HomeMy WebLinkAboutCC Resolution 9720 (27 Valencia Abatement)RESOLUTION NO. 9.720
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DECLARING CERTAIN COMBUSTIBLE VEGETATION LOCATED ON
DEVELOPED PROPERTY AT AP 14-062-02 (27 VALENCIA) 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; and
WHEREAS, the Fire Marshal of the San Rafael Fire Department
has inspected the property located at 27 Valencia (AP 14-062-02)
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 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 May 30, 1996 (forwarding order expired),
June 19, 1996, August 20, 1996 and September 11, 1996, 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 26, 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 October 7, 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
OR I G I � a I
WHEREAS, the property owner has failed to abate said fire
hazard; and
WHEREAS, the City Council at its regular meeting on
October 7, 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:
1. That combustible vegetation exists on the undeveloped
property located at 27 Valencia (AP 14-062-02) which constitutes
a fire hazard in violation of Section 1103.2.4 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
owners, Mr. Paul Thompson and Mrs. Kathleen Thompson, are 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.
5. 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 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 7th day of October,
1996, by the following vote, to wit:
AYES: COUNCILMEMBERS:Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JE M. LEONCI�erkCity'Cl
CITY OF EXHIBIT A
Mayor
Alberc J. Boro
Counoll Marnber s
Paul M. Cohen
Barbera Heller
Cyr N. Miller
Fire Department Officer. 1039 C Street San Rafael, CA 94901 Robert E Marcucci Gary O. Phillips
Phone: (415) 485-3308; FAX (415) 453-1627 Fire Chief
September 26, 1996 CERTIFIED MAIL - RETURN
RECEIPT REQUESTED
COPY BY FACSIMILE
Mr. Paul Thompson
Mrs. Kathleen Thompson
44 San Rafael Avenue
San Anselmo, CA 94960
RE: 27 Valencia
Dear Mr. and Mrs. Thompson:
Based on field inspection conducted on September 25, 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 7th day of October, 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 26th day of September, 1996.
Je9nne M. Leoncini, City Clerk
Section 1103.2.4 of the 1994 Uniform Fire Code requires that cut or uncut weeds, grass,
vines and other vegetation shall be removed when determined by the Chief to be a fire
hazard. Based on Section 207, your property has been determined to be a fire hazard
because it increases or could cause an increase of the hazard or menace to fire to a
1400 FIFTH AVE., P.O. BOX 951560, SAN RAFAEL, CA 94915-1560
FACSIMILE: 415 459-2242 T.O.O.: 415 485-3198
Page Two
Mr. and Mrs. Thompson
September 26, 1996
greater degree than that customarily recognized as normal by persons in the public
service regularly engaged in preventing, suppressing or extinguishing fire. The criteria
for clean-up shall be removing the weeds and vegetation a minimum of two times the
height of the fuel away from the fence line or 30 feet away from adjacent buildings
whichever is further. All cut vegetation shall be chipped and mulched on-site or
removed.
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
(415) 485-3308.
Sincerely,
tdq Jdla4�
Battalion Chief
KEITH J. SCHOENTHAL
Fire Marshal
KJS:rlb
cc: Mayor and City Council
City Manager
Fire Chief
City Attorney
City Clerk