HomeMy WebLinkAboutCC Resolution 9447 (Abatement Assessment)RESOLUTION NO. 9447
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DECLARING CERTAIN OVERGROWN WEEDS AND BRUSH ON PROPERTY
LOCATED AT 10 LINDENWOOD COURT 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 1.16 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 costs of abatement as a lien against
the property; and
WHEREAS, the Code Enforcement Officer and the Fire Marshal of
the City of San Rafael have inspected the premises located at 10
Lindenwood Court and have determined that overgrown weeds and brush
exist on the property which constitutes a fire hazard to the
surrounding properties; and
WHEREAS, notices and orders to abate this nuisance have been
issued to the property owner by City officials on May 19, 1995,
July 20, 1995, and August 22, 1995; and
WHEREAS, as of August 28, 1995, the nuisance on the property
had still not been abated; and
WHEREAS, the City Council at its regular meeting on September
5, 1995 conducted a public hearing concerning this nuisance and
listened to and reviewed all the evidence submitted in regard to
this nuisance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE AS FOLLOWS:
1. That, on the premises located at 10 Lindenwood Court in
this City, certain overgrown weeds and brush exist which constitute
a threat to the public health, safety and welfare, and that such
condition constitutes a public nuisance as defined in Chapter 1.16
of the San Rafael Municipal Code; and
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; and,
3. That the Director of Public Works or the Fire Chief,
their designees or other responsible City official, is hereby
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directed to abate the declared public nuisance on the premises at
10 Lindenwood Court, at the end of the fifteen day notice period
required pursuant to Municipal Code section 1.16.060; and,
4. That, after accomplishing the abatement action, 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 until paid; and
5. 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.
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 Council of said
City held on Tuesday, the 5th day of September, 1995, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
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JE1�E M�. LEON INI, City Clerk