HomeMy WebLinkAboutResolution 93-215 08/02/1993Resolution No. 93-215 N ~.s.
1 of the City of Petaluma, California
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4 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
5 231 GRANT AVENUE, PETALUMA (APN 008-510-24) TO BE A
6 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
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8 WHEREAS, Charlis Meador is the owner of record of the real property located at 231 Grant
9 Avenue (APN 008-510-24), Petaluma, California; and
10 WHEREAS, it was alleged by the Senior Planning Technician of the Planning Department
11 and the City Fire Marshal 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
14 from the Senior Planning Technician dated October 20, 1992, December 8, 1992, and January 11,
15 1993, and the Fire Marshal dated July 29, 1992 and July 15, 1993, copies of which are made a part
16 of this record; and
17 WHEREAS, the property owner was notified of the existence of said conditions by letters
18 from the Assistant City Attorney dated May 13, 1993 and July 15, 1993, copies of which are made a
19 part of this record; and
20 WHEREAS, the property owner was notified of a hearing to be held on the question of
21 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
22 nuisance served by certified mail and regular mail July 21, 1993, evidence of which service is
23 contained in this record; and
24 WHEREAS, the property owner was 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 July 21, 1993, evidence of which posting is contained in
27 this record; and
28 WHEREAS, a hearing was held on August 2, 1993 before the City Council at which
29 witnesses were sworn and evidence, both oral and documentary was heard and considered by the
30 Council and all parties were given the opportunity to cross examine witnesses called by each other
31 on the question of whether a public nuisance did in fact exist as alleged and whether the cost of
32 abating such nuisance should be assessed against said property if the property owner fails to abate
33 said nuisance as required by this resolution.
34 NOW, THEREFORE, BE IT RESOLVED as follows:
35 1. It is found, ordered and declared that a public nuisance exists at the property known
36 as 231 Grant Avenue, Petaluma, California consisting of:
37 a) Collection of junk and debris on the property in violation of Petaluma Zoning
38 Ordinance Section I-203 (Definitions/Junk and Junk Yard);
x~~s. No.........93.-21.5.... v.cs.
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b) Accumulation of junk on the property in violation of Petaluma Zoning
Ordinance Article 6 (R-1 Zoning District);
c) Accumulation of garbage and rubbish in violation of Petaluma Municipal Code
Sections 8.16.150 (Accumulation of rubbish -burial) and 8.16.'160 (Container
required);
d) Accumulation of wastepaper, hay, grass, straw, weeds and litter on the
properly in violation of Uniform Fire Code Section 11.302(d) (combustible
vegetation).
2. The nuisance may be abated by:
a) Clearing the property of junk, litter and debris, mowing, disking or otherwise
removing all weeds on the property and scheduling an inspection of the
property by representatives of the City Planning Department and the City Fire
Marshal.
3. If the nuisance is not voluntarily abated, and five (5) days after the date of service and
posting of this resolution under paragraph 5 below, representatives of the City
Planning Department and the City Fire Marshal are hereby authorized to abate said
nuisance by removing junk, litter and debris and mowing, disking or otherwise
removing all weeds on the property.
4. 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....
5. Notice of this resolution shall be given to the property owner by depositing a copy of
the same in the United States Postal Service, first class mail, postage prepaid, and by
posting a copy on the property within thirty (30) 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.
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31 7122/93 (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) ~HX7~3l1~ meeting form
on the ..2nd..._.-......... day of ............~.1Z~US:t ................................. 193..., by the t~
following vote: ....-...---- ••--•--••-------•-•--•---•-•--•
City Attorney
AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas
ATTEST
CA 10-85
City Clerk 704-10
Council Fi ....................°...........
Res. No. ..~~-2.1.~ ........ N.C.S.