HomeMy WebLinkAboutCC Resolution 9788 (20 Frances St Abatement)RESOLUTION NO. 9 7 8 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DECLARING THAT THE KEEPING, ACCUMULATION AND
MAINTENANCE OF DEBRIS, TRASH, GARBAGE, AND OTHER SOLID
WASTE ON THE PROPERTY LOCATED AT 20 FRANCES STREET (AP
No. 12-072-017), VIOLATE VARIOUS SPECIFIED PROVISIONS OF THE
SAN RAFAEL MUNICIPAL CODE, AND CONSTITUTE A PUBLIC
NUISANCE, ORDERING THE PROPERTY OWNERS TO ABATE THE
EXISTING NUISANCE WITHIN 15 DAYS AND TO CEASE AND DESIST
FROM ANY FUTURE SUCH NUISANCE ACTIVITIES, DIRECTING
CITY OFFICIALS TO ABATE THE NUISANCE IF THE OWNERS FAIL
TO DO SO DURING THE ABATEMENT PERIOD, DIRECTING THE
ASSESSMENT OF THE CITY'S ABATEMENT COSTS AS A LIEN
AGAINST THE PROPERTY, DIRECTING THE RECOVERY OF SUCH
ABATEMENT COSTS ON THE TAX ROLLS, AND AUTHORIZING THE
RECOVERY OF ADMINISTRATIVE ABATEMENT COSTS.
WHEREAS, under Chapter 1.20 of the San Rafael Municipal Code, the City Council of
the City of San Rafael is empowered to declare a public nuisance after notice and hearing, to
order abatement of said nuisance, to assess the City's abatement costs as a lien against the
property on which the nuisance is abated, and to collect such costs on the tax rolls, and to
otherwise recover the City's abatement costs; and
WHEREAS, the City Code Enforcement Officer and the County Health Officer, acting
on behalf of the City, have testified that they have inspected the residential property located at 20
Frances Street (AP No. 12-072-017), and have testified and produced evidence as to the keeping,
accumulation and maintenance of debris, trash, garbage, and other solid waste in the yard areas
of such property, in violation of San Rafael Municipal Code Sections 9.19.040 and 9.19.060,
some of which waste and debris consists of abandoned and broken equipment and neglected
machinery likely to be attractive and dangerous to children in violation of SRMC Section
1.20.030(I), and some of which waste and debris is likely to provide a harborage area for rodents
or vectors, in violation of SRMC Section 9.12.030; and
WHEREAS, notices of this public hearing to determine the existence of a public
nuisance have been served on the property owner and posted on the property in accordance with
SRMC Section 1.20.070; and
WHERAS, the City Council, at its regular meeting on February 3, 1997, conducted the
noticed public hearing concerning the existence of a public nuisance, and listened to and
reviewed all the evidence submitted in regard to such a nuisance; and
WHEREAS, evidence has been presented that as of the date of this public hearing the
conditions constituting the aforementioned Code violations have not been abated.
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WHEREAS, evidence has been presented that as of the date of this public hearing the
conditions constituting the aforementioned Code violations have not been abated.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE AS FOLLOWS:
1. That all notices required under the abatement of public nuisance provisions of the
San Rafael Municipal Code have been duly given to the owner of the property located at 20
Frances Street (AP No. 12-072-017).
2. That on the property located at 20 Frances Street in this City there exists a
keeping, accumulation and maintenance of debris, trash, garbage, and other solid waste, in
violation of San Rafael Municipal Code Sections 9.19.040 and 9.19.060, which constitutes a
public nuisance under SRMC Sections 1.12.010 and 1.20.010.
3. That on the property located at 20 Frances Street in this City there exists waste
and debris which is likely to provide a harborage area for rodents, rats or mice, in violation of
SRMC Section 9.12.030, which constitutes a public nuisance under SRMC Sections 1.12.010
and 1.20.010.
4. That on the property located at 20 Frances Street in this City there exists waste
and debris consisting of abandoned and broken equipment and neglected machinery likely to be
attractive and dangerous to children in violation of SRMC Section 1.20.030(1), which constitutes
a public nuisance under SRMC Sections 1. 12.010 and 1.20.010.
5. That the owner of the property located at 20 Frances Street in this City is ordered
to abate said public nuisance on or before February 18, 1997, by doing all of the following:
a) Remove all debris, trash, garbage and other solid waste from the property, and
arrange for disposal of such waste at an approved disposal facility.
b) Remove all abandoned and broken equipment, appliances and machinery from the
property, including the junked motorcycle and auto parts.
c) Remove from the property any trash, debris and other waste, or abandoned
materials or substances likely to attract or become a breeding place for rodents,
rats or mice.
d) Remove or rearrange and stack the lumber in the rear yard area so that it ceases to
be a harborage area for rodents, rats and mice.
