HomeMy WebLinkAboutResolution 91-081 04/01/1991.. .r=
FZesOlution No. sl-sl N C.S.
of the City of Petaluma, California
_ 1
2
3
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF PETALUI~iIA
7 DECLARING CERTAIN CONDITIONS OF THE PROPERTY
8 AT 113 WEBSTER STREET, PETALUMA (APN ®08-132-OS), TO EE
9 A PUBLIC NUISANCE AND ORDERING SAID NUISANCE T® BE ABATED
10
11
12 WHEREAS, Dolores M. Nagy is the owner of record of the real property located
13 113 Webster Street (APN 008-132-OS), Petaluma, California; and
14 WHEREAS, it was alleged by the Fire Marshal of the City of Petaluma that there
15 exist at the property listed above violations of Section 11.201 A of the 1.988 Edition,
16 Uniform Fire Code; and
17 WHEREAS, the property owner was notified of the existence of said conditions in a
18 letter from the Fire Marshall dated March 1, 1991 and further in a letter from the City
1.9 Attorney dated January 10, 1991, copies of which letters are part of this record; and
20 WHEREAS, the property owner was notified of a hearing to be held on the
21 question of whether such nuisance did in fact exist by means of an order to show cause re
22 abatement of public nuisance served on the property owner by certified mail and regular
23 mail on March 22, 1991, evidence of which service is contained in this record; and
24 WHEREAS, the property owner was notified of a hearing to be held on the
25 question of whether such nuisance did in fact exist by means of an order to show cause re
26 abatement of public nuisance posted on the property affected on March 22, 1991, evidence
27 of which posting is contained in this record; and
28 WHEREAS, a hearing was hearing was held on April 1, 1991 before the City
29 Council at which witnesses were sworn and evidence, both oral and documentary was heard
30 and considered by the Council and all parties were given the opportunity to cross examine
31 witnesses called by each other party on the questions of whether a public nuisance did in
32 fact exist as alleged and whether the cost of abating such nuisance should be assessed
33 against said property if the property owners and commercial tenant fail to abate said
34 nuisance within thirty (30) days after adoption of this resolution.
35 NOW THEREFORE, BE IT RESOLVED as follows:
36 1. It is found, ordered and declared that a public nuisance exists at the property
37 known as 113 Webster Street, Petaluma, California consisting of overgrown vegetation,
38 accumulated rubbish and debris and dilapidated sheds and/or animal pens, each such listed
39 condition having been found to be a violation of 1.988 Edition, Uniform Fire Code Section
Res. No.......9.1-.g.1.......... N.C.S.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1.6
17
18
19
20
21
22
23
24
25
26
11..201 A, and each such condition having been found to constitute a hazard to the public
health, safety and welfare;
2. The nuisance may be abated by removing overgrown vegetation, rubbish and
debris, by repairing or removing the dilapidated sheds and /or animal pens in the rear yard,
by taking action to exterminate and exterminating rodents, and by scheduling renspection
of the premises with the Fire Marshal.
3. Following a period of thirty (30) days from the date of this resolution, the
Fire Marshal is hereby authorized to abate said nuisance by causing the required work to
be performed by the City or its designee.
4. The City Attorney is hereby authorized to take all necessary anal 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,
within thirty (30) days of the date of its enactment.
6. The cost of said abatement, if undertaken by the City or its designee, shall be
assessed against the property in accordance with the provisions set forth. in Petaluma
Municipal Code sections 1.1.5.080-1..15.100.
c: \word5 \reso.doc
fmk\4/1.8/91
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) (~i$~o`ti~X(d~£i~~) meeting ~ f"
on the .-----ls-~ ............. day of ...-........~~)1'~~,..........-................._......., X9...91, by the. /~
following vote: ......-•----...--••-•----------•--•--••----•
City Attorney
AYES: Read, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES; None
ABSENT: Davis, So
ATTEST : .. .... ............................. ................................ .................
City Clerk
CA 10-85
Council File ....................................
Res. No......~.~-. H.~........... N:C.S.