HomeMy WebLinkAboutResolution 93-288 10/25/19931 ~ Resolution No. 93-2~g _ N C.S.
2 of the City of Petaluma, California
3
4
5 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
6 12 GRANDVIE`AV AVENUE, PETALUMA (APN 008-461.-22) T® BE A
7 PUBLIC NUISANCE AND ®RDERING SAID NUISANCE T® BE ABATED
8
9 WHEREAS; Edith M. Cook, Jerry Lewis and Lesa Rosenloff Handy are the owners of the real
10 properly located at 12 Grandview Avenue (APN 008-461-22); Petaluma, California; and
11 WHEREAS; it was alleged by the Senior Planning Technician of the Planning Department;. the
1.2 City Fire Marshal and the Chief Building Official that there exist at the property listed above violations
13 of the Petaluma Zoning Ordinance; Petaluma Municipal Code, the Uniform Fire Code, the Uniform
14 Code for the Abatement of Dangerous Buildings and the Uniform Building Code; and
15 WHEREAS; the record owner was notified of the existence of said conditions by letters from
16 the Fire Marshal dated May 11; 1993, and the Chief Building Official dated July 6; 1993; copies of
17 which are made a part of this record; and
18 WHEREAS; the record owner was notified of the existence of said conditions by letters from
19 the Assistant City Attorney dated July 30 and September 2, 1993; copies of which are made a part of
20 this record; and
21 WHEREAS; all property owners were notified of a hearing to be held on the question of
22 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
23 nuisance posted on the property affected on October 8, 1993; evidence of which posting is contained in
24 this record; and
25 WHEREAS; all property owners were notified of a hearing to be held on the question of
26 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
27 nuisance served by certified mail and regular mail October 12; 1993; evidence of which service is
28 contained in this record; and
29 WHEREAS; a hearing was held on October 25; 1993 before the City Council at which Joyce
30 Cook appeared as the authorized representative of property owners Edith M. Cook and Jerry Lewis and
31 property owner Lesa Rosenloff Handy appeared; witnesses were sworn and evidence, both oral and
32 documentary was heard and considered by the Council; and all parties were given the opportunity to
33 cross examine witnesses called by each other on the question of whether a public nuisance did in fact
34 exist as alleged and whether the cost of abating such nuisance should be assessed against said property
35 if the property owner fails to abate said nuisance as required by this resolution.
36 NOW; THEREFORE, BE IT RESOLVED as follows:
37 1. It is found; ordered and declared that a public nuisance exists at the property known as
38 12 Grandview Avenue,. Petaluma, California consisting of:
39 al Collection of junk and debris on the property in violation of Petaluma Zoning
40 Ordinance Section 1-203 (Definitions/Junk and Junk Yard);
41 b) Accumulation of junk on the property in violation of Petaluma Zoning Ordinance
42 Article 6 (R-1 Zoning District);
Res. No. ...~`~-280......_. N.C.S.
Y
• 1 c) Accumulation of garbage and rubbish in violation of Petaluma Municipal Code
2 Sections 8.16.150 (Accumulation of rubbish - buriall and 8.16.160 (Container
3 required);
4 dl Accumulation of wastepaper; hay, grass, straw, weeds and litter on the property
5 in violation of Uniform Fire Code Sections 1 ] .302(al and (dl (combustible
6 vegetation);
7 e) Dangerous building conditions in violation of Uniform Code for the Abatement of
8 Dangerous Buildings; Sections 302(6) and (8);
9 f) Uniform Building Code violations including but not limited to:
10 i. Exterior chimney separated from building;
11 ii. Gas-fired interior heater pulled away from wall and not properly
12 connected; wall flue disconnected; no heat source;
13 iii. Illegal electrical cord to shed in rear yard;
14 iv. Bath vent ends under eaves;
15 v. Broken or missing windows and door in main structure,;
16 vi. Missing attic vent;
17 vii. Barn on property collapsed; demolition required;
18 viii. Shed in rear property leaning; unsafe structure; rotting sill; siding and
19 foundation, broken window; missing door.
20 2. It is further found; ordered and declared that all three structures on the property are
21 unsafe for human habitation and endanger the life; .health; property and safety of the
22 occupants of the structures andlor the public.
23 3. The nuisance may be abated by:
24 a) Discontinuing all occupancy of any structure on the property within five (51 days
25 of the date of posting and service of this resolution.
26 bl Clearing the property of garbage;. rubbish; iunk; litter and debris; mowing,
27 disking or otherwise removing all weeds and vines on the property.
28 c) After obtaining all necessary City building and/or demolition permits; correcting
29 all structural and other conditions which violate the Uniform Code for Abatement
30 of Dangerous Buildings and the Uniform Building Code; including but not limited
31 to:
32 i) Replace and/or remove exterior chimney; repair structural damage in
33 chimney area;
34 ii) Correct or remove gas-fired heater; provide proper flue and gas line
35 connections; provide adequate heat source;
36 iii) Remove electrical cord to shed;
37 iv) Correct bath vent;.
38 v) Install missing attic vent;
39 vi) As an alternative to correction of conditions in the main structure required
40 by subparagraphs i-v above; board up the main structure in a manner
41 satisfactory to City Planning; Fire and Building officials to secure it from
42 entry by any persons and eliminate all safety hazards.
Reso. 93-288 NCS
r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
vii) Complete demolition of barn and remove all demolished materials in an
appropriate fashion.
viii) Demolish shed and remove all demolished materials in an appropriate
manner; or alternatively; bring shed into compliance with Uniform
Building and Fire Codes and Uniform Code for the Abatement of
Dangerous Structures.
d) Permit no further occupancy of any structure on the property until all illegal
conditions are cleared by the City following reinspection.
e) Permit entry and inspection of the. yard and interior and exterior of all structures
on the property by City Planning, Fire and Building officials.
4. If the nuisance is not voluntarily abated by discontinuing all tenancy of all structures on
the property within five (5) days of the date of service and posting of this resolution and
by correction of the conditions listed in paragraph 1 on or before December 3; 1993,
representatives of the City Planning Department; the City Fire Marshal and Chief
Building Official are hereby authorized to abate said nuisance by removing iunk, litter
and debris and mowing, disking or otherwise removing all weeds and vines on the
property; completing demolition of the collapsed barn; demolishing the shed on the
property; and/or correcting all identified code violations in the main.. structure and/or
shed; and/or boarding up and securing the property to eliminate safety hazards.
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 prepaid; and by
posting a copy on the property within thirty (30) days of the date of its enactment.
7. 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-
1.15.1.00.
c: \word\reso. doc
10/26/93 (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) (j ~Ci~~l~ meeting ,~ f °~
on the ....2.5xh---......... day of ...........OctDh£> :......................:........ 19-...~3~ by the
~/
following vote: ....................• • -• - - • -
City Attorney
AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: None
ATTEST: .... ........... .. ......................... ......... ... ............... .......
City Clerk
' ~,,.
I/ W
Mayor
Council File.-•-•--•-°•---.....- ..............
ca io-s5 HeS. No....9.3.-.2.gg......... N.cs.