HomeMy WebLinkAboutResolution No. 6262 (Abatement of Public Nuisance Trees)RESOLUTION NO. 6262
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ORDERING ABATEMENT OF PUBLIC NUISANCE
WHEREAS, pursuant to Title 1, Chapter 1.20, Sections
1.20.050, 1.20.060 and 1.20.070 of the Municipal Code of the
City of San Rafael, ALBERTO R. ORSINI and MARK E. IRWIN were
notified that a certain condition on the premises which they
own, situated in the City of San Rafael, State of California,
known and designated as a vacant lot at the intersection of
Greenfield and West End Avenues in said City, and more particularly
described as Marin County Assessor's Parcel No. 12-031-26,
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 February 16, 1982,
and after considering the oral and written evidence presented
the Council determined that:
ALBERTO R. ORSINI and MARK E. IRWIN maintained on said
premises three (3) eucalyptus trees maintained in such manner
that the following conditions were found to exist: (1) said
trees are overgrown so as to cause an imminent threat of detriment
to neighboring properties and/or property values; (2) said trees
are in a dead, decayed, and/or hazardous condition and are
dangerous to the public safety and welfare and detrimental to
nearby property and property values; (3) said trees are maintained
in such a condition as to be detrimental to the public safety,
and are maintained in such a manner as to constitute a public
nuisance as defined by California Civil Code Section 3480; and
(4) said trees are maintained in such a condition as to become
so defective and in such a condition of deterioration that same
causes depreciable diminution of the property values and/or its
surrounding properties and/or are materially detrimental to
proximal properties and improvements.
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.
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BE IT FURTHER RESOLVED that the owners, having charge or
control of said premises, shall abate such nuisance by removal
or trimming of said trees as required by the City.
BE IT FURTHER RESOLVED that the owners of said premises
shall commence said abatement and/or trimming immediately upon
receipt of a copy of this resolution, and said abatement and/or
trimming shall be completed by March 15, 1982. In the event
that owners of said premises do not abate said public nuisance
within the time specified, the City shall abate same by physically
removing and/or trimming trees, as provided in Section 1.20.130.
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 1st day of March , 1982, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
21 A/18
J E M. LEONCINI, City Clerk
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