HomeMy WebLinkAboutResolution 91-080 04/01/1991Resolution No. 91-80 N,~,~,
of the City of Petaluma, California
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
DECLARING CERTAIN CONDITIONS OF THE PROPERTY
AT 40 FOURTH STREET, PETALUMA (APN 008-061-17), TO BE
A PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
WHEREAS, Robert McDonald and Shirley McDonald, Trustees are the owners of
record of the real property located 40 Fourth Street (A.P. 006-061-17), Petaluma,
California; and
WHEREAS, it was alleged by the Senior Planning Technician of the Community
Development Department that there exist at the property listed above signs which are in
excess of the size permitted by Petaluma Municipal Code Section 26-900 and which were
erected without permits; and.
WHEREAS, the property owners and the commercial tenant were notified of the
existence of said condition in letters from the Community Development Department dated
July 23 and October 17, 1990, and further in letters from the City Attorney dated January 8
and January 28, 1991, copies of which letters are part of this record; and
WHEREAS, the property owners and the commercial tenant were notified of a
hearing to be held on the question of whether such nuisance did in fact exist by means of an
order to show cause re abatement of public nuisance served on the property owners and
commercial tenant by certified mail and regular mail on March 22, 1991, evidence of which
service is contained in this record; and
WHEREAS, the property owners and commercial tenant were notified of a hearing
to be held on the question of whether such nuisance did in fact exist by means of an order
to show cause re abatement of public nuisance posted on the property affected on March
22, 1991, evidence of which posting is contained in this record; and
WHEREAS, a hearing was hearing was held on April 1, 1991 before the City
Council at which witnesses were sworn and evidence, both oral and documentary was heard
and considered by the Council and all parties were given the opportunity to cross examine
witnesses called by each other party on the questions of whether a public nuisance did in
fact exist as alleged and whether the cost of abating such nuisance should be assessed
against said property if the property owners and commercial tenant fail to abate said
nuisance within thirty (30) days after adoption of this resolution; and
O1
Rcs. No. ......9.1.-..0.0.......... N.C.S.
1 WHEREAS, Ms. Elaine Cook, the commercial tenant, agreed to apply for a sign
2 permit to legalize all permanent signs and to remove the banner signs, all within thirty (30)
3 days of the hearing.
4 NOW THEREFORE, BE IT RESOLVED as follows:
5 1. It is found, ordered and declared that a public nuisance exists at the property
6 known as 40 Fourth Street, Petaluma, California consisting of two banner signs affixed to
7 the building exterior which are oversize and were erected without a sign. permit, and
8 permanent signs which were erected without a sign permit, such conditions having been
9 found to be a violation of Petaluma Municipal Code Section 26-900, and such conditions
10 having been found to constitute a hazard to the public health, safety and welfare;
11 2. The nuisance may be abated by removal of the two large banner signs
12 attached to east and west sides of the building, by applying for and securing a sign permit
13 for all permanent signs, and by scheduling reinspection of the premises with the
14 Community Development Department
15 3. If the nuisance is not voluntarily abated, and following a period of thirty (30)
16 days from the date of this resolution, the Community Development Department
17 representative is hereby authorized to abate said nuisance by removing the aforesaid signs.
18 4. The City Attorney is hereby authorized to take all necessary and appropriate
19 legal 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 owners and
21 commercial tenant by depositing a copy of the same in the United States Postal Service,
22 first class mail, postage prepaid, within thirty (30) days of the date of its enactment
23 6. The cost of said abatement, if undertaken by the City or its designee, shall be
24 assessed against the property in accordance with the provisions set forth in Petaluma
25 Municipal Code sections 1..1.5.080-1.15.100.
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28 c: \word5 \reso.doc
29 fmk \4 / 1$ /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) (~~~;(~ipg~ meeting form
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on the ..lsx ................. day of ..........~.p)'ll.............................__......_, 19..91., by the ~ ~ ~~
following vote: ~(,~ '~'°
City Attorney
AYES: Read, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: D~'vis, S
ATTEST: V..._.Sl....~`~~ ~......'.~„'...`.":'.....' ..............:.............
City Clerl: 2
Council File ...............p......
CA 10-85 ~ Res. No. ,..........~.1.-.R.~.
Mayor
N.C.S.