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HomeMy WebLinkAbout2011-25 292 East Gobbi St Public Nusiance..Recorded at request of: City of Ukiah When recorded, return to: City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 2011-08826 Recorded at the request of: CITY OF UKIAH 06/28/2011 04:40 PM Fee: $0 P9s: 1 of 3 OFFICIAL RECORDS Susan M. Ranochak - Clerk-Recorder Mendocino County, CA ~j 1 ~ • ~ ~'I III II 1~ III 1 RESOLUTION NO. 2011-25 RESOLUTION OF THE COUNCIL OCATEDFAT THE 2CITY OF UKIAH EAST GOBBI DECLARING THE PROPERTY STREET A PUBLIC NUSIS PURSUANT INTENT TO UKIAH CITY CODE ABATEMENT PROCEEDINGS SECTIONS 3300 ET SEQ. WHEREAS, 1. The property located at 292 East Gobbi Street in the City of Ukiah and also known as Mendocino County Assessor's Parcel Number 002-311-36 have been for a and the substantialwarehouse period building located thereon ("the Property) are and ha of time a public nuisance. contains one dilapidated warehouse structure of approximately 2. The Property 15,200 square feet, and consists of b mthe ain floo C tyr Buwith an ilding Official and numerous area. Inspections of the p p Y Y responses by the Ukiah Police Department have determined at t building an the Property constitutes a public nuisance in that: (1) warehouse The building is abandoned unsafe structure that is structurally unsound because of detterriioraated wood, visible dry rot, a broken and unsupported roof truss, a unsupported floor to ceiling- post, rotten beama is out of p lane rotten fail;flthe joists and flooring, and the mal is not weather tight, and the structure is not secure against unauthorized entry, exterior of the building is defective because of missing, Bdeteriorated, or broken ecause the warehouse wood and corrugated metal siding and roofing material have deposited building is not secured against unauthorized entry, trespassers which garbage, trash, cardboard, old beddi and 3 human January of hisryeairethe C ty pose a threat to public health and safety; Most of these calls Police have been called 55 times to respond to the Property. were for drunk and disorderly behavior, domestic violence, and general disorderly the conduct by vagrants who appeared to be temporarily occupying the building on Property. During this time, the City Fire Department has responded to two fires and two medical aid calls involving vagrants who appeared to be temporarily occupying the building on the Property, and found individuals unconscious and unresponsive, most likely due to severe alcohol intoxication; (4) On April 21, 2011, the City Police ding on the and Fire Departments responded to aaS call aa a rfoun a man in the esult of falling from the ilunsafe and Property with a severe head injury unsecured upstairs loft/mezzanine inside svetreatment andnreimansl howas spitalized and transferred to Santa Rosa for with injuries severe enough that the possibility of recovery is unknown at this, time; and 1 Resolution No. 292 East Gobbi Street Abatement 3. The conditions on the Property violate section 116 of the California Building Codes for dangerous buildings because the dilapidated warehouse is unsecured and therefore unsafe; the structure is unsanitary because of the presence of trash, garbage, debris, and human feces; and the structure has no lighting. The conditions on the property also violate Section 111.1 of the California Building Code because it is being occupied without a certificate of occupancy issued by the City Building Official. For all of these reasons, the property and dilapidated warehouse constitute a nuisance as defined in Ukiah City Code section 3300 and Health and Safety Code Section 17920; and 4. Despite repeated efforts to gain voluntary compliance with the applicable codes and ordinances, the property owner has failed and refused to clean up the Property, repair and secure the warehouse building and otherwise to abate the nuisance conditions on the Property; and 5. UCC Section 3301 authorizes the City Council to commence proceedings to abate a public nuisance by declaring the same and its intention to commence abatement proceedings; and 6. Such proceedings are authorized, whenever buildings are structurally unsafe, are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes, and which constitute a fire menace or are dangerous to human life, or are a likely resort for vagrant or dissolute persons; and 7. The conditions on the Property constitute a public nuisance, a fire menace, are dangerous to human life, are being used by vagrant and dissolute persons, and should be abated as further provided herein; 8. On Tuesday, May 17, 2011, the dilapidated warehouse was demolished into large piles of wood, metal, and concrete debris. The large piles of debris constitute a public nuisance pursuant to Ukiah City Code Section 3402 (H) and (X) because: a. The piles of debris are comprised of defective, broken, torn, cracked, and dilapidated material that is readily visible from East Gobbi Street and adjacent properties, and is unsightly so as to constitute a blighted condition detrimental tothe property values in the immediate surrounding area and is otherwise detrimental to the public welfare. b. The piles of debris are dangerous because of sharp splintered wood fragments, torn and sharp pieces of metal and large chunks of jagged concrete. c. When the building was torn down, witnesses reported seeing rats and vermin fleeing the property. The piles of debris, if not immediately removed, could harbor and provide habitat for rats and vermin. NOW THEREFORE BE IT RESOLVED that: 1. The property located at 292 East Gobbi Street (APN 002-311-36) is hereby declared to constitute a public nuisance as provided in Ukiah City Code Section 3300. 2. The City Council intends to commence proceedings under Ukiah City Code Sections 3301-3310 to abate by repair, rehabilitation, removal or demolition the conditions on the Property that constitute a public nuisance. 2 Resolution No. 292 East Gobbi Street Abatement 3. The owner of the Property is hereby ordered to Abate the nuisance conditions on the Property by removing the debris described above in compliance with all applicable statutes, regulations and ordinances and put the now vacant Property la an orderly and clean condition that does not create an attractive nuisance, pose risk of injury, cause visual blight or harbor rodents or vermin. 4. The City Clerk is hereby directed to forward a certified copy of this resolution to the County Recorder of Mendocino County for recordation. 5. Notice of hearing shall be posted on the Property and UCC given Sections 3303-330 shown on the last equalized assessment roll as provided 6. The City Council shall conduct the hearing required by law not sooner than thirty (30) days after the notices have been posted and served as required by I'aw.` PASSED AND ADOPTED on May 18, 2011 by the following Roll Call Vote: Ayes:Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin Noes: None Abstain: None Absent: None r i Mari Rodin, Mayor ATTEST Anne Currie, City Clerk 3 Resolution No. 25 292 East Gobbi Street Abatement