HomeMy WebLinkAbout95-41RESOLUTION NO. 95-41
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH DECLARING A NUISANCE AT 273 EAST CLAY
STREET, ORDERING ABATEMENT OF SAME AND
APPROVING FINDINGS IN SUPPORT THEREOF.
WHEREAS,
1. On March 1, 1995, the City Council conducted a hearing
under the provisions of Ukiah City Code ("UCC") 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 273 East Clay Street and also known as
Mendocino County Assessor Parcel Number 002-281-04 ("the Property")
should be declared unsafe and a nuisance and the conditions abated
by demolition or repair; and
3. Thirty (30) 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 to tenants on the Property by posting a notice on each
structure; and
4. The City Council received evidence and provided an
opportunity to call 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, the property owner and 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. Beverly Balleto ("owner") of 500 Laughlin Way, Redwood
Valley owns the Property, which contains 7 detached buildings
depicted on the attached Exhibit A. Three of the buildings,
identified as numbers 3, 9 and 10 on Exhibit A remain occupied by
tenants of the owner. In November 1994 and again on February 25,
1995, the Code Enforcement Officer inspected the Property and
documented in photographic slides the condition of each structure
on the Property. Based on its review of the slides, the testimony
of the Code Enforcement Officer, his inspection reports and the
testimony of the owner and the property manager, the City Council
has determined that each of the buildings on the Property
constitutes a public nuisance in that the foundations are
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March 17, 1995 i
deteriorated and unstable, floors and floor supports have buckled
and are dangerous and inadequate, roofs 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'% 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;
b. 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;
c. The conditions on the property violate provisions of
the Uniform Building Code, Uniform Electrical Code, Uniform
Plumbing Code, Uniform Fire Code and 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);
d. 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;
e. The City Council has considered the need for housing
expressed in the housing element of its General Plan and the cost
of repairing the units. The cost of repair would exceed 75% of the
fair market value of the structures and repair of the units is
otherwise financially infeasible. This is true, regardless of
whether the structures are made to comply with the currently
effective edition of the Uniform Building, Electrical, Plumbing and
Fire Codes or the Uniform Code of Building Conservation.
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 by demolition of the structures
and removal of all trash and debris from the Property, if the owner
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has failed to abate said conditions by demolition or repair within
thirty (30) days after this resolution is posted on the Property;
and
c. 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 UCC Sections 3308-3310 and 25 CCR
Section 70.
PASSED AND ADOPTED this 15th day of March, 1995, by the following
roll call vote:
AYES:
Council Members Malone and Shoemaker
NOES: None
ABSTAIN:
ABSENT:
Mayor Schneiter
Council Members Mastin and Wattenburger
Fre~Sch~n~rrt~er, Mayo
ATTEST: / / / ,
Cl~rles L-. Rough, Jr., ~ep~ty
City Clerk
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