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HomeMy WebLinkAboutResolution No. 6669 (Nuisance Abatement Picnic Avenue)RESOLUTION NO. 6669 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT OF NUISANCE AT 225 PICNIC AVENUE, ASSESSOR'S PARCEL NO. 13-101-07 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 at 225 Picnic Avenue, in said City, and more parti- cularly described as Marin County Assessor's Parcel No. 13-101-07, 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 testimony presented, Council determined that an abandoned building existing on the property at 225 Picnic Avenue (Assessor's Parcel No. 13-101-07) has been vacant for many years and is in a delapidated state. The rear of this building was further damaged by a small landslide. The structure has, from time to time, been a gathering place for vagrants and the neighbor- hood children. Said structure creates a hazard potentially injurious to the health, safety and welfare of the public and to adjacent properties. 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 therii 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 repairing or demolishing said building within thirty (30) calendar days of receipt of this resolution. 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 demolish or contract to have demolished said buildiA R', � A L RESOLUTION NO. 6669 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 for the amount of said cost in accordance with Section 1.20.160 of said 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 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 7th day of November, 1983, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J M. LEONCINI, City Clerk