating
2 such nuisance should be assessed against said property if the property owners fail to abate said nuisance
3 as required by this resolution.
4 NOW, THEREFORE, BE IT RESOLVED as follows:
5 1. It is found, ordered and declared that a public nuisance exists at the property known as
6 102 Grant Avenue, Petaluma, California, consisting of.
7 A) Construction without a building permit of a one-story detached accessory
8 structure with a projected roof area exceeding 120 square feet (1994 Uniform
9 Building Code section 106.2(1).
10 B) Construction on property of an accessory structure encroaching into the rear yard
11 setback (Zoning Ordinance section 21-201.1(e);
12 2. The nuisance may be abated by:
13 Within 90 days from the date of this resolution:
14 A) Removing the structure from the property; OR
15 B) Applying for the required building permit pursuant to 1994 Uniform Building
16 Code section 106.2(1) and
17 i) Relocating the structure 11 feet from the fence; or
18 ii) Removing that portion of the structure located both on the adjacent
19 property and in the rear yard setback; or
20 iii) Applying for a variance from the Petaluma Zoning Ordinance regarding
21 setback requirements; or
22 iv) Applying for a lot line adjustment sufficient to supply the necessary
23 setback.
24 3. If the nuisance is not voluntarily abated in the manner provided above, representatives of
25 the Building Division and/or Planning Department are hereby authorized to abate said
26 nuisance by removing the entire structure.
27 4. The City Attorney is hereby authorized to take all necessary and appropriate legal
28 actions to effect the abatement of the nuisance and seek fees and costs.
Reso. 97-19 NCS Page 2 of 3
I 5. Notice of this resolution shall be given to the property owners by depositing a copy of
2 the same in the United States Postal Service, first-class mail, postage prepaid, and by
3 posting a copy on the property within thirty (30) days of the date of its enactment.
4 6. The cost of said abatement proceedings to date, and any future abatement .action
5 undertaken by the City or its designees, shall be assessed against the property in
6 accordance with the. provisions set forth in Petaluma Municipal Code sections l .15.080-
7 1.15.100..
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14 reso.dce
15 1/23/97 (fmk)
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (XX,~61i#t4H$7($jf&EX~PI) meeting form
on the _215t day of .........Jr~[IUr11'Y--.............................-., 19..x.2., by the JJ/,
Following vote: I~---~---
City Attorney
AYES: Read, Keller, Stompe, Torliatt, Maguire, Vice 141ayor Hamilton, Mayor Hilligoss
NOES: None
ABSENT: None
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ATTEST: - !L~ ~-(.Y.."...
City Clerk Mayor
Comeil File............_..-.....___.......
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