HomeMy WebLinkAboutResolution 93-319 12/06/19932 ~., ~ FZeSOllltl®rl N®. 93-319 N ~.5.
3 , of the City of Petaluma, California
4
5 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
6 37 ALTA DRIVE, PETALUMA (APN 007-301-024) TO BE A
7 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
8
9 WHEREAS, .Helen Huculak is the owner of record of the real property located at 37 Alta
10 Drive (APN 007-301-024), Petaluma, California; and
11 WHEREAS, it was alleged by the Senior Planning Technician of the Planning Department
12 and the City Fire Marshal that there exist at the property listed above violations of the Petaluma
13 Zoning Ordinance, Petaluma Municipal Code and the Uniform Fire Code; and
14 WHEREAS, it is further alleged that there is good cause to believe additional conditions of
15 the interior(s) of structures on the property are in violation of City Planning, Fire and Building
16 Codes, as well as State and/or County Health Codes and regulations; and
17 WHEREAS, the property owner was notified of the existence of known conditions by letters
18 from the Sonoma County Health Department dated April 23, 1992 and March 12, 1993, the Fire
19 Marshal dated March 15, 1993 and the Senior Planning Technician on June 23, 1993, copies of
20 which are made a part of this record; and
21 WHEREAS, the property owner was notified of the existence of known conditions by a letter
22 from the Assistant City Attorney dated August 13, 1993, a copy of which is made a part of this
23 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 and whether an interior inspection was necessary by means of
26 an order to show cause regarding abatement of public nuisance served by certified mail and regular
27 mail November 23, 1993, evidence of which service is contained in this record; and
28 WHEREAS, the property owner was notified of a hearing to be held on the question of
29 whether such nuisance did in fact exist and whether an interior inspection was necessary by means of
30 an order to show cause re abatement of public nuisance posted on the property affected on
31 November 23, 1993, evidence of which posting is contained in this record; and
32 WHEREAS, a hearing was held nn December 6, 1993 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 crass examine witnesses called by each other
35 on the question of whether a public nuisance did in fact exist as alleged, whether an interior
36 inspection was necessary and whether the cost of abating such nuisance should be assessed against
37 said property if the property owner fails to abate said nuisance as required by this Resolution.
38 .NOW, THEREFORE, BE IT RESOLVED as follows:
39 1. It is found, ordered and declared that a public nuisance exists at the property known
40 as 37 Alta Drive, Petaluma, California consisting of:
41 a) Collection of junk and debris on the property in violation of Petaluma Zoning
42 Ordinance Section 1-203 (Definitions/Junk and Junk Yard);
43 b) Accumulation of junk on the property in violation of Petaluma. Zoning
44 Ordinance Article 6 (R-1 Zoning District);
Res. Nn.........9.J-.`.?.1.~.... N.C.S.
f
1 ~ c) Accumulation of garbage and rubbish in violation of Petaluma Municipal Code
2 ' Sections 8.16.150 (Accumulation of rubbish -burial) and 8.16.160 (Container
3 required);
4 d) Accumulation of wastepaper, hay, grass, straw, weeds and litter on the
5 property in violation of Uniform Fire Code Sections 11.302(a) and (d)
6 (combustible vegetation);
7 2. The nuisance may be abated by:
8 a) Clearing the property of garbage, rubbish, junk, litter and debris, mowing,
9 disking or otherwise removing all weeds on the property and scheduling an
10 inspection of the property, including the interior of structures on the property,
11 by representatives of the City Planning Department and the City Fire Marshal.
12 3. If the nuisance is not voluntarily abated, and five (5) days after the date of service and
13 posting of this Resolution under paragraph 5 below, representatives of the City
14 Planning Department and the City Fire Marshal are hereby authorized to abate said
15 nuisance by removing garbage, rubbish, junk, litter and debris and mowing, disking
16 or otherwise removing all weeds on the property.
17 4. The City Attorney is hereby authorized to take all necessary and appropriate legal
18 actions to effect the abatement of the nuisance and seek fees and costs.
19 5. The City Attorney, representatives of the City Planning Department, ,City Fire
20 Marshal and Chief Building Official are further authorized to take all necessary and
21 appropriate actions, including but not limited to obtaining inspection or other warrant
22 from the appropriate Court, and performing an inspection of the interiors of all
23 structures on the property to determine whether conditions of said. structures violate
24 applicable codes and regulations.
25 6. Notice of this Resolution shall be given to the property owner by depositing a copy of
26 the same in the United States Postal Service, first class mail, postage prepaid, and by
27 posting a copy on the property within thirty (30) days of the date of its enactment.
28 7. The cost of said abatement proceedings to date, and any future abatement action
29 undertaken by the City or its designees, shall be assessed against the property in
30 accordance with the provisions set forth in Petaluma Municipal Code Sections
31 1.15.080-1.15.100.
32
33 c:\word\reso.doc
34 11/23/93 (fmk~naer 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 App fovemd as to
Council of the City of Petaluma at a (Regular) (~~Itl)C~{~~t) meeting
on the ..6tkl ................. day of ..........I)e~ember..........................-, 19..93., by the
following vote: •---•---••----- =--/----- - - - -
City Attorney
AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read
NOES: None
ABSENT: Mayor ~ igoss
ATTEST: .. -•- --•- -- ' . ..............~.~/...~................ ~~(,(~~~..... .- -.......-•-•---••--•--...-•---...............-..............----..-.
City Clerk Mayor
Council File.-•-• ...................._..-...... !
cn ~o-as ~ Rcs. No........93-3.1.9..... N.cs.