HomeMy WebLinkAboutCC Resolution 9555 (527 Bret Harte Road Abatement)RESOLUTION NO. 9555
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DECLARING CERTAIN VEHICLES TO BE PARKED IN VIOLATION OF
SRMC SECTION 14.16.250 ON PROPERTY LOCATED AT 527 BRET
HARTE ROAD TO CONSTITUTE A PUBLIC NUISANCE, ORDERING CITY
OFFICIALS TO ABATE THIS NUISANCE, AND ASSESSING THE
EXPENSE OF ABATEMENT AS A LIEN AGAINST THE PROPERTY
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, and to order abatement
of said nuisance and to assess costs of abatement as a lien against
the property; and
WHEREAS, the Code Enforcement Officer of the City of San
Rafael has inspected the premises located at 527 Bret Harte Road
and has determined that two flat-bed trucks, not owned by a
resident on the property, are parked on the property in the rear
yard on an unpaved surface in violation of San Rafael Municipal
Code sections 14.16.250 and 1.20.030(V); and
WHEREAS, notices and orders to abate this nuisance have been
issued to the property owner by City Officials on November 13, 1995
and November 30, 1995; and
WHEREAS, as of December 22, 1995, the nuisance on the property
had still not been abated; and
WHEREAS, the City Council at its regular meeting on February
5, 1996 conducted a public hearing concerning this nuisance and
listened to and reviewed all the evidence submitted in regard to
this nuisance; and
WHEREAS, the City Council, at the conclusion of the public
hearing on February 5, 1996, made the findings and orders specified
hereafter, including the order that the public nuisance hereinafter
described be abated by February 20, 1996, and directed staff to
bring back a revised Resolution for adoption by the City Council at
its meeting on February 20, 1996, incorporating such findings and
orders.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE AS FOLLOWS:
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1. That, on the premises located at 527 Bret Harte Road in
this City, certain flat-bed trucks in the rear yard exist which are
not parked on a paved surface and not owned by a resident
constituting a violation of San Rafael Municipal Code section
14.16.250 and as such, constituting a public nuisance under San
Rafael Municipal Code section 1.20.030(V).
2. That all notices required under the abatement of public
nuisance provisions on the Municipal Code have been duly given to
the owner of the premises.
3. That the owner of the premises located at 527 Bret Harte
Road is directed to complete abatement by February 20, 1996.
4. That the Acting City Manager, or such other responsible
City Official designated by her, 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.
5. 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.
6. That, after accomplishing any abatement of the public
nuisance, the responsible City official shall determine the actual
cost of the abatement action 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 law.
7. That the responsible City official shall compute the
actual administrative cost of this enforcement action and shall
pursue the recovery of said costs pursuant to Chapter 2.50 of the
San Rafael Municipal Code.
8. That the Acting City Manager, or such other responsible
City official as designated by her, is directed to post a copy of
this Resolution on the aforementioned premises, and serve a copy of
same on the owner of the premises by mail, in the manner provided
by San Rafael Municipal Code section 1.20.030.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby
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certify that the foregoing Resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City held on Tuesday, the 20th day of February, 1996 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Cohen
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ATJ'ATE M. LEO CINI, City Clerk