HomeMy WebLinkAbout2001-19RESOLUTION NO. 2001-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
DECLARING A NUISANCE AT 190 RUPE STREET,
ORDERING ABATEMENT OF SAME
AND APPROVING FINDINGS IN SUPPORT THEREOF
WHEREAS,
1. On September 6, 2000, the City Council conducted a public hearing under the
provisions of Ukiah Municipal Code ("UMC") Section 3306 and under Health and Safety Code
Section 17980 and 25 California Code of Regulations ("CCR") Section 62; and
2. The hearing was conducted to determine whether the buildings located at 190 Rupe
Street and also known as Mendocino County Assessor's Parcel Number 03-140-01 ("the property")
should be declared unsafe and a nuisance and the conditions abated by demolition, repair, or
securement (former C.H.P. building); and
3. Forty-seven (47) days advance written notice of the hearing was given to the owner
of the property by personal service, the beneficiaries under deeds of trust to the property by
certified mail, and by posting a notice on each building; and
4. The City Council received evidence and provided an opportunity for all interested
parties to confront and cross-examine the evidence presented and to present evidence and
argument; and
5. After considering the evidence and argument of the Code Enforcement Officer,
Planning Director/Building Official, Property Owner, and all interested parties, the City Council
makes the following findings and decision;
NOW, THEREFORE BE IT RESOLVED as follows:
1. The City Council finds that:
a. Catherine Golden ("owner") of 417 Oak Park Avenue, Ukiah owns the property
(APN 003-140-01), which contains three detached buildings depicted on the attached Exhibit A.
In March, 2000 and again in May, 2000, the Code Enforcement Officer and other responsible City
staff members inspected the property and documented with photographs the condition of each
structure on the property. Based on its review of the photographs, the testimony of the Code
Enforcement Officer and other City staff members, as well as the testimony of the property owner,
the City Council has 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 and trash, with human feces and
waste all over the interior walls, floors, and inoperable plumbing; 2) the former Foster Freeze
Building at the west property line is extremely dilapidated and unsecured with evidence of
unauthorized use by humans, and contains unsanitary trash and debris. The building has exterior
stucco that is significantly deteriorated, and a roof system that is failing; and 3) the former C.E.D.
Building on the north property line is unsecured and contains evidence of unauthorized use by
Resolution No. 2001-19
Page 1 of 2
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.
b. Garbage, trash, cardboard, old bedding, broken furniture, glass, clothing, junk,
and inoperable vehicles have been allowed to accumulate on the property;
c. The conditions on the property violate provisions of the Uniform Code for
Abatement of Dangerous Buildings, Uniform Building Code, the Ukiah City Code, and the State
Health and Safety Code;
d. The property owner has failed and refused to clean up the property and repair
the buildings thereon, despite repeated efforts to gain voluntary abatement of the conditions
creating the nuisance and compliance with the applicable codes and ordinances;
2. Based on the foregoing findings, the City Council hereby:
a. Declares all of the structures located on the property to constitute a public
nuisance and a violation of the above-referenced codes;
b. Orders the Public Works Director to abate or contract for the abatement of the
nuisance associated with the former Foster Freeze and C.E.D. Buildings by demolition of the
buildings and removal of all the trash and debris from the property, if the owner has failed to abate
said conditions by demolition or repair within thirty (30) days after this Resolution is posted on the
property; and
c. Orders the Public Works Director to abate or contract for the abatement of the
nuisance associated with the former C.H.P. building by securing the structure to preclude
unauthorized use by the public, and removal of all the trash and debris from the property, if the
owner has failed to abate said conditions by demolition, repair, or securement within thirty (30)
days after this Resolution is posted on the property; and
d. Directs the Public Works Director to keep an account of the cost of abating the
nuisance (including incidental expenses) and render an itemized report to the City Council in
accordance with the procedures contained in UMC Sections 3308-3310 and 25 CCR Section 70.
PASSED AND ADOPTED on September 6. 2000 by the following roll call vote:
AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Marie Ulvila, City Clerk
tin, M~yor
Resolution No. 2001-19
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September 6, 2000, and shall remain in effect until further amended by resolution of the
City Council.
PASSED AND ADOPTED this 6th day of September 2000, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Marie Ulvila, City Clerk
Jim Mastin, Mayor
Resolution No, 2000-
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