HomeMy WebLinkAboutResolution 91-344 11/18/1991'~ Res®lution No. 91-344 N C.S.
1 of the City of Petaluma, California
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4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
5 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
6 413 BROADWAY, PETALUMA (APN 008-021-12), TO BE A
7 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
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10 WHEREAS, Marc Wayne Salvisberg is the owner of record of the real property located at
11 413 Broadway (APN 008-021-12), Petaluma, California; and
12 WHEREAS, it was alleged by the Chief Building Official and the Senior Planning Technician
13 of the Planning Department that. there exist at the property listed above violations of the Petaluma
14 Municipal Code, Petaluma Zoning Ordinance and the Uniform Building Code; and
15 WHEREAS, the property owner was notified of the existence of said conditions by a stop
16 work order dated February 13, 1990 and a letter from the Building Division dated March 4, 1991,
17 and further in a letter ftom the City Attorney dated October 10, 1991, copies of which letters are
18 part of this record; and
19 WHEREAS, the property owner was notified of a hearing to be held on the question of
20 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
21 nuisance served by certified mail and regular mail November 7, 1991, evidence of which service is
22 contained in this record; and
23 WHEREAS, the property owner was notified of a hearing to be held on the question of
24 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
25 nuisance posted on the property affected on November 8, 1991, evidence of which posting is
26 contained in this record;. and
27 WHEREAS, a hearing was held on November 18, 1991 before the City Council at which
28 witnesses were sworn and evidence, both oral and documentary was heard and considered by the
29 Council and all parties were given the opportunity to cross examine witnesses called by each other
30 party on the question of whether a public nuisance did in fact exist as alleged and whether the cost of
31 abating such nuisance should be assessed against said property if the property owner fails to abate
32 said nuisance within thirty (30) days after adoption of this resolution.
33 NOW THEREFORE, BE IT RESOLVED as follows:
34 1. It is found, ordered and declared that a public nuisance exists at the property known
35 as 413 Broadway, Petaluma, California consisting of:
36 a) Conversion of a garage into an accessory dwelling without building permit
37 (Petaluma Municipal Code Section 17.04.010, Uniform Building Code (1988 Ed.), Chapter 3,
38 Section 301); and without a conditional use permit (Petaluma Zoning Ordinance Sections 6-304, 6-
39 405, 21-408), such conditions having been found to be in violation of the Codes and ordinances as
40 stated and to constitute a hazard to the public health, safety and welfare.
Hes. ~~,.....91.-344........ N.cs.
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2. The nuisance may be abated by (a) application to the Planning Commission for a
conditional use permit for an accessory dwelling; (b) filing of required application to SPARC for
review of site improvements; and (c) scheduling reinspection of the premises with the Building
Division and/or Planning Department to confirm vacation of premises in the interim. Should a
conditional use permit be denied, the property owner shall be required to remove any and all kitchen
(and sanitation) facilities within 30 days of final denial of the conditional use permit. Until such
time as permits are received, the premises must be vacated.
3. If the nuisance is not voluntarily abated, and following a period of thirty (30) days
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9 from the date of this resolution, the Building Division and/or Planning Department representatives
10 are hereby authorized to abate said nuisance by removing the aforesaid accessory dwelling.
11 4. The City Attorney is hereby authorized to take all necessary and appropriate legal
12 actions to effect the abatement of the nuisance and seek fees and costs.
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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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11/19/91 (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) (1@~dj~~14~tX~) .meeting form
on the ..181:11--•-----..... day of ...............~Q.Y.~.I]Q1~QS..-----......-.....-., 19..-~.1, by the
following vote:
City At o ney
AYES: Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
ABSENT: Read ,/~ -
ATTEST: .-....... :.... .. ........... .... -........
City Clerk Mayor
Council File.--- ............................._
CA 10-85 ~ Res. No.....9.1.-.`~.l~l~........ N.C.S.