Loading...
HomeMy WebLinkAboutResolution 95-109 05/01/1995 i ' Resolution Na sso9 N.C.S. ` ~ ~ of the City of Petaluma, California ~'Nt DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT 334'/z BODEGA AVENUE, PETALUMA (APN 006-221-057) TO BE A PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED WHEREAS, Lucinda Heffner is the owner of record of the real property located at 334'/z Bodega Avenue (APN 006-221-057), Petaluma, California; and WHEREAS, it was alleged by the Senior Planning Technician of the Planning Department that there exists at the property listed above violations of the Petaluma Municipal Code, Resolution 88-113 N.C.S., and the Petaluma Zoning Ordinance; and WHEREAS, the property owner was notified of the existence of said violations by letters from the Planning Department and the City Attorney's office dated 5/13/93, 7/8/93, 8/2/93, 8/27/93, 2/1/94, 8/9/94, 10/7/94, 10/25/94, 12/30/94, 2/7/95, 2/22/95, copies of which are made a part of this record; and WHEREAS, the property owner was notified of a hearing to be held on 10/11/94 by the Planning Commission to review the violation history of the property; and WHEREAS, the Planning Commission on 10/11/94 directed Planning staff to commence revocation proceedings of the Conditional Use Permit to disallow a second unit on the property, and to proceed with Nuisance abatement proceedings through the City Attorney's office; and WHEREAS, on 10/25/94 the Planning Director notified the property owner that the City was commencing Conditional Use Permit suspension revocation proceedings; and WHEREAS, on 12/30/94 the Planning Director notified the property owner that the Conditional Use Permit had been suspended; and WHEREAS, on 1/3/95 the property owner appealed the suspension of the Conditional Use Permit; and ~~es_ v~.. 9.5,-~:10,y>- N-c s 2 WHEREAS, on 2/14/95 a hearing was held by the Planning Commission to review the property owner's appeal of the Conditional Use Permit suspension, at which time testimony was received from interested parties; and WHEREAS, the decision of the Planning Commission was to deny the appeal and to revoke the Conditional Use Permit; and WHEREAS, it was alleged by the Senior Planning Technician of the Planning Department that there continues to exist at the property listed above violations of the Petaluma Municipal Code and Petaluma Zoning Ordinance due to continued use of 334-1/2 Bodega Avenue as a dwelling unit after revocation of the Conditional Use Permit; and WHEREAS, the property owner was notified of a hearing to be held by the City Council on the question of whether such nuisance did in fact exist by means of an Order to Show Cause regarding abatement of public nuisance served by certified mail and regular mail April 21, 1995, evidence of which service is contained in this record; and WHEREAS, the property owner was further notified of a hearing to be held by the City Council on the question of whether such nuisance did in fact exist by means of an Order to Show Cause regarding abatement of public nuisance posted on the property affected on April 21, 1995, evidence of which posting is contained in this record; and WHEREAS, a hearing was held on May 1, 1995 before the City Council at which time witnesses were sworn and evidence, both oral and documentary was heard and considered by the Council and all parties were given the opportunity to cross examine witnesses called by each other on the question of whether a public nuisance did in fact exist as alleged and whether the cost of abating such nuisance should be assessed against said property if the property owners fail to abate said. nuisance within five (5) days after adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED aafollows; 1. It is found, ordered and declared that a public nuisance in violation of the Petaluma Municipal Code, Zoning Ordinance and Resolution 88-113 N.C.S. exists at the property known as 334'h Avenue, Petaluma, California consisting of. Reso. 95-109 NCS • 3 a) Use of 334-V2 Bodega Avenue as a dwelling unit in violation of the 2/14/95 Conditional Use Permit revocation which required the removal of all kitchen facilities (sink with hot water, cold water and waste line to be plugged at wall; refrigerator to be removed; range/oven/stove to be removed with all services capped at the wall) by March 10, 1995. 2. The nuisance may be abated by: a) The removal of the sink, with all hot water, cold water and waste line(s) to be plugged at wall; removal of the refrigerator; and removal of the range/oven/stove with all services capped at the wall. 3. If the nuisance is not voluntarily abated, within fifteen (]5) days after the date of service and posting of this resolution, and representatives of the City Planning Department and the City Building Division are not given voluntary access to verify such abatement, such City representatives are hereby authorized to abate said nuisance by taking all appropriate action, including but not limited to the removal of the sink, with all hot water, cold water and waste line(s) to be plugged at wall; removal of the refrigerator, and removal of the range/oven stove with all services capped at the wall. 4. The City Attorney and representatives of the City Planning Department and City Building Division are further authorized to take all necessary and appropriate actions, including but not limited to obtaining an inspection or other warrant from the appropriate Court, and performing an inspection of the interior of 334-V2 Bodega, to determine whether the violations continue to exist, and/or performing the work appropriate to effect removal of the sink, with all hot water, cold water and waste line(s) to be plugged at the wall; removal of the refrigerator; and removal of the range/oven/stove with all services capped at the wall. 5. The City Attorney is hereby authorized to take all necessary and appropriate legal actions to effect the abatement of the nuisance and seek fees and costs. 6. Notice of this Resolution shall be given to the property owners by depositing a copy of the same in the United States Postal Service; first class mail, postage Reso. 95-109 NCS 4 prepaid, and by posting a copy on the property within five (5) days of the date of its enactment. 6. The cost of said abatement proceedings to date, and any future abatement action undertaken by the City or its designees, shall be assessed against the property in accordance with the provisions set forth in Petaluma Municipal Code Sections 1.15.080-1..15.100. heifreso/abt7 Under the power and authority conferred upon tMs 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) (16htBt~J2~4pICdti~ meeting form on the ---~lst day of .........._NI.$Y......................................-, 19_95., by the _ Following vote: City Attorney AYES: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: Hamilton ~ ~ ATTEST: ............................Z"t:~..-__.--...---~~---~------.. _ ,.:'~.0~~~~-~--- City Clerk Ma or L6uncil File ca a e~ a~, n~, _85-1.Q9 n~.cs.