HomeMy WebLinkAbout2011-55 272 North State St Public Nusiance2011-17801
Recorded at the request of:
CITY OF UKIAH
Recorded at request of: 1
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OFFICIAL RECORDS
City of Ukiah Susan. M. Ranochak - Clerk-Recorder
Mendocino County, CA
When recorded, return to:
City of Ukiah
RFD
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Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
RESOLUTION NO. 2011-55
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING THE
PROPERTY LOCATED AT 272 NORTH STATE STREET A PUBLIC NUSIANCE AND ITS
INTENT TO COMMENCE ABATEMENT PROCEEDINGS PURSUANT TO UKIAH CITY CODE
SECTIONS 3300 ET SEQ.
WHEREAS,
1. The property located at 272 North State Street in the City of Ukiah and also
known as Mendocino County Assessor's Parcel Number 002-224-13 and the
dilapidated hotel building located thereon ("the Property") are and have been
for a substantial period of time a public nuisance.
2. The Property contains one dilapidated hotel structure of approximately
60,000 square feet, and consists of three stories. It was last occupied and
used approximately +20 years ago. Inspections of the property by the City
Building Official and Fire Marshal in May, 2011 have determined that the
building on the Property constitutes a public nuisance in that: (1) The
dilapidated hotel building is an abandoned unsafe structure that has
deteriorated wood, visible dry rot, broken windows, mold, deteriorated flooring
and floor supports, deteriorated ceilings and roof supports, significant on-
going water damage that is beginning to compromise the structural integrity
of the building, and the structure is not adequately protected against
unauthorized entry; (2) Because the hotel building is not secured against
unauthorized entry, trespassers have deposited garbage and trash in the
structure, which poses a threat to public health and safety; and (3) The
existing fire sprinkler system has not been properly maintained, and
emergency access key security boxes have not been provided and required
by law;
3. The conditions on the Property violate section 116 of the California Building
Code for dangerous buildings because the dilapidated hotel is unsecured
and therefore unsafe; the structure is unsanitary because of the presence of
trash, garbage, and debris, and the structure has no lighting. For all of these
reasons, the property and dilapidated hotel constitute a nuisance as defined
in Ukiah City Code section 3300 and Health and Safety Code Section 17920;
and
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4. The conditions of the property violate Sections 1.14, 3.24, and 904 of
Division 1, Title 19 of the California Code of Regulations; California Building
Code section 901.6.1; and California Fire Code section 506.1 because the
fire sprinkler system has not been adequately maintained, and emergency
access key security boxes have not been provided; and
5. A detailed letter, Notice of Substandard Building, and an order to abate the
violations, dated September 26, 2011 was sent via certified mail to the owner
of the property, and no response has been received from the property
owner; and
6. Despite efforts to gain voluntary compliance with the applicable codes and
ordinances, the property owner has failed and refused to clean up and
adequately maintain the property, repair and secure the hotel structure and
otherwise to abate the nuisance conditions on the Property; and
7. 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
8. 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
9. The dilapidated conditions on the Property constitute. a public nuisance, a
fire menace, are dangerous to human life, and the building is being broken
into by trespassers, and should be abated as further provided herein.
NOW THEREFORE BE IT RESOLVED that:
The property located at 272 North State Street (APN 002-224-13) 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.
3. The owner of the property is hereby ordered to abate the nuisance conditions
on the property by repair, rehabilitation, removal or demolition of the
conditions on the property that constitute a public nuisance, bring the
structure into compliance with all applicable statutes, regulations and
ordinances, and put the property in an orderly and clean condition that does
not create an attractive nuisance, pose a risk of injury, cause visual blight or
cause a safety hazard to the general public.
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 given to the owner as
shown on the last equalized assessment roll as provided in UCC Sections
3303-3305.
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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
law.
PASSED AND ADOPTED on December 21, 2011 by the following Roll Call Vote:
Ayes: Councilmembers Thomas, Rodin, Vice Mayor Crane, and Mayor Landis.
Noes: None.
Abstain: None.
Absent: Councilmember Baldwin.
Mary gn e Landis, Mayor
ATTEST:
4!~Anne Currie, City Clerk
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