HomeMy WebLinkAboutResolution 90-084 N.C.S. 03/19/1990ReSOIUtI~rl N0. 90-84 N C.~.
of the City of Petaluma, California
RESOLUTION DECLARING THE 46-FOOT PYLON SIGN LOCATED ON
THE PROPERTY AT 5153 OLD REDWOOD HIGHWAY, PETALUMA,
CALIFORNIA A PUBLIC NUISANCE AND ORDERING
SAID NUISANCE TO BE ABATED
WHEREAS, Philip L. Joerger is the owner of record of the real
property at 5153 Old Redwood Highway, Petaluma, California (APN
047-211-16); and
WHEREAS, Exxon Company USA has a .leasehold interest in the real
property at 5153 Old Redwood Highway, Petaluma, California; and
WHEREAS, Mike Gutzman, as tenant and operator of the Exxon
service station, has an interest in the real property at 5153 Old
Redwood Highway, Petaluma, California; and
WHEREAS, it is alleged that said 46-foot high pylon free-standing
sign is an illegal, non-conforming sign in violation of Section
21-204.5 (E) of the Petaluma Zoning Ordinance; and
WHEREAS, the City Council has denied the appeal by Exxon
Company USA to allow retention of said sign as set forth in Resolution
90-39; and
WHEREAS, by Resolution 90-40, the City Council directed staff to
commence abatement procedures on said illegal non-conforming,
free-standing pylon sign; and
WHEREAS, said property owner, lessee and tenant were notified of
a hearing to be held on the question of whether. such nuisance did in
fact exist; and
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Res. No......_..._ .......:.......... V.C.S.
WHEREAS, said hearing was held on March 19, 1990, and evidence,
both oral and documentary, was heard and considered by the Council
and the questions of
(1) whether a public nuisance did in fact exist at 5153 Old
Redwood Highway, Petaluma, California; and
(2) whether or not the lessee and/or tenant have posted a bond
for 150 percent (1500) of the estimated cost of removal as
required by Resolution 90-40; and
(3) whether or not all other signs on the property have been
brought into compliance with the Petaluma Zoning Ordinance
per Resolution 90-40, prior to the adoption of this resolution.
NOW THEREFORE, BE IT RESOLVED as follows:
1. It is found, ordered and declared that the 46-foot,
free-standing pylon sign located at the property known as 5153 Old
Redwood Highway, Petaluma, California constitutes a public nuisance;
2 . This nuisance shall be abated by
(a) The posting of a bond by lessee and/or tenant in the
sum of $3,000.00 pursuant to Resolution 90-40 with said
bond to be used as security for the removal of said
sign;
(b) The removal of said sign within twenty-four (24) months
from Council action on January 16, 1990;
(c) The assurance that said sign shall be removed through
the execution and recordation of an agreement to bind
the lessee and tenant/operator and/or their successors to
the removal of the sign within said twenty-four (24)
month (from January 16, 1990) period;
Reso. 90-84 NCS 2 of 3
(d) The provision that if said sign is not removed within
twenty-four (24) months after January 16, 1990 at which
time the Council took action to deny a variance to allow
retention of said sign, the City shall immediately utilize
the above-mentioned bond to cause removal of said sign;
3. Following the twenty-four .(24) month period after Council
action on January 16, 1990, should the lessee and/or tenant and/or
their successors fail to abate said nuisance, the City is hereby ordered
to immediately utilize the above-mentioned bond, take whatever other
action may be necessary to abate said nuisance and that any additional
costs incurred in the abatement of said nuisance, if undertaken by the
City or its designee, shall be assessed against the property and if not
promptly paid shall constitute a lien against the property.
4. Notice of this resolution shall be given to Philip L. Joeger,
owner of said real property; Exxon Company, lessee of said real
property; and Mike Gutzman, operator/tenant of said real property, by
depositing a copy of the same in the United States Postal Service
first-class mail postage prepaid, subsequent to its adoption.
exxon 3
ABATEI
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 PCppzt7ve~d o
Council of the City of Petaluma at a (Regular) (at}~~~i~) meeting ~
on the .......19th ........ day of .......... M 1.I: Cll ..................................... 19....g Q, by the.
C_
following vote:
pity At orne
AYES: Tencer, Woolsey, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: Cavanagh, Balshaw
ABSENT: 0
ATTEST- ------ ---------- ~.~fE.d!o.f~.~~L..-~~..'.`.................
i y Clerk
Council File--•--.....--.--° .................
ca io-se Res. n~o.....90._.8.~.......... ~,cs:
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