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Home My WebLink AboutCC Resolution 9706 (Lochness Rd Abatement)RESOLUTION NO. 9706 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING CERTAIN COMBUSTIBLE VEGETATION LOCATED ON UNDEVELOPED PROPERTY AT LOCHNESS LANE AND MANDERLY ROAD (AP NO. 16-091-037) TO CONSTITUTE A PUBLIC NUISANCE, ORDERING ABATEMENT BY OWNER BY SPECIFIED DATE, DIRECTING FIRE MARSHAL TO ABATE NUISANCE IF NOT ABATED BY OWNER, AND DIRECTING RECOVERY OF ABATEMENT COSTS AND RELATED ADMINISTRATIVE COSTS IF ABATEMENT UNDERTAKEN BY FIRE DEPARTMENT. WHEREAS, under Chapter 1.16 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, and to order abatement of said nuisance and to assess the costs of abatement as a lien against the property; and WHEREAS, pursuant to Section 4.08.020 of the San Rafael Municipal Code, the City Council of the City of San Rafael has adopted the 1994 edition of the Uniform Fire Code, including Appendix H -A thereto; and WHEREAS, the Fire Marshal of the San Rafael Fire Department has inspected the undeveloped property located at Lochness Lane and Manderly Road (AP # 16-091-037) and has determined that combustible weeds, grass, and other vegetation existing on such property create a fire hazard, in violation of Section 1103.2.4 and Section 16 of Appendix II -A of the Uniform Fire Code adopted by the City, requiring their removal from the property due to the proximity of adjacent residential buildings and structures; and WHEREAS, on August 8, 1996, a notice and order to abate this fire hazard was served on the property owner by mailing a copy of same to his last known address, as required by Section 103.4.2 of the Uniform Fire Code adopted by the City; and WHEREAS, on September 4, 1996, an Order to Show Cause regarding Abatement of Nuisance, a copy of which is attached hereto as Exhibit "A", was served on the property owner and posted on the property as required by Section 1. 16.030 of the San Rafael Municipal Code, thereby giving notice of a hearing by the City Council at its regular meeting on September 16, 1996, to determine the existence of a public nuisance due to the aforementioned fire hazard in violation of the Uniform Fire Code adopted by the City; and 1 WHEREAS, the property owner has failed to abate said fire hazard; and WHEREAS, the City Council at is regular meeting on September 16, 1996, conducted a hearing concerning the existence of the public nuisance, and listened to and reviewed all the evidence submitted by the Fire Marshal and others in regard to this nuisance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE AS FOLLOWS: That combustible vegetation exists on the undeveloped property located at Lochness Lane and Manderly Road (AP # 16-091-037) which constitutes a fire hazard in violation of Section 1103.2.4 and Section 16 of Appendix II -A of the Uniform Fire Code adopted by the City under Section 4.08.040 of the San Rafael Municipal Code, and a public nuisance under Section 1.12.010 and 4.08.120(F) of the San Rafael Municipal Code. 2. That all notices required for the abatement of a public nuisance under the San Rafael Municipal Code have been given to the property owner. 3. That the Fire Marshal is ordered to immediately serve a copy of this Resolution on the record property owner and post the property with same, as required by Section 1. 16.060 of the San Rafael Municipal Code. 4. That within fifteen (15) days following service and posting of the Resolution as provided herein, the record property owner, Mr. Abolfath Hosseinyoun, is ordered to complete the abatement of the public nuisance declared herein, by clearing the combustible vegetation from the property, as more particularly described in the Order to Show Cause Re Abatement of Public Nuisance, attached hereto as Exhibit "A". That if the record property owner has not abated the public nuisance as ordered herein within fifteen (15) days after service and posting of the Resolution, the Fire Marshal is directed to cause said public nuisance to be abated in the manner permitted by law. 6. That, if the Fire Marshal is required to abate the public nuisance, the Fire Marshal is directed to determine the actual costs of abatement and related administrative K costs, and to pursue the recovery of same as provided in Section 4.08.120(F) of the San Rafael Municipal Code. