HomeMy WebLinkAboutResolution No. 6411 (Advertising Banner Public Nuisance)RESOLUTION NO. 6411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ORDERING ABATEMENT OF PUBLIC NUISANCE
WHEREAS, Ken Schmier and Herbert Crocker were notified
that an advertising banner being displayed at the Sofabed
Conspiracy, situated in the City of San Rafael, State of
California, known and designated 811 Francisco Boulevard, more
particularly described as Marin County Assessor's Parcel
8-091-21 constitutes a public nuisance; and
WHEREAS, pursuant to Section 1.16.050 of the San Rafael
Municipal Code a hearing was duly held before the City Council
of the City of San Rafael; and
WHEREAS, said hearing was held on August 16, 1982, and
after considering the oral and written evidence presented the
Council determined that:
Ken Schmier, owner of Sofabed Conspiracy, caused an
advertising banner to be placed on the premises at 811 Francisco
Boulevard, San Rafael in violation of San Rafael Municipal Code
Section 14.12.03 B3.
WHEREAS, violations of Title 14 of the San Rafael Muni-
cipal Code are declared to be public nuisances subject to abate -
meat in Section 14.12.090; and
WHEREAS, following said hearing, Ken Schmier, agent for
the Sofabed Conspiracy, obtained a Temporary Restraining Order and
subsequently, a Preliminary Injunction from the Marin County
Superior Court, preventing City enforcement of its Sign Ordinance
as it applies to the banner on the premises of the Sofabed
Conspiracy; and
WHEREAS, said Court restraint was held to be in force
and effect until the City Council conducted a rehearing during
which sworn testimony was produced; and
WHEREAS, a rehearing was noticed to Mssrs. Crocker and
Schmier and held on October 4, 1982 before the San Rafael
City Council; and
RESOLUTION NO. 6411
WHEREAS, during said rehearing, Mssrs. Crocker and
Schmier were given the opportunity to appear and be heard and
further, the City Council heard the sworn testimony of Assistant
Code Enforcement Officer, Roy Butts, that the sign on the premises
of Sofabed Conspiracy is a banner and illegal under San Rafael
Municipal Code Section 14.12.03 B3.
WHEREAS, consistent with Section 14.12.090, the Council
declares that as an illegal banner, the banner at Sofabed
Conspiracy, 811 Francisco Boulevard, is a public nuisance subject
to abatement.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of San Rafael, pursuant to Section 1.16.050 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 Ken Schmier having charge
or control of said premises, shall abate such nuisance by
complete removal.
BE IT FURTHER RESOLVED that if Ken Schmier, having
charge or control of said premises fails to abate said public
nuisance, the City shall abate same by removal of the banner, as
authorized in Section 1.16.070, and the cost of said abatement
shall constitute a lien upon such property.
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 4th day of October
following vote, to wit:
, 1982, by the
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Miskimen
25 A/28
J M. LEO CINI,City Clerk
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