HomeMy WebLinkAbout2001-02Recorded at request of:
City of Ukiah
When recorded, return to:
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA. 95482
RESOLUTION N0.2001-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH DECLARING THE PROPERTY LOCATED AT 190
RUPE STREET A PUBLIC NUISANCE AND ITS INTENT
TO COMMENCE ABATEMENT PROCEEDINGS PURSUANT TO
UKIAH CITY CODE SECTIONS 3300 ET SEQ.
WHEREAS,
1. The property located at 190 Rupe Street in the City of
Ukiah and also known as Mendocino County Assessor's Parcel Number
003-140-01 and the buildings and structures located thereon ("the
Property") are and have been for a substantial period of time a
public nuisance.
2. The Property contains 3 detached commercial buildings.
Inspections of the Property by the Building Inspector and numerous
responses by the Ukiah Police Department have determined that each
of the buildings on the Property constitutes a public nuisance in
that: (1) the C.H.P. Building on the southwest corner of the
Property is unsecured and is being used by apparent trespassers,
and contains garbage, trash, cardboard, old bedding and furniture
with human feces and waste all over interior walls, floors and
inoperative plumbing; (2) the former Foster Freeze Building at the
west property line is unsecured.with evidence of unauthorized use
by humans, containing trash and debris. The building is in a
dilapidated condition, exterior stucco is deteriorating, separating
from vertical supports and has completely fallen away from the
building in certain areas. The roof system lacks sufficient
strength, stability and is partially dislodged from the building
and in danger of imminent collapse; and (3) the former C.E.D.
Building on the north property line is unsecured and contains
evidence of unauthorized use by humans. Portions of the south and
east exterior walls are deteriorated, decayed, buckled, leaning,
lack sufficient strength or stability and are likely to become
dislodged or detached. Interior heating units suspended from the
ceilings are separating from their support system and are likely to
fall. The exterior of the Property is cluttered with trash and
debris, including garbage, cardboard, glass, clothing, shopping
carts and inoperative vehicles.
3. The conditions on the property violate sections 202, 203,
and 302 of the 1998 Uniform Code for Abatement of Dangerous
Buildings; sections 102, 104, and 3402 of the 1998 Uniform Building
Code and constitute a nuisance as defined in Ukiah City Code
Section 3300 and Health and Safety Code Section 17920. The uniform
codes have been adopted in Ukiah by Ukiah City Code Section 3000.
4. The property owner has failed and refused to clean up the
property and repair the buildings located thereon or the grounds
surrounding said buildings, despite repeated efforts to gain
voluntary abatement of the conditions creating the nuisance and
compliance with the applicable codes and ordinances; 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;
NOW, THEREFORE, BE IT RESOLVED that:
1. The Property is hereby declared to constitute a public
nuisance as provided in UCC Section 3300.
2. The City Council intends to commence proceedings under UCC
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 repair each
building as previously described to fully comply with all
applicable codes and ordinances or remove or demolish said
buildings.
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.
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 this 5th day of July, 2000, by the following
roll call vote:
AYES: Smith, Libby, Baldwin, AshikU, Mastin
NOES:
ABSENT:
ATTEST:
Marie Ulvila, City Clerk