HomeMy WebLinkAbout124-02RESOLUTION NO. 124-2002
DECLARING A PUBLIC NUISANCE AT 376 W. LINDA MESA AND ORDERING
ITS ABATEMENT (OWNER: SYBIL J. HOWARD, APN 199 280 006)
WHEREAS, Section 4-4 of the Danville Municipal Code requires property owners to
screen from public view and adjacent properties vehicles, equipment and materials, as
those terms are defined in the ordinance; and
WHEREAS, in adopting Section 4-4, the Town Council found that "the...storage of
vehicles (including dismantled or inoperative vehicles or vehicles in a state of being
repaired) and of other equipment and materials on private property can, unless
controlled, create a condition tending to reduce the value of private property,
promote blight and deterioration, constitute an attractive nuisance, and be injurious
to the health, safety and general welfare"; and
WHEREAS, Section 1-5.4 of the Danville Municipal Code provides that any condition
which exists in violation of the Municipal Code constitutes a public nuisance which
may be abated by the Town if it is not abated by the property owners; and
WHEREAS, Section 1-6 of the Danville Municipal Code establishes the procedure for
abatement of public nuisances, requiring that the Town Council first adopt a finding
that a public nuisance exists, then adopting a second resolution that the nuisance exists
and must be abated within 30 days and finally, authorizing the Town to abate the
nuisance if it is not done by the property owner; and
WHEREAS, on October 15, 2002, the Town Council adopted Resolution No. 109-2002,
declaring the existence of a public nuisance at 376 W. Linda Mesa, consisting of an
accumulation of a large volume of unscreened material and equipment in the front and
side yards of the property, including furniture, appliances, building materials, broken
bicycles, motorcycles and other household objects; and
WHEREAS, notice of the adoption of Resolution No. 109-2002 was provided to the
property owner of 376 W. Linda Mesa; and
WHEREAS, 30 days have passed since the adoption of Resolution No. 109-2002 and the
public nuisance still exists; and
WHEREAS, the Town Council conducted a public hearing on November 19, 2002 at
which it considered testimony regarding the existence of the nuisance and was
presented with photographic evidence of such nuisance; and
WHEREAS, the owner of 376 W. Linda Mesa was provided with notice of this hearing
both by mail and posting; now, therefore, be it
RESOLVED, that the Danville Town Council declares that the large accumulation of
unscreened equipment and materials at 376 W. Linda Mesa constitutes a public
nuisance and that based on the volume of such equipment and material and the
physical characteristics of the property (lack of fencing, the location of surrounding
homes and public roads), simply moving this accumulation to the rear yard or covering
it with tarps will not provide the screening as required by Section 4-4 of the Danville
Municipal Code; and, be it further
RESOLVED, that the property owner is directed to abate the nuisance within 30 days
after a notice of adoption of this resolution is posted on the property, by removing the
equipment and materials from the property; and, be it further
RESOLVED, that if the public nuisance is not abated within 30 days, the City Attorney,
Code Enforcement Officer and any other necessary Town employees are hereby
directed to take the steps necessary to abate the nuisance through the use of Town
employees and/or contractors as necessary; and, be it further
RESOLVED, that should it be necessary for the Town to abate the nuisance, the Code
Enforcement Officer is directed to maintain a statement of expenses incurred by the
'Town to be presented to the Town Council for consideration of a special assessment
against the property.
APPROVED by the Danville Town Council at a regular meeting on November 19, 2002,
by the following vote:
AYES:
NOES:
ABSENT:
Waldo, Arnerich, Doyle, Greenberg, Shimansky
None
MAYOR
APPROVED AS TO FORM:
CITY A'iTORNEY c~
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 124-2002
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