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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 04 3_1111 U11 M ME 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 - 1 - 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. - 2 - 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 - 3 -