HomeMy WebLinkAbout95-26RESOLUTION NO. 95-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH DECLARING THE PROPERTY LOCATED AT 273
CLAY 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 273 East Clay Street in the City
of Ukiah and also known as Mendocino County Assessor's Parcel
Number 002-281-04 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 10 detached buildings used as
dwelling units, each of which is currently rented, except for two
which the property owner as applied to demolish. The owner has
also applied to demolish a storage unit located on the Property.
Inspections of the Property by the Building Official, Pire
Marshall, and Code Enforcement Officer have determined that each of
the buildings on the Property constitute a public nuisance in that
the foundations are deteriorated and unstable, floors and floor
supports have buckled and are dangerous and inadequate, rooves are
in poor condition and are leaking, ceiling members are sagging,
split and buckled, walls are improperly supported causing them to
lean or list, exterior materials are warped and buckled, doors
can't close, windows are nailed closed, boarded over and broken
out, stairs and landings are unstable, unsupported and dangerous,
sanitation facilities are improperly installed or are inadequate,
electrical wiring and outlets are in a dangerous condition, kitchen
and bathroom fixtures are improperly installed and maintained or
are inadequate, sewer lines are improperly installed and maintained
and are leaking under the floors, hot water heaters are not vented
and otherwise are improperly installed and maintained. In
addition, trash and debris have been allowed to accumulate on the
Property, including garbage and refuse, junk, automotive parts,
appliances, scrap wood, abandoned and inoperable vehicles,
combustible materials, and weeds and other vegetation; and
3. The conditions on the property violate provisions of the
Uniform Building Code, Uniform Electrical Code, Uniform Plumbing
Code, Uniform Fire Code and Ukiah City Code ("UCC") Sections 4420
(prohibiting the accumulation of garbage), 3701.4 (requiring all
sewage to be disposed of through the proper use of the City's
public sewer system, and 3702.4 (prohibiting the occupancy of any
building that does not comply with all of the City's sewer use
regulations); and
s:\u\resos94\cohen.abt
October 28, 1994
4. The property owner has failed and refused to clean up the
property and repair the rental units located thereon, 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 and are dangerous to human life 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.
III
III
III
III
III
III
s:\u\re~os94\deed~cdc
October 28, 1994 2
PASSED AND ADOPTED this 2nd day of November, 1994, by the following
roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneider
AB SENT: None
~ ~ Sc r, Mayor
dity ~lerk
s:\u\resos94~deed.cdc
October 28, 1994 3