HomeMy WebLinkAboutCC Resolution 9659 (370 Irwin St Abatement)RESOLUTION NO. 9 6 5 9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DECLARING CERTAIN CONSTRUCTION MATERIALS,
TRASH AND OTHER DEBRIS AND AN ILLEGAL SECOND DWELLING
UNIT ON PROPERTY LOCATED AT 370 IRWIN STREET TO
CONSTITUTE A PUBLIC NUISANCE, ORDERING CITY OFFICIALS
TO ABATE THIS NUISANCE, AND ASSESSING THE EXPENSE OF
ABATEMENT AS A LIEN AGAINST THE PROPERTY
WHEREAS, under Chapters 1.16 and 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 to assess costs of abatement as a lien
against the property; and
WHEREAS, the Code Enforcement Officers of the City of San Rafael have inspected the
premises located at 370 Irwin Street, (APN#13-152-01) and have determined that 1) an illegal
second dwelling unit exists on the property violating San Rafael Municipal Code (hereinafter
referred to as SRMC) section 14.17.120 and constituting a nuisance as stated in SRMC section
1.12.010 and 2) construction materials are stored on the property in violation of SRMC section
1.20.030 [M], [Q], and [R], (trash and debris stored on property is visible from the street), and in
violation of SRMC section 14.04.020 (contractor's yard); and
WHEREAS, notices and orders to abate this nuisance have been issued to the property
owner by City officials on May 13, 1996, and July 11, 1996 ; and
WHEREAS, as of August 5, 1996, the nuisance on the property had still not been abated
by the noticed property owner; and
WHEREAS, the City Council at its regular meeting on August 5, 1996 conducted a
public hearing concerning this nuisance after giving the property owner due notice thereof, and
listened to and reviewed all the evidence submitted in regard to this nuisance.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DOES RESOLVE AS FOLLOWS:
1. That, on the premises located at 370 Irwin Street in this City, certain construction
materials, trash and other debris exist which constitute a threat to the public health, safety and
welfare, and that such condition constitutes a public nuisance under SRMC section 1.20.030 [M],
[Q] and [R], and under SRMC section 14.04.020; and
2. That, on the premises located at 370 Irwin Street in this City, an illegal second
dwelling unit exists in violation of SRMC section 14.17.120, and that such violation constitutes a
public nuisance as stated in SRMC section 1.12.010; and
3. That all notices required under the abatement of public nuisance provisions of the
Municipal Code have been duly given to the owner of the premises; and
4. That the owner of the premises, Tirso and Maria Torres, are ordered to
immediately begin to abate the nuisances declared herein by 1) removing from the premises all
construction materials, trash and other debris, and by 2) rehabilitating the illegal second dwelling
unit by removal of all cooking facilities (stove) and associated wiring and/or plumbing, and that
the owner shall complete said abatement no later than 5:00 p.m. on August 20, 1996; and
5. That the Director of Public Works, his designee, or other responsible City official
is ordered to immediately post this Declaration of Nuisance and Abatement Order on the property
pursuant to SRMC section 1.16.060, and to give the owner of the property notice of same
pursuant to SRMC section 1.20.080; and
6. That there is sufficient cause to rehabilitate and repair the nuisance, and these
premises, the Director of Public Works, his designee, or any other responsible City official, is
hereby directed to abate this declared public nuisance on the premises at 370 Irwin Street, if the
property owner fails to do so, after the expiration of the fifteen (15) day notice period required
pursuant to Municipal Code section 1.16.060; and
7. That, after accomplishing the abatement action, if City action is required, the
responsible City official shall determine the actual cost of the abatement action and shall assess the
abated premises for said costs as a lien against the premises until paid; and
8. That the responsible City official shall compute the actual administrative cost of
this enforcement action and shall pursue the recovery of said costs pursuant to Chapter 2.50 of
the San Rafael Municipal Code.
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I, JEANNE M. LEONCIrTI, 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 held on Monday, the 5h day of August, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS:Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS: Cohen
JEJ�4
EONCINI, City Clerk
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