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HomeMy WebLinkAboutCC Reso 2023-33 - Declaring 725 Porzio Lane a Public Nusiance RESOLUTION NO. 2023-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING THE PROPERTY LOCATED AT 725 PORZIO LANE 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 725 Porzio Lane in the City of Ukiah and also known as Mendocino County Assessor's Parcel Number 003-040-66-00 and the dilapidated residence located thereon ("the Property") are and have been for a substantial period of time a public nuisance; and 2. The Property contains one dilapidated residence of approximately 1,000 square feet, and consists of one story. It is unknown when the building was last occupied and used, but the building was unoccupied two (2) years ago when the City Building Official staff red-tagged the building due to the fact that persons had illegally tapped into the building's electrical system to power personal devices and appliances. Inspections of the property by the City Building Official and Code Enforcement Officer in May, 2023 have determined that the building on the Property constitutes a public nuisance in that: (1) The dilapidated residence 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, sections of collapsed roof, significant ongoing water damage that is beginning to compromise the structural integrity of the building, and fire damage from arson fires; (2) while the residence is currently secured against unauthorized entry through the use of boards on the building entry points and fencing around the Property, trespassers have deposited garbage and trash in the structure that has not yet been removed, which poses a threat to public health and safety; and (3) prior to the Code Enforcement Officer securing the Property, the Property was a known fire hazard due to frequent arson fires set by trespassers, as well as unsafe and unpermitted use of the Property's electrical system; and 3. The conditions on the Property violate Section 116 of the California Building Code for dangerous buildings because the dilapidated residence 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 residence constitute a nuisance as defined in Ukiah City Code section 3300 and Health and Safety Code Section 17920; and 4. A detailed letter, Notice of Substandard Building, and an order to abate the violations, dated January 13, 2023 was sent via certified mail to the last known owner of the Property and posted onsite, and no response has been received from the property owner; and 5. A second notice was sent via certified mail and posted on March 22, 2023, and legal notice seeking to establish the legal owner(s) of the Property was duly published in the Ukiah Daily Journal on May 1, 2023, and no response to either notice was received from any 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 residence and otherwise to abate the nuisance conditions on the Property; and 7. On information and belief, the City Building Official and Code Enforcement Officer have determined that it is likely that both the last known owner and her next of kin are deceased, and no heirs or assigns have responded to the published notices; and 1 8. 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 9. Such proceedings are authorized, whenever buildings are structurally unsafe, are partially destroyed b fire, or are dilapidated from old age, neglect, decay or other causes, and which constitute a fire menace are dangerous to human life, or are a likely resort for vagrant or dissolute persons; and 10. The dilapidated conditions on the Property constitute. a public nuisance, a fire menace, are dangerous to human life, and the building was frequently broken into by trespassers prior to being secured, and should be abated as further provided herein. NOW,THEREFORE, BE IT RESOLVED that: 1. The property located at 725 Porzio Lane (APN 003-040-66-00) is hereby declared to constitute a public nuisance as provided in Ukiah City Code § 3300. 2. The City Council intends to commence proceedings under Ukiah City Code §§ 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 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 §§ 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 20th day of September, 2023, by the following roll call vote: AYES: Councilmembers Orozco, Sher, and Mayor Rodin NOES: None ABSENT: Councilmember Crane and Vice Mayor Duenas ABSTAIN: None Mari Rodin, mayor ATTEST: Kristine Lawler, City Clerk 2