HomeMy WebLinkAboutCC Resolution 7217 (Public Nuisance Abatement)RESOLUTION NO. 7217
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ORDERING ABATEMENT OF PUBLIC NUISANCE
20 Ida Street
WHEREAS, John R. Dawe, owner of property known as
20 Ida Street, AP 11-232-08, constructed or caused to be constructed
additional living units in the basement area of the above property;
and
WHEREAS, the property is zoned C-2 (General Commercial)
and Section 14.44 of the San Rafael Zoning Ordinance requires
a use permit for the addition of any living units; and
WHEREAS, Mr. Dawe failed to obtain said use permits;
and
WHEREAS, such unauthorized conversion of a single
family dwelling into a fourplex without obtaining the required
relevant City approvals and permits is a violation of Section
14.76.010 of the San Rafael Zoning Ordinance which states that
"Zoning permits shall be required for all buildings and structures
erected, constructed, altered, repaired or moved within or
into any district established by this title"; and
WHEREAS, any conversion of a single family dwelling
unit into a fourplex requires building permits per Chapter
12.12 of the San Rafael Municipal Code; and
WHEREAS, Mr. Dawe failed to obtain said building
permits; and
WHEREAS, such unauthorized conversion of a single
family dwelling into a fourplex without obtaining the required
building permits is a violation of Section 301(a) of the 1979
Uniform Building Code which states that "it shall be unlawful
for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish any
building or structure regulated by this code, or cause the
same to be done without first obtaining a separate permit for
each building or structure from the Building official; and
WHEREAS, the substandard conditions exist at the
illegal units in violation of the provisions of San Rafael
Municipal Code Section 12.12.010 and Section 503 of the Uniform
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RESOLUTION NO. 7217
Housing Code in that the ceiling height range of 6 feet 7 inches
and 6 feet 8 and 3/4 inches is below the minimum required 7
feet 6 inches; and
WHEREAS, the substandard condition of one of the
living units violates the provisions of San Rafael Municipal
Code Section 12.12.010 and Section 503B of the Uniform Housing
Code in that efficiency living units must have a minimum of
220 square feet. One unit has only 203 square feet of living
space; and
WHEREAS, Section 14.96.020 of the San Rafael Municipal
Code declares violations of Title 14 of the San Rafael Municipal
Code to be a public nuisance and subject to abatement.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of San Rafael, pursuant to Section 1.16.010, does
hereby declare that a public nuisance exists on said premises
at 20 Ida Street, AP 11-232-08, in that no City approvals or
permits were obtained for the fourplex conversion, the ceiling
heights are less than minimum standard, and there is sufficient
cause to abate same.
BE IT FURTHER RESOLVED that the owner having charge
or control of said premises shall abate such nuisance by complete
removal of all cooking facilities located within the three
unauthorized basement units and removal of the persons occupying
said unauthorized units by June 1, 1986 and the City Attorney
is hereby authorized to commence legal action against the owner
of said premises should said owner fail to comply with this
abatement order within the time limits specified.
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 on Monday, the 4th day of November ,
1985, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulrya
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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