HomeMy WebLinkAboutCC Resolution 7026 (Emergency Levee Repair)RESOLUTION NO. 7026
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL DECLARING EXISTANCE OF PUBLIC
NUISANCE UNDER EMERGENCY CONDITIONS AND CON-
FIRMING REPORT OF RECORD OF COST FOR SUMMARY
ABATEMENT FOR EMERGENCY LEVEE REPAIR ON CANAL -
WAYS PROPERTY, ASSESSOR'S PARCEL NO. 9-010-22
WHEREAS, during a severe storm on January 26, 1983, the City of
San Rafael, acting through its Public Works Director, undertook emergency
repair work to prevent the failing of a private levee on property desig-
nated as Marin County Assessor's Parcel No. 9-010-22 in East San Rafael;
and
WHEREAS, the property owner could not be immediately reached and
time was of the essence; and
WHEREAS, the existing levee was rabidly deteriorating due to an
extremely high tide and wave action caused by heavy winds; and
WHEREAS, had the levee failed, there would have been significant
property damage due to flooding on both private property and public streets
in the East San Rafael area; and
WHEREAS, in order to eliminate the potential for substantial flood-
ing in the area, the City's Public Works Director proceeded to act in the
public interest and expended the necessary funds for the emergency repair
of said levee; and
WHEREAS, the cost of said levee repair was $23,248.36, for which
the City on several occasions had requested reimbursement from the property
owner to no avail; and
WHEREAS, pursuant to Title 1, Chapter 1.20 of the Municipal Code
of the City of San Rafael, the property owner and all persons associated
with or having an interest in the above described property, were notified
of a hearing to be held before the City Council of the City of San Rafael
to ascertain whether certain conditions on said property constituted a
public nuisance and warranted emergency repair to the levee thereon, and
to receive and consider a report on the cost of repair to said levee; and
WHEREAS, the Department of Public Works has kept an accounting
of the cost to repair said levee in accordance with Section 1.20.140 of
the Municipal Code and has presented said accounting entitled "Report of
Record of Cost for Abatement" to the City Council at a hearing held this
day.
ORVAIL-71IN Al
RESOLUTION NO. 7026
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
San Rafael, after considering the report of the Public Works Director
in testimony presented, does hereby declare a public nuisance existed
on said property on January 26, 1983 and that the condition of the
levee at that time warranted emergency repair to said levee so as to
preclude the flooding of numerous private properties and public streets
should the levee have failed.
BE IT FURTHER RESOLVED, based on the evidence in the record, an
emergency existed that justified the summary abatement of the public
nuisance by the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of San
Rafael, after hearing and passing upon the "Report of Record of Cost
for Abatement", together with any objections or protests, hereby con-
firms said Report in the total amount of $23,248.36 for emergency re-
pairs to the levee on property designated as Marin County Assessor's
Parcel No. 9-010-22.
BE IT FURTHER RESOLVED that the total cost for abating such nui-
sance in the amount of $23,248.36, as so confirmed by the City Council,
shall constitute a special assessment against said property, and upon
recordation in the office of the County Recorder of a notice of lien,
as so made and confirmed, shall constitute a lien on said property
for the amount of such assessment.
BE IT FURTHER RESOLVED that after such confirmation and record-
ation, a certified copy of such decision shall be sent to the tax
division of the County Auditor -Controller to add the amounts of the
respective assessments to the next regular tax bills levied against
said property for municipal purposes, and thereafter the amounts shall
be collected at the same time and in the same manner as ordinary muni-
cipal taxes are collected, and shall be subject to the same penalties
and the same procedure under foreclosure and sale in case of delin-
quency as provided for ordinary municipal taxes; or after such record-
ation such lien may be foreclosed by judicial or other sale in the
manner and means provided by law.
- 2 -
RESOLUTION NO. 7026
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the Council of said City
on Monday, the 4th day of February, 1985, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli , Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA E M. LEONCINI, ity Clerk
- 3 -