HomeMy WebLinkAboutResolution 2006-207 N.C.S. 12/18/2006 Resolution No. 2006-207 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
DENYING THE PROTEST OF LESTER YOUNG
AND CONFIRMING A COST REPORT FOR COSTS INCURRED
IN ABATING NUISANCE CONDITIONS AT 320 HOWARD STREET
WHEREAS, the City of Petaluma Community Development Department obtained an
inspection warrant from Sonoma County Superior Court on July 27, 2006 to conduct an
inspection of a single family residence located at 320 Howard Street ("the Premises"); and,
WHEREAS, on August 1, 2006, pursuant to said inspection warrant, city officials
conducted an inspection of the Premises; and,
WHEREAS, following the inspection of the Premises, City officials prepared reports on
the conditions observed during said inspection in preparation for obtaining a nuisance abatement
warrant; and,
WHEREAS, based on the inspections and reports of City officials, the City of Petaluma
Community Development Department obtained a nuisance abatement warrant from Sonoma
County Superior Court on September 27, 2006 to abate the nuisance conditions existing on the
Premises; and,
WHEREAS, in obtaining the inspection warrant and the nuisance abatement warrant and
conducting the activities described herein, the City incurred costs related to identifying,
documenting and abating the nuisance conditions at the Premises; and,
WHEREAS, the City is entitled to recover its costs of nuisance abatement pursuant to
and in accordance with state law and the City's Municipal Code; and,
WHEREAS, the nuisance abatement activities undertaken by the City and as described
herein were carried out to protect the health, safety and welfare of the community; and,
WHEREAS, the City gave due and proper notice of the costs of abatement activities and
advised Lester Young, the property owner of the Premises ("Young"), of his right to object to
said costs; and,
WHEREAS, Young has objected to the cost report prepared by the City and is entitled to
a public hearing on the costs of abatement, as provided in the City's Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma finds as follows:
1. All notices of this public hearing have been provided in accordance with applicable laws.
Resolution No. 2006-207 N.C.S. Page 1
2. The Cost Report subnutted as part of the Agenda Report on this matter truly and
accurately reflects actual costs inculTed by the City in abating the nuisance conditions
existing at the Premises.
3. The costs incurred by the City in this matter are reasonable and were necessary for the
health, safety and welfare of the community.
BE IT FURTHER RESOLVED AND ORDERED by the Petaluma City Council that
the objection of Lester Young to the Cost Report is ovel-ruled and that said Cost Report is hereby
confirmed in the amount of $18,571.57, which amount is payable to the City of Petaluma.
BE IT FURTHER RESOLVED AND ORDERED that the City Manager, or his
designee, is authorized to prepare and file a Notice of Lien to secure payment of the amount
confirmed herein.
Under the power and authority confen~ed upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the rove a to
Council of the City of Petaluma at a Regular meeting on the 18`x' day of December, form:
2006, by the following vote: ~
City Attorne
AYES: Mayor Glass, Healy, Vice Mayor Nau, O'Brien
NOES: None
ABSENT: Harris, Torliatt
ABSTAIN: None ~ I '1
. , I
ATTEST:
City Clerk ayor
Resolution No. 2006-207 N.C.S. Page 2