HomeMy WebLinkAboutResolution No. 6668 (Nuisance Abatement Southern Heights)RESOLUTION NO. 6668
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL ORDERING ABATEMENT
OF NUISANCE AT 216 SOUTHERN HEIGHTS
BOULEVARD, ASSESSOR'S PARCEL NO.
13-121-01
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 216 Southern Heights Boulevard, in said City,
and more particularly described as Marin County Assessor's Parcel No.
13-121-01, 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 November 7, 1983; and
WHEREAS, after considering the written evidence and sworn
testimony presented, Council determined that during the January, 1983
storms, the property at 216 Southern Heights Boulevard (Assessor's
Parcel No. 13-121-01) suffered a large landslide to the rear of the
property. This slide has remained unrepaired and endangers adjacent
properties, a City sewer line and the City street below Picnic Avenue; and
WHEREAS, City has been in contact with the property owner in an
attempt to have the slide repaired and the damage to adjacent private
properties corrected; and
WHEREAS, City has been unsuccessful in that attempt.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael, pursuant to Section 1.20.110 of the Municipal Code of the
City of San Rafael does hereby declare a public nuisance exists on said
property and that there is sufficient cause to abate same;
BE IT FURTHER RESOLVED that the Owner(s) having charge of control
of said property shall abate such nuisance by commencement of permanent
repairs to said landslide within sixty (60) calendar days of receipt of
this resolution. An extension of time may be granted by the Department
of Public Works due to inclement weather.
J�L
F.ESOLUTION NO. 6668
BE IT FURTHER RESOLVED that if said permanent repairs have
not been commenced within the time specified above and if all record
owners of an interest in the property have not granted the City a
right of entry to abate the nuisance and consented to the subsequent
lien of the property for that purpose, then the City Attorney is
authorized and directed to file the appropriate legal action to confirm
this abatement order, and as soon as possible thereafter the Department
of Public Works shall be authorized to obtain a soils report and plan
for the repair of said landslide and to contract to have said landslide
repaired.
BE IT FURTHER RESOLVED that the Department of Public Works
shall keep an accounting of the cost of abating said nuisance in
accordance with Section 1.20.140 of said Municipal Code. The total
cost of abating said nuisance shall constitute a lien on said property
to the amount of said cost in accordance with Section 1.20.160 of the
Municipal Code and Government Code Section 38773.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to record this resolution in the office of the Marin County Recorder.
I, JEANNE 11. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing was duly and regularly introduced and adopted
at a regular meeting of the County of said City on Monday , the
seventh
to wit:
AYES:
day of November , 1983, by the following vote,
COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
50M
ri. LEONCINY`, City Cler