HomeMy WebLinkAboutCC Resolution 9782 (657 Fifth Ave Abatement)RESOLUTION NO. 9782
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DECLARING CERTAIN DUMPING, BURYING,
ACCUMULATION AND MAINTENANCE OF FOOD AND YARD
WASTE, DEBRIS, TRASH, GARBAGE, AND OTHER SOLID WASTE
ON THE PROPERTY LOCATED AT 657 FIFTH AVENUE (AP No. 14-
084-13)TO CONSTITUTE A PUBLIC NUISANCE, ORDERING THE
PROPERTY OWNERS TO ABATE THE EXISTING NUISANCE WITHIN
15 DAYS AND TO CEASE AND DESIST FROM ANY FUTURE SUCH
NUISANCE ACTIVITIES, DIRECTING CITY OFFICIALS TO ABATE
THE NUISANCE IF THE OWNERS FAIL TO DO SO DURING THE
ABATEMENT PERIOD, DIRECTING THE ASSESSMENT OF THE
CITY'S ABATEMENT COSTS AS A LIEN AGAINST THE PROPERTY,
DIRECTING THE RECOVERY OF SUCH ABATEMENT COSTS AS
TAXES, AND AUTHORIZING THE RECOVERY OF ADMINISTRATIVE
ABATEMENT COSTS.
WHEREAS, under Chapter 1.20 of the San Rafael Municipal Code, the City Council of
the City of San Rafael is empowered to declare a public nuisance after notice and hearing, and to
order abatement of said nuisance and assess the City's abatement costs as a lien against the
property on which the nuisance is abated; and
WHEREAS, the Code Enforcement Officer of the City and the County Health Officer,
acting on behalf of the City, have testified that they have inspected the residential and
commercial property located at 637 Fifth Avenue (AP No. 14-084-13), and have testified and
produced evidence as to the accumulation, dumping and maintenance of food and yard waste,
debris, trash, garbage, and other solid waste in the yard areas of such property, in violation of
San Rafael Municipal Code Sections 9.19.040, 9.19.050 and 9.19.060, some of which waste and
debris is visible from public streets, in violation of SRMC Section 1.20.030(M), and some of
which waste and debris is likely to provide a harborage area for rodents or vectors, in violation of
SRMC Section 9.12.030; and
WHEREAS, two or more occupants or invitees of neighboring businesses have testified
or presented declarations, under penalty of perjury, that they have observed one of the property
owners bringing food waste, yard waste, and garbage on to the property, dumping such waste on
the property, and burying some of this waste in various locations on the property, in violation of
SRMC Section 9.19.040, 9.19.050 and 9.19.060; and
WHEREAS, two or more occupants and invitees of neighboring businesses have
testified or presented declarations, under penalty of perjury, that they have observed rats within
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the last month on the property in the areas where the property owner has accumulated and
dumped food waste, yard waste and other debris; and
WHEREAS, notices of this public hearing to determine the existence of a public
nuisance have been served on the property owners and posted on the property in accordance with
SRMC Section 1.20.070; and
WHERAS, the City Council, at its regular meeting on January 21, 1997, conducted the
noticed public hearing concerning the existence of a public nuisance, and listened to and
reviewed all the evidence submitted in regard to such a nuisance; and
WHEREAS, evidence has been presented that as of the date of this public hearing the
conditions constituting the aforementioned Code violations have not been abated.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE AS FOLLOWS:
1. That all notices required under the abatement of public nuisance provisions of the
San Rafael Municipal Code have been duly given to the owners of the property located at 637
Fifth Avenue (AP No. 14-084-13).
2. That on the property located at 637 Fifth Avenue in this City there exists an
accumulation, dumping, burying, and maintenance of food and yard waste, debris, trash, garbage,
and other solid waste, in violation of San Rafael Municipal Code Sections 9.19.040, 9.19.050
and 9.19.060, which constitutes a public nuisance under SRMC Section 1.12.010 and 1.20.010.
3. That on the property located at 637 Fifth Avenue in this City there exists waste
and debris which is visible from public streets, in violation of SRMC Section 1.20.030(M),
which constitutes a public nuisance under SRMC Section 1. 12.010 and 1.20.010.
4. That on the property located at 637 Fifth Avenue in this City there exists waste
and debris which is likely to provide a harborage area for rodents or vectors, in violation of
SRMC Section 9.12.030, which constitutes a public nuisance under SRMC Section 1. 12.010 and
1.20.010.
5. That the owners of the property located at 637 Fifth Avenue in this City are
ordered to abate said public nuisance on or before February 5, 1997, by doing all of the
following:
(i) Remove all food wastes, yard waste, and other solid waste from the property,
and arrange for disposal of such waste at an approved disposal facility;
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(ii) Remove all boxes, discarded household items, trash and other debris from the
areas of the property that are visible from the public streets, and arrange for
disposal of such waste and debris at an approved disposal facility;
(iii) Remove or rearrange and stack the lumber in the rear yard parking area so
that it ceases to be a harborage area for rodents, rats and mice.
(iv) Remove or empty the buckets and containers containing standing water in the
front and side yards, so that they cease to be a breeding place for mosquitoes.
6. That the owners of the property located at 637 Fifth Avenue in this City are
further ordered to cease and desist from bringing any further food waste, yard waste, garbage, or
other solid waste on to the property, and further accumulating, dumping or burying such waste
on the property.
7. That the City Manager, or other responsible City Official designated by him, is
hereby directed to abate the declared public nuisances if such abatement has not been completed
by the owner of the premises by the end of the aforementioned abatement period.
8. That the City Attorney is authorized to initiate inspection and abatement warrant
proceedings, civil actions, or other appropriate proceedings, if the public nuisance has not been
abated by the end of the aforementioned period.
9. That the responsible City official, after abating any of the declared public
nuisance not completed by the property owners, shall determine the actual cost of the abatement
and shall assess the abated premises for said costs as a lien against the premises and collect such
costs along with other taxes, in the manner provided by law.
10. That the responsible City official is authorized to compute the actual
administrative costs of any enforcement actions and proceedings to abate the declared public
nuisance, and to pursue the recovery of said costs to the full extent permitted by Chapter 2.50 of
the San Rafael Municipal Code.
11. That the City Manager, or other responsible City Official as designated by him, is
directed to post a copy of this Resolution on the aforementioned property, and serve a copy of
same on the owners of the property in the manner provided by San Rafael Municipal Code
Section 1.20.030.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that this
resolution was duly and regularly introduced and adopted at a regular meeting of said City
Council held on the 2151 day of January, 1997, by the following vote, to wit:
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AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JEAWE M. LEONCNI, City Clerk