6. That the owner of the property located at 20 Frances Street in this City is further
ordered to immediately cease and desist from further accumulating and maintaining garbage,
trash, debris or other solid waste on the property, except by the use of containers which will
provide safe and sanitary storage of same between regular pickups by the City's authorized
refuse agent..
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7. That the City Manager, or other responsible City Official designated by him, is
hereby directed to abate the declared public nuisances if such abatement has not been completed
by the owner of the premises by the end of the aforementioned abatement period.
8. That the City Attorney is authorized to initiate inspection and abatement warrant
proceedings, civil actions, or other appropriate proceedings, if the public nuisance has not been
abated by the end of the aforementioned period.
9. That the responsible City official, after abating any of the declared public
nuisance not completed by the property owners, shall determine the actual cost of the abatement
and shall assess the abated premises for said costs as a lien against the premises and collect such
costs along with other taxes, in the manner provided by SRMC Chapters 1.20 or as otherwise
permitted by law.
10. That the responsible City official is authorized to compute the actual
administrative costs of any enforcement actions and proceedings to abate the declared public
nuisance, and to pursue the recovery of said costs to the full extent permitted by SRMC Chapter
2.50 or as otherwise permitted by law.
11. That the City Manager, or other responsible City Official as designated by him, is
directed to post a copy of this Resolution on the aforementioned property, and serve a copy of
same on the owners of the property in the manner provided by San Rafael Municipal Code
Section 1.20.030.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that this
resolution was duly and regularly introduced and adopted at a regular meeting of said City
Council held on the 3`a day of February, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips. & Mayor Boro
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS: None
JEVNNE M. LEONCINI, City Clerk
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RESOLUTION NO. 9 7 8 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DECLARING THAT THE KEEPING, ACCUMULATION AND
MAINTENANCE OF DEBRIS, TRASH, GARBAGE, AND OTHER SOLID
WASTE ON THE PROPERTY LOCATED AT 20 FRANCES STREET (AP
No. 12-072-017), AND THE FAILURE TO PROCURE REFUSE SERVICE,
VIOLATE VARIOUS SPECIFIED PROVISIONS OF THE SAN RAFAEL
MUNICIPAL CODE, AND CONSTITUTE A PUBLIC NUISANCE,
ORDERING THE PROPERTY OWNERS TO ABATE THE EXISTING
NUISANCE WITHIN 15 DAYS AND TO CEASE AND DESIST FROM
ANY FUTURE SUCH NUISANCE ACTIVITIES, DIRECTING CITY
OFFICIALS TO ABATE THE NUISANCE IF THE OWNERS FAIL TO
DO SO DURING TiHE ABATEMENT PERIOD, DIRECTING THE
ASSESSMENT OF THE CITY'S ABATEMENT COSTS AS A LIEN
AGAINST THE PROPERTY, DIRECTING THE RECOVERY OF SUCH
ABATEMENT COSTS\ AS TAXES, AND AUTHORIZING THE
RECOVERY OF ADMINISTRATIVE ABATEMENT COSTS.
WHEREAS, under Chapter 1.20 of the San Rafael Municipal Code, the City Council of
the City of San Rafael is empowered to declare a public nuisance after notice and hearing, to
order abatement of said nuisance, to assess the City's abatement costs as a lien against the
property on which the nuisance is abate\ and to collect such costs on the tax rolls, and to
otherwise recover the City's abatement costs; and
WHEREAS, the City Code Enforcement Officer and the County Health Officer, acting
on behalf of the City, have testified that they have inspected the residential property located at 20
Frances Street (AP No. 12-072-017), and have testified and produced evidence as to the keeping,
accumulation and maintenance of debris, trash, garbage, and other solid waste in the yard areas
of such property, in violation of San Rafael M `ipal Code Sections 9.19.040 and 9.19.060,
some of which waste and debris consists of abandoned and broken equipment and neglected
machinery likely to be attractive and dangerous to children in violation of SRMC Section
1.20.030(I), and some of which waste and debris is
or vectors, in violation of SRMC Section 9.12.030; and
WHEREAS, notices of this public hearing to
nuisance have been served on the property owner and p
to provide a harborage area for rodents
the existence of a public
on the property in accordance with
SRMC Section 1.20.070; and
WHERAS, the City Council, at its regular meeting on F ebruary 3, 1997, conducted the
noticed public hearing concerning the existence of a public \nuisance, and listened to and
reviewed all the evidence submitted in regard to such a nuisance; and