HomeMy WebLinkAboutResolution 94-236 08/15/1994 ,
1 Resolution N®. 94-236 N C.S.
2 of the City of Petaluma, California
3
4 DECLARING CERTAIN CONDITIONS OF TIIE PROPERTY AT
5 231 GRANT AVENUE, PETALUMA (APN 008-510-024) 'fl'O BE A
6 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
7
8 WHEREAS, Charlis Meador is the owner of record of the real property located at 231 Grant
9 Avenue (APN 008-510-024), Petaluma, California; and
10 WHEREAS, it was alleged by the Senior Planning Technician of the Planning Department and
11 the City Fire Marshal's office that there exist at the property listed above, violations of the Petaluma
12 Zoning Ordinance, Petaluma Municipal Code and the Uniform Fire Code; and
13 WHEREAS, the property owner was notified of the existence of said conditions by letters from
14 the Fire Marshal dated March 22, 1994, and the Senior Planning Technician dated July 11, 1994, copies
15 of which are made a part of this record; and
16 WHEREAS, the property owner was notified of the existence of said conditions in person on
17 July 26, 1994 by the Senior Planning Technician and the Fire Inspector; and
18 WHEREAS, the property owner was notified of a .hearing to be held on the question of whether
19 such nuisance did in fact exist by means of an Order to Show Cause regarding abatement of public
20 nuisance served by certified mail and regular mail August 5, 1.994, evidence of which service is
21 contained in this record; and
22 WHEREAS, the property owner was notified of a hearing to be held on the question of whether
23 such nuisance did in fact exist by means of an Order to Show Cause regarding abatement of public
24 nuisance posted on the property affected on August 5, 1994, evidence of which posting is contained in
25 this record; and
26 WHEREAS, a hearing was held on August 15, 1994 before the City Council at which witnesses
27 were sworn and evidence, both oral and documentary, was heard and considered by the Council and all
28 parties were given the opportunity to cross examine witnesses called by each other on the question of
29 whether a public nuisance did in fact exist as alleged and whether the cost of abating such nuisance
30 should be assessed against said property if the property owner fails to abate said nuisance as required by
31 this Resolution.
32 NOW, THEREFORE, BE IT RESOLVED as follows:
33 1. It is found, ordered and declared that a public nuisance exists at the property known as
34 231 Grant Avenue, Petaluma, California consisting o£
35 a) Collection of junk (including inoperable vehicles) and debris on the property in
36 violation of Petaluma Zoning Ordinance Section 1-203 (Definitions/Junk. and
37 Junk Yard);
f~~5. N~........94.-2.3.6..... n.cs.
1 b) Accumulation of junk on the property in violation of Petaluma Zoning Ordinance
2 Article 6 (R-1 Zoning District);
3 c) Accumulation of garbage and rubbish in violation of Petaluma Municipal Code
4 Sections 8.16.150 (Accumulation of rubbish -burial) and 8.1b.160 (Container
5 required);
6 d) Accumulation of wastepaper, hay, grass, straw, weeds and litter on the property
7 in violation of Uniform Fire Code Section 11.302(d) (combustible vegetation) as
8 adopted by Section 17.20.010 of the Petaluma Municipal Code.
9 2. The nuisance maybe abated by:
10 a) Clearing the property of junk (including inoperable vehicles), litter and debris,
11 mowing, disking or otherwise removing all weeds on the property and scheduling
12 an inspection of the property by representatives of the City Planning Department
13 and the City Fire Marshal's office.
14 3. If the nuisance is not voluntarily abated, and five (5) days after the date of service and.
15 posting of this resolution under paragraph 5 below, representatives of the City Planning
16 Department and the City Fire Department are hereby authorized to abate said nuisance
17 by removing junk, litter and debris and mowing, disking or otherwise removing alT weeds
18 on the property.
19 4. The City Attorney is hereby authorized to take all necessary and appropriate legal
20 actions to effect the abatement of the nuisance and seek fees and costs.
21 5. Notice of this Resolution shall be given to the property owner by depositing a copy of
22 the same in the United States Postal Service, first class mail, postage prepaid, and by
23 posting a copy on the property within thirty (30) days of the date of its enactment.
24 6: The cost of said abatement proceedings to date, and any future abatement action
25 undertaken by the City or its designees, shall be assessed against the property in
26 accordance with the provisions set forth in Petaluma Municipal Code Sections 1.15.080-
27 1.1.5.100.
28
29
30 winword\reso.doc
31 8/5/94 (fink) 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) (~dC~ij
~C~~t~4~ meeting fO~
on the ....~..`J.><Zl..-----..... day of .............~.llg]AS>........-----..................., 19.9.4.., by th>~~~ ~~~,~n~
following vote:
City Attorney
AYES: Parkerson, Read, Hamilton, Barlas, Shea, Mayor Hilligoss
NOES: None
ABSENT: Vice May ~i'
ATTEST:
-•--.......~!f~!fir ....----.-.z-.. .....111.F.~------•
ty Clerk Mayor
Gbuncil Fila.._ .......q....p....................
CA 10-55 Kes. No......... 9 4._.A.t7.~.... N.C.S.