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HomeMy WebLinkAboutResolution No. 5425RESOLUTION NO. 5425 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT OF PUBLIC NUISANCE WHEREAS, pursuant to Title 1, Chapter 1.16, Section 1.16.030 and 1.16.040 of the Municipal Code of the City of San Rafael, JACK R. HENDRICKSON and MARY A. MAYER were notified a certain condition on the premises which they own, situated in the City of San Rafael, State of California, known and designated as 42 Miramar Avenue in said City, and more particularly described as Marin County Assessor's Parcel No. 12-141-15, constitutes a public nuisance; and WHEREAS, pursuant to Section 1.16.050 a hearing was duly held before the City Council of the City of San Rafael; and WHEREAS, said hearing was held on March 6, 1978, and after considering the oral and written evidence presented the Council determined that: JACK R. HENDRICKSON and MARY A. MAYER constructed a fence which encroaches into the street right-of-way to the extent that it is creating a sight distance problem at the intersection of Miramar Avenue and Miraflores Avenue, and must be removed or relocated to insure the safety of the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, pursuant to Section 1.16.050 does hereby declare a public nuisance exists in the street right-of-way adjacent to said premises and that there is sufficient cause to abate same. BE IT FURTHER RESOLVED that the Owner(s) having charge or control of said premises shall abate such nuisance by removal or relocation of said fence to a position which has been approved by the City. BE IT FURTHER RESOLVED that the Owner(s) of said premises shall commence abatement immediately upon receipt of a copy of this Resolution, and abatement shall be completed by March 13, 1978. In 1. OMGiNAL r the event the Owner(s) of said premises do not abate said public nuisance within the time specified, the City shall abate same by physically removing the fence, as provided in Chapter 1.16. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 6th day of March, 1978, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini 2.