HomeMy WebLinkAboutResolution No. 6503 (Abatement of Landslide Nuisance)" T~H~ :=:;J' l.~.~ CC;'~rH'~t~tS
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RESOLUTION NO. G503
RESOLUTION OF TIlE CITY COUNCIL OF TIlE
CITY OF SAN RAFAEL OHDERING l\I3ATmmNT
OF NUISANCE AT 22 CALA VISTA DRIVE,
ASSESSOR'S PARCEL lW. 12-132-01
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WfEREAS, pursuant to Title 1, Chapter 1.2 0 , Sec tions 1.120.060,
1.120.070 and 1.120.080 of the Nurncipal Code of the City of San Rafael,
the property oVlner and all persons associated with or having an interest
in the property hereinafter described were notified certain conditions
on the property, situated in the City of San Rafael, State of California,
k nmvn and desilJ II clLeu.:ls 22 Cal'-1 Vi.sLa Dri.ve, in si1icl City, and more part-
icularly described as Marin County l\ssessor's Parcel 110. 12-132-01,
constitute a public nuisance; and
WHEREl\S, pursuant to Section 1.20.090 a hearing was duly held
before the City Council of San Rafael; and
\-nIEREAS, said hearing \~'as held on r·l.:lrch 21, 1983 j and
WHEREAS, after considering the written evidence and sworn
testimony presented, Council determined that during the January 4, 1982
storm, the property at 22 Cala Vista Drive (Assessor's Parcel No. 12-132-
01) suffered a large landslide to the rear 6f the property. This slide has
re@ained unrepaired and endangers adjacent properties and the City street
below, Reservoir Road. The homeowner is l1l1ilble to Inilke the neccssary
slide repair estimated to cost in excess of $50,000 and it now appears
that the financial institution holding the mortgage will not do so
either. Said landslide is of such a magnitude as to be potentially in-
jurious to the p ublic health, safety and welfare and to adjacent proper-
ties.
NOH, 'l'IJEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael, pursuant to Section 1.20.110 o f the Municipal Code of the
City of San Rafael and Government Code Section 3D771 does hereby declare
a public nuisance exists on said property and that there is sufficient
cause to abate same;
BE IT fUR'::.'III:R RESOLVED Lha t t he OWi1C r (s) having charge of con trol
of said rroperty shall abate such nuisance by commencement of perr.1 a nent
repairs to said landslide within thirty (30 ) calendar days of receipt
of this resolution .
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RESOLUTION NO. 6503
BE IT FURTIIER RESOLVED that if said permanent repairs have not
been commenced within the time specified above, the Department of Public
\~orks shall be authorized to obtain a fin a l soil~ report and plan for
the repair of said landslide and to contract to have said landslide
repaired.
BE IT FUR7IIER RESOLVED that the Department of Public Works shall
keep an accounting of the cost of abating said nuisance in accordance
with Section 1.20.140 of said Municipal Code. The total cost of abating
said nuisance shall constitute a lien on said property for the amount
of said cost in accordance with Section 1.20.160 of said Municipal Code
and Government Code Section 38773.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to record this resolution in the office of the Marin County Recorder.
I, JEl\NNE H. Lr::ONCINI, 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 4th day of l\pril, 1983, by the following vote, to wit:
l\YES: COUNCILMEMBERS:Breiner, Frugoli , Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSEHT: COUlJCILMEMBERS:None
LEONCINI, Clerk