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 16'' day of September, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor B.oro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller JXANNEM. LEON�City,k 3 0Cr-1U_1770 IVJ• 17 carr of n., Fire Depart~c Office= 1039 C Street Son Rafael, CA Phones. (415) 48S-3308; FAX (415) 453-1627 September 4, 1996 Mr. Abolfath Hosseinyoun 65 Koch Road, Suite F Corte Madera, CA 94925 RE: AP 016-091-37 Dear Mr. Hosseinyoun: q1J 47J i0e ( r. LID AWere J. Qorp CkNH1dWbM� Rein M. Cohen Berbe.v F-� Cyr N. PAUG,- 94901 Rahen E. Manveei Gay 0. Phillipe Fkv Chief CERTIFIED MAIL - RETURN RECEIPT REQUESTED COPY BY FACSIMILE Based on field inspections conducted on August 7, 1996 and September 3, 1996, this letter is being written to you as a formal... "Order to Show Cause RE: Abatement of Public Nuisance to: You are hereby notified to appear before the City Council of the City of San Rafael on the 16th day of September, 1996, at City Hall, 1400 Fifth Avenue, San Rafael, California at the hour of 8,00 p -m., or as soon thereafter as the matter may be heard, and show cause, if any you have, why that certain fire hazard should not be condemned as a public nuisance and said nuisance be abated by its removal or modification, and why the cost of such abatement should not be assessed upon the property from which the nuisance is abated, such cost to constitute a lien upon said property until paid. Dated: This 4th day of September, 1996. r�Leoncini, City G1erk -- This notice of abatement is due to the fire hazard caused by your above-mentioned property to the houses on AP 16-091-12, 16-091-36 and 16-091-39. The fire hazards have been discussed with you annually, but will be repeated here. The fire hazards and clearance distances were determined using the criterion established by FireSafe Marin 1400 F/FTl/ AVS, v.0. MOM 1616e0. SAM RAFAEL. CA 04D95-9560 FAC9p 4UM 418 4 666 62 T.QO... 415 495.3158 EXHIBIT A 5th'-lYJ-177b lYJ� 17 Page Two Mr. Hosseinyoun September 4, 1996 417 47J 1 OG f F' . U14 which includes public and private agencies and homeowners groups. The criterion are based on the degree of slope, the aspect (direction) of the slope, and the type of fuel in three distinct increments from the threatened house. Each area of the criterion is assigned hazard points, the total of which determine the total hazard and the distance to be cleared. The fire hazard caused by your property is as follows: Aspect, southwest, 4 points Slope, . > 31 %, 8 points Fuel 0-30 feet, tall grass and Savanna, 4 points Fuel 31-50 feet, tall grass and Savanna, 3 points Fuel 51-100 feet, tall grass and Savanna, 1 point Total hazard points: 20 Required clearances: 100 feet downslope from AP 16-091-39 and 50 feet across slope from AP 16-091-12 and from AP 16-091-36 The required clearance plan is as follows: Fuels 0-30 feet from houses Grasses: Cut to 3" in height, mulch or remove Brush: Remove pyrophytes Remove all dead wood Thin remaining brush so that each bush is separated by a distance no less than two times its height (e.g., 6' tall brush = 12' between plants). Fuels 31-50 feet from houses Grasses: Cut to 3-6" in height Brush: Remove pyrophytes Thin remaining brush so that each bush is separated by a distance no less than two times its height. Fuels 51-100 feet from houses Grasses: Cut to 3-12" in height Brush: Thin remaining brush so that each bush is separated by a distance no less than two times its height. All cut and downed fuels must be Mulched (chipped) and spread or removed. btW-10-177b lu;du Page Three Mr. Hosseinyoun September 4, 1996 415 45.5 1b -j( F. ut) If you choose not to comply with this directive, the City Council can authorize the Fire Department to implement the clearance plan. If this option is exercised, you would be billed the actual cost of cleanup plus administrative costs. If you did not pay for the cleanup, a lien would be placed against your property. I look forward to hearing from you or your representative. My telephone number is (416) 485-3308. Sincerely, ft . 1644,1o Battalion Chief KEITH J. SCHOENTHAL Fire Marshal KJS: rlb cc: Mayor and City Council City Manager Fire Chief City Attorney City Clerk TOTAL P.05