Loading...
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: 1 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 2 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 �3 3 , ATJ'ATE M. LEO CINI, City Clerk