HomeMy WebLinkAboutCC Resolution 6823 (22 Cala Vista Slide Repair)RESOLUTION NO. 6823
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL CONFIRMING REPORT
OF RECORD OF COST FOR ABATEMENT -
SLIDE REPAIR AT 22 CALA VISTA DRIVE,
ASSESSOR'S PARCEL NO. 12-132-01
WHEREAS, pursuant to Title 1, Chapter 1.20, Sections 1.120.060,
1.120.070 and 1.120.080 of the Municipal Code of the City of San Rafael,
the property owner and all persons associated with or having an interest
in the property hereinafter described were notified certain conditions
on the property, situated in the City of San Rafael, State of California,
known and designated as 22 Cala Vista Drive, in said City, and more
particularly described as Marin County Assessor's Parcel No. 12-132-01,
constitute a public nuisance; and
WHEREAS, pursuant to Section 1.20.090 a hearing was duly held
before the City Council of San Rafael; and
WHEREAS, said hearing was held on March 21, 1983; and
WHEREAS, after considering the written evidence and sworn
testimony presented, Council determined that during the January 4, 1982
storm, the property at 22 Cala Vista Drive (Assessor's Parcel No. 12-132-
02) suffered a large landslide to the rear of the property. The slide
remained unrepaired and endangered adjacent properties and the City street
below, Reservoir Road. The homeowner was unable to make the necessary
slide repair and the financial institution holding the mortgage did not
do so either. Said landslide was of such a magnitude as to be potentially
injurious to the public health, safety and welfare and to adjacent
properties; and
WHEREAS, on April 4, 1983, pursuant to Section 1.20.110 of the
Municipal Code of the City of San Rafael and Government Code Section
38771, the City Council declared a public nuisance did exist on said
property and that there was sufficient cause to abate same; and
WHEREAS, the City Council did also direct the owner(s) of said
property to abate such nuisance by commencement of permanent slide repairs
within thirty days; and
WHEREAS, if said permanent slide repairs were not commenced within
the time specified, the Department of Public Works was authorized to
contract to have said landslide repaired; and
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WHEREAS, bids were received and a contract awarded to Valentine
Corporation on October 3, 1983; and
WHEREAS, said slide repair project was completed on February 16,
1984; and
WHEREAS, the Department of Public Works has kept an accounting of
the cost of abating said nuisance 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael, after hearing and passing upon the Report of such costs
of abatement, together with any objections or protests, hereby confirms
the Report of Record of Cost for Abatement in the total amount of
$71,130.60 for repairs to the landslide at 22 Cala Vista Drive.
BE IT FURTHER RESOLVED that the total cost for abating such
nuisance in the amount of $71,130.60, 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 recor-
dation, a certified copy of such decision shall be sent to the tax
division of the County Auditor -Controller's office, whereupon it shall
be the duty of the 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 municipal taxes are collected,
and shall be subject to the same penalties and the same procedure under
foreclosure and sale in case of delinquency as provided for ordinary
municipal taxes; or after such recordation such lien may be foreclosed by
judicial or other sale in the manner and means provided by law.
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 21st day of May, 1984, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE t1. LEONCINI City Clerk
By:
LINDA S. DOWNRY . nOTIlli-117 i 1-17 ('1 crlr