HomeMy WebLinkAboutResolution 91-284 09/16/1991.,
~~'S®IU~101'~ N®. 91-284 N.C.S.
1 of the City of Petaluma, California
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5 A RES®LUTION OF THE CITY C®UNCIL ®F THE CITY OF PETALUMA
6 DECLARING CERTAIN CONDITI®NS OF THE PROPERTY AT
7 13 RAYA~®ND HEIGHTS, PETALUMA (APN 008-232-17), T® BE A
8 PUBLIC NUISANCE AND ORDERING SAID NUISANCE T® BE ABATED
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10 WHEREAS, F. M. Arfsten is the owner of record of the real property located at 13
11 Raymond Heights (APN 008-232-17), Petaluma, California; and
12 WHEREAS, it was alleged by the Chief Building Official and the Senior Planning Technician
13 of the Community Development Department that there exist at the property listed above
14 improvements constructed without benefit of Planning or Building review or permits; and
15 WHEREAS, the property owner was notified of the existence of said conditions in letters
16 from the Community Development Department dated 3/1/90, 7/10/90, 4!27/90, 10/2/90, 11/29/90,
17 3/12/91, and further in letters from the City Attorney dated 1/ 10/91, 7/ 17/91, 8/ 14/91, copies of
18 which letters are 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 9/3/91, evidence of which service is contained in
22 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 9/3/91, evidence of which posting is contained in this
26 record; and
27 WHEREAS, a hearing was held on 9/16/91 before the City Council at which witnesses were
28 sworn and evidence, both oral and documentary was heard and considered by the Council and all
29 parties were given the opportunity to cross examine witnesses called by each other party on the
30 question of whether a public nuisance did in fact exist as alleged and whether the cost of abating
31 such nuisance should be assessed against said property if the property owner fails to abate said
32 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 13 Raymond Heights, Petaluma, California consisting of:
36 a) Construction and use of a second dwelling unit in an R-1 Zone without
37 conditional use permit, design review, building permit or certificate of
38 occupancy. (Petaluma Zoning Ordinance Sections 6-200, 6-405, 21-408, 26-
39 401, 26-500; Petaluma Municipal Code Section 17.04.010; Uniform Building
40 Code Sections 301, 307.)
Res. No. ......._,7.1.-28.4... N.C.S.
1 b) Construction and placement of exterior stairway in sideyard setback.
2 (Petaluma Zoning Ordinance Section 6-600. )
3 c) Stairs not in conformance with Uniform Building Code Sections 3306(b) and
4 (n). (Petaluma Municipal Code Section 17.04.010.)
5 d) Noncompliance with Uniform Building Code Section 1207 regarding required
6 minimum ceiling height. (Petaluma Municipal Code Section 17.04.010.)
7 e) Noncompliance with Uniform Building Code Section 1204 regarding fire exits.
8 (Petaluma Municipal Code Section 17.04.010.)
9 Such conditions having been found to be in violation, and such conditions having been
10 found to constitute a hazard to the public health, safety and welfare.
11 2. The nuisance may be abated by (a) removal of kitchen and sanitation facilities from
12 the upstairs second unit; (b) removal of stairs to upstairs unit; and (c) scheduling reinspection of the
13 premises with the Community Development Department.
14 3. If the nuisance is not voluntarily abated, and following a period of thirty (30) days
15 from the date of this resolution, the Community Development Department representative is hereby
16 authorized to abate said nuisance by removing the aforesaid illegal improvements (second unit and
17 stairs).
18 4. The City Attorney is .hereby authorized to take all necessary and appropriate legal
19 actions to effect the abatement of the nuisance and seek fees and costs.
20 5. Notice of this resolution shall be given to the property owner by depositing a copy of
21 the same in the United States Postal Service, first class mail, postage prepaid, within thirty (30) days
22 of the date of its enactment.
23 6. The cost of said abatement proceedings to date, and any future abatement action
24 undertaken to the City or its designees, shall be assessed against the property in accordance with the
25 provisions set forth in Petaluma Municipal Code Sections 1.15.080-1.15.100.
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30 9/12/91 (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
y ( gular) (l~d~~($.~) meetin
Council of the Cit of Petaluma at a Re g . '` ~~"~' fo
on the .....16th.-.-....... day of ...............~~.~.~?~~n?h2r....................., ls...~a, by the ;_ l'_-~r"`)
following vote: ~ "
City Attorney
AYES: Read, Davis, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: Cavanagh
ABSENT: None
ATTEST: ----- .-... .
City Cl
CA 10-85
Council (F1ile.-.-..(.v. ".I.- .--1 `.'.:.......
Res. No. 7i.~. r..~q.~.........,.. N.C.S.