HomeMy WebLinkAbout012-87BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Finding and Determining That An )
Emergency Situation Exists, )
That the Emergency Situation )
Constitutes a Nuisance Which )
Poses an Immediate Threat to )
the Public Peace, Health and )
Safety, and Ordering That the )
Nuisance be Abated )
(550 Highland Drive) )
)
RESOLUTION NO. 12-87
Acting under Government Code section 866 and section 1-513
of the Danville Municipal Code, the Town Council of the Town of
Danville finds, determines and orders as follows:
1. There is an impending peril to persons and property as
a result of unauthorized modifications made in a natural drainage
channel which flows through property located at 550 Highland
Drive. In particular, a natural drainage channel formed by
nature many years ago which flows through the subject property
has carried varying amounts of water with little or no erosion.
The drainage course has a tributary area of approximately 30
acres and has potential for severe flooding and erosion which can
cause consequent property damage. This natural drainage course
has been altered from its normal northerly direction and directed
easterly into a man made channel by the deposit of large quan-
tities of fill in what was the natural drainage channel. This
work was accomplished without a permit and without environmental
and engineering documentation addressing the upstream and down-
stream effects of the alteration.
This altered condition jeopardizes both upstream and
downstream properties because although the hydrological effects
of the channel alteration are an unknown because of lack of
proper studies, it is recognized that the alteration could result
in increased flows, cause increased flooding and erosion and
cause damage to private properties affected by the alteration.
2. The Town Council determination that there is impending
peril is based upon the analysis, observations and knowledge of
the Town Engineer.
3. The condition described in paragraph 1 constitutes a
public nuisance within the meaning of Civil Code section 3494,
Code of Civil Procedure section 731, Government Code section
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38773 and sections 1-501--1-513 of the Danville Municipal Code
and poses an immediate threat to the public peace, health and
safety.
4. As a result, the Town Council determines that ap-
propriate remedial action to halt, stabilize and abate the
impending peril and public nuisance shall consist of the removal
of the material from the man made channel and restoration of the
natural channel as recommended by the Town Engineer.
5. This remedial action shall be undertaken and imple-
mented and the Town Manager is authorized to carry out the
actions recommended by the Town Engineer and to expend Town funds
for this purpose.
6. The Town Council determines that the public nuisance
exists on the property commonly described as 550 Highland Drive,
Danville, California 94565, and that the owner of the property
is responsible for the abatement of the public nuisance.
However, because the condition which constitutes the nuisance
poses an immediate threat to the public peace, health and safety,
there is not sufficient time within which to conduct the abate-
ment procedure as provided for in sections 1-502--1=510 of the
Danville Municipal Code. It is therefore necessary under the
circumstances for the Town to undertake action to abate the
public nuisance.
7. Upon completing the work necessary to abate the public
nuisance, the cost shall become a special assessment against the
real property upon which the public nuisance existed. The
assessment shall continue until it is paid, together with
interest at 10% a year computed from the date the work is
complete until payment. The assessment shall be collected at the
same time and in the same manner as ad valorem real property
taxes are collected, and shall be subject to the same penalties
and the same procedure and sale in case of delinquency as
provided for in ad valorem real property taxes. All laws
applicable to levy, collection and enforcement of ad valorem real
property taxes apply to this special assessment.
The Town Manager is directed to file in the office of the
County Recorder a certificate substantially in the form pre-
scribed in section 1-512 of the Danville Municipal code.
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This resolution was passed and adopted at a meeting of the
Town Council of the Town of Danville held March 2, 1987
I
1987, by the following vote:
AYES: Kennett, Lane, McNeely, 0ffenhartz, Schlendorf
NOES: None
ABSENT: None
~Mayo~~r
ATTEST:
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