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HomeMy WebLinkAboutResolution No. 6321 (11 Lindenwood Court Public Nuisance)RESOLUTION NO. 6321 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT OF PUBLIC NUISANCE (11 Lindenwood Court) WHEREAS, J. R. Ghadiri was notified that the condition of the premises which he owns, situated in the City of San Rafael, State of California, known and designated as 11 Lindenwood Court, and more particularly described as Marin County Assessor's Parcel No. 185-161-12 constitutes a public nuisance; and WHEREAS, pursuant to Section 1.20.090 a hearing was duly held before the City Council of the City of San Rafael; and WHEREAS, said hearing was held on May 17, 1982, and after considering the oral and written evidence presented the Council determined that: J. R. GHADIRI has allowed his premises at 11 Lindenwood Court to remain in an uninhabitable and delapidated state since incurring severe structural damage during the storm of January 4, 1982, such that the following conditions exist: (1) The premises have no power, water or sewage facil- ities and are thus uninhabitable. Because of its uninhabitable state, children and teenagers frequent the premises for evening and late -hour parties and rendezvous, often using matches and candles to illuminate the premises, thus inviting trespass and malicious mischief and comprising attractive nuisance. (2) The premises, with debris, personal property, garbage and trash present high fire hazards which are exacerbated by the candles and matches of the youths who frequent the premises. (3) The premises are unsightly in appearance and have remained so since January 4, 1982. (4) The premises are detrimental to nearby property and property values. (5) The premises are in such condition as to be detri- mental to the public health, safety and general welfare and hence a nuisance as defined by Civil Code Section 3480. OTDIPMN AAL I -1k 1�_3 - 1 - RESOLUTION NO. 6321 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, pursuant to Section 1.20.110 does hereby declare that a public nuisance exists on said premises and that 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 the following measures: 1. Securing the house from intruders, trespassers and others not invited upon the premises and posting the premises, advising against trespassing. 2. Show proof to the Director of Public Works of an executed contract for performance of the following: a. Removing the debris from within and around the house. b. Shoring up the suspended portion of the roof contemporaneously with debris removal to prevent roof collapse of the suspended portion. c. Repairing and restoring the premises to a habitable condition. 3. Obtain repair permit for a through c above. BE IT FURTHER RESOLVED that the owner of said premises shall commence said abatement of securing the premises immediately upon receipt of a copy of this resolution, and shall complete said securing measures within one (1) day thereafter. Those remaining abatement measures, as enumerated above, shall be completed within thirty (30) days after receipt of this resolution. In the event that the owner of said premises does not abate said public nuisance within the time specified, the City shall abate same by physically removing the debris and unsafe structural portions, as provided in Section 1.20.130. - 2 - RESOLUTION NO. � 21 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 June , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 21 B/16 I r JEANNE M. LEONCINI, City Clerk - 3 -