HomeMy WebLinkAboutResolution 92-107 N.C.S. 05/04/1992Resolution No. 92-107 N ~.s.
1 of the City of Petaluma, California
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7 A RESOLUTION OE THE CITY COUNCIL OF THE CITY OF PETALUMA
8 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
9 1 HAWTHORNE COURT, PETALUMA (APN ®06-45®-lOj TO BE A
10 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
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14 WHEREAS, Anna n'ha Millee is the owner of record of the real property located at 1
15 Hawthorne Court (APN 006-450-10), Petaluma, California; and
16 WHEREAS, on January 1, 1991, there was a fire in the attic of the building located at 1
17 Hawthorne Court. Fire damage repairs were being made, and said repairs were without an
18 appropriate permit; and
19 WHEREAS, a stop work order was issued on May 1, 1991 for performing work without a
20 permit; and
21 WHEREAS, on May 2, 1991, Permit No. 91001073 was issued to repair the fire damage.
22 On May 9, 1991, a correction notice was issued by the Building Inspector indicating that work and
23 construction being done exceeded fire damage repair for which the then-existing permit allowed.
24 Submission of revised plans was requested; and
25 WHEREAS, on July 3, 1991, Application No. 91001989 and plans were submitted to install
26 a "dormer window to enlarge a small area"; and
27 WHEREAS, on July 23, 1991 a plan check correction list was sent to property owner
28 indicating items which needed to be revised, corrected, or submitted in greater detail. Another plan
29 check correction list was sent on September 20, 1991; and
30 WHEREAS, on December 19, 1991, notice was sent to property owner indicating that the
31 July 3, 1991 application for a building permit would expire on January 3, 1992; and
32 WHEREAS, on January 3, 1992, Application No. 91001989 expired without contact from
33 properly owner; and
34 WHEREAS, the property owner was notified of a hearing to be held on the question of
35 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
36 nuisance posted on the property affected on April 15, 1992, evidence of which posting is contained
37 in this record; and
38 WHEREAS, the property owner was notified of a hearing to be held on the question of
39 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
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1 nuisance served by certified mail and regular mail April 20, 1992, evidence of which service is
2 contained in this record; and
3 WHEREAS, a hearing was held on May 4, 1992 before the City Council at which witnesses
4 were sworn and evidence, both oral and. documentary was heard and considered by the Council and
5 all parties were given the opportunity to cross examine witnesses called by each other party on the
6 question of whether a public nuisance did in fact exist as alleged and whether the cost of abating
7 such nuisance should be assessed against said property if the property owner fails to abate said
8 nuisance within thirty (30) days after adoption of this resolution; and
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WHEREAS, evidence was presented that the building is in a state of dangerous disrepair; and
WHEREAS, evidence was presented by the Chief Building Official that there exists at the
property listed above violations of the Petaluma Municipal Code and Uniform Building Code, to
wit, Section 17.04.010 and Chapter 3, Section 301, respectively.
NOW THEREFORE, BE IT RESOLVED as follows:
1. Based upon the evidence presented at the public hearing and as set forth in the
"WHEREAS" provisions herein, it is found, ordered and declared that a public nuisance exists at the
property known as 1 Hawthorne Court, Petaluma, California consisting of a fire damaged building
in a state of disrepair. Such condition having been found to be in violation of the codes and
ordinances as stated and to constitute a hazard to the public health, safety and welfare;
2. The nuisance maybe abated by the property owner by:
A. Immediate application to the Building Division for a new building permit with
new plans to be reviewed and approved to complete the fire damage repair
within sixty (60) days of this resolution date;
B. Boarding up building within ten (10) days of this resolution date; or
C. Applying for a demolition permit within sixty (60) days of this resolution date
and having fire damaged building demolished along with its foundation and
removed from the site within ninety (90) days of this resolution date.
3. If the nuisance is not voluntarily abated by the property owner by one of the three
alternatives above within the time specified, the Building Division representative is hereby
authorized to abate said nuisance in the fashion described in items 2.B or C above. Any cost
incurred by the City shall become a special assessment and lien against said 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.
Reso. 92-107 NCS
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6. The cost of said abatement proceedings to date, and any future abatement action
undertaken by the City or its designee, shall be assessed against the property in accordance with the
provisions set forth in Petaluma Municipal Code Section 1.15.080-1.15.1.00.
ec: \word5\reso. doc
5/11/92 (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) btH"H~XQE~~1) meeting'-J !'.~--~~°rm
on the ......4th•.-•---..... day of ...........Mc`t..y ........................................ 19_~~_., by the '
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following vote: ~
City Attorne
AYES: Read, Davis, Cavanagh, Sobel, Mayor Hilligoss
NOES: None
ABSENT: Vice Mayor Woolsey ~, ABSTAIN: N
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(.,mod'`` ~'~~,..~ +~~,^°` ~~'.~. .~
ATTEST : ........................ .............................................................
City Clerk
CA ]0-85
i ,
elson <~ ~ `~~
Mayor
Council File ......................°----........
Rcs. No.......92,-1.~7...... n~.c.s.