HomeMy WebLinkAbout133-02RESOLUTION NO. 133-2002
DECLARING A PUBLIC NUISANCE AT 16 HILLSIDE DRIVE AND ORDERING
ITS ABATEMENT (OWNER: A. RUTH RUSSELL TRUST, APN 199 180 004)
WHEREAS, the Uniform Building Codes, as adopted by the Town of Danville in
Chapter 10 of the Danville Municipal Code, require property owners to obtain building
permits prior to beginning construction work; and
WHEREAS, obtaining a building permit helps to ensure the safety of new construction
and remodels/renovations of existing homes for both current and future residents; 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, based upon site inspections and information provided by the tenant at the
property, the Town's Building Division has determined that extensive construction
work has occurred at 16 Hillside Drive without issuance of any building permits,
including, but not limited to, electrical work, new kitchen construction and pouring of a
foundation for an addition to the existing home; and
WHEREAS, Section 1-6 of the Danville Municipal Code establishes the procedure for
abatement of public nuisances within the Town; and
WHEREAS, on September 17, 2002, the Town Council adopted Resolution No. 101-
2002, finding that the construction done without permit at 16 Hillside Drive constituted
a public nuisance and providing 30 days to abate the nuisance; and
WHEREAS, as of December 17, 2002, no permits have been applied for nor issued by
the Town for 16 Hillside Drive, the construction done without permit still exists and the
home is still occupied in spite of the existence of such work; and
WHEREAS, the property owner and tenant of the property have been provided with
notice of public hearing, which hearing was held on December 17, 2002. At that
hearing, the Town Council received documents and considered testimony regarding the
existence of a public nuisance; now, therefore, be it
RESOLVED, that the Danville Town Council declares that the construction work done
at 16 Hillside Drive without building permits constitutes a public nuisance; and, be it
further
RESOLVED, 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 work
done without permit or by vacating the premises until such work can be approved by
the Town's Building Division; and, be it further
RESOLVED, that if the nuisance is not abated within 30 days, Town staff is directed to
take the necessary steps to abate the nuisance by ensuring that the property is vacated
until all work done can be inspected and ensured as safe and that the Code
Enforcement Officer shall maintain a statement of expenses incurred by the Town in
abating the nuisance.
APPROVED by the Danville Town Council at a regular meeting on December 17, 2002,
by the following vote:
AYES:
NOES: None
ABSENT: None
ABSTAINED: None
Shimansky, Arnerich, Doyle, Greenberg, Stepper
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 133-2002
POR. SIC ~0 TLS R.I.W MD. BM
RO SAN RAMON
,.60P. MJ4
®
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D