HomeMy WebLinkAboutResolution No. 6269 (Abatement of Public Nuisance Tree)RESOLUTION NO. 6269
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RATIFYING AND ORDERING ABATEMENT OF PUBLIC NUISANCE
(Tree Removal, 67 Clark Street)
WHEREAS, pursuant to Title 1, Chapter 1.20, Sections
1.20.050, 1.20.060 and 1.20.070 of the San Rafael Municipal
Code, on December 3, 1981, City staff attempted to notify
Mr. Bernard Dulhalde that a certain condition on the premises
which he owned, situated in the City of San Rafael, and more
particularly described as Assessor's Parcel No. 12-211-36,
constitutes a public nuisance; and
WHEREAS, San Rafael City staff was unable to effect
notification upon property owner, Bernard Duhalde, in that
Mr. Duhalde was unavailable and outside of the State; and
WHEREAS, City staff determined that Mr. Duhalde main-
tained on said premises a large Monterey Pine tree maintained in
such manner that the following conditions were found to exist:
(1) Said tree was overgrown so as to cause an imminent
threat of detriment to neighboring properties
and/or property values; and.
(2) Said tree was in a dead, decayed and/or hazardous
condition and was dangerous to the public safety
and welfare, and detrimental to nearby property
and property values; and
(3) Said tree was maintained in such a condition as to
be detrimental to the public safety and was
maintained in such a manner as to constitute a
public nuisance as defined by the California
Civil Code, Section 3480; and
(4) Said tree was maintained in such a condition as to
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become so defective and in such a condition of
deterioration that same caused depreciable
diminution of the property values and/or its
surrounding properties, and/or was materially
detrimental to proximal properties and improve-
ments; and
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RESOLUTION NO. 62L_
WHEREAS, upon said determination City staff caused to
have removed said Monterey Pine tree from the premises at 67
Clark Street; and
WHEREAS, following said removal City staff caused notice
apprising him of his right to a post -abatement hearing to
be served on Mr. Duhalde upon his return to the State of California;
and
WHEREAS, pursuant to Section 1.20.090, a post -abatement
hearing was duly held before the City Council of the City of San
Rafael; and
WHEREAS, said hearing was held on March 1, 1982, and
after considering the oral and written evidence presented, the
Council determined that an emergency and nuisance condition as
set forth above did, in fact, exist; and
WHEREAS, the City Council ordered that Mr. Duhalde be
charged with the cost of abatement of the tree, but only for
those costs incurred in reducing said tree to the point where
the emergency and nuisance condition no longer existed; and
WHEREAS, said charges constituted the actual abatement
costs incurred during the afternoon of Friday, December 4, 1982,
by Fahy Tree Service and its subcontractor, in the amount of
$1817.00.
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 existed on said premises
and that because of the emergency condition there was sufficient
cause to abate same immediately.
BE IT FURTHER RESOLVED that the owner, having charge
or control of said premises, shall be charged for the cost of
abatement of said tree to the point beyond which no further
emergency or nuisance existed, in the amount of $1817.00.
BE IT FURTHER RESOLVED that in the event that the owner
of said premises shall not reimburse the City of San Rafael for
said cost of abatement, then said cost shall constitute a
special assessment against the referenced parcel of land and
shall be recorded as a lien on said property pursuant to San
Rafael Municipal Code Section 1.20.160.
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RESOLtiTION N0. 62k
I, JEANNE M. LEONCINI, City 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 15th day of March, 1982, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
21 B/1
-jtANE M. LEONCINI, City Clerk
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