HomeMy WebLinkAbout036-04RESOLUTION NO. 36-2004
CONFIRMING COSTS OF NUISANCE ABATEMENTS AS A SPECIAL
ASSESSMENT UPON REAL PROPERTY LOCATED AT 1630 SAINT DAVID
DRIVE (OWNERS: GARY L. LEMKE AND CAROL PALMER, APN 218 293 007)
WHEREAS, Section 1-6 of the Danville Municipal Code authorizes the Town of
Danville to abate public nuisances existing on private property within the Town; and
WHEREAS, pursuant to Resolution No. 43-2003, the Contra Costa Mosquito and Vector
Control District (the "District") is authorized to act upon the specific, prior request of
the Town in a circumstance constituting an immediate threat to public health or safety
to abate public nuisances supporting the development, attraction or harborage of
vectors; and
WHEREAS, the real property located at 1630 Saint David Drive in Danville (APN 218
293 007) is owned by Gary L. Lemke and Carol Palmer; and
WHEREAS, during 2003, the Town of Danville and the District were required to abate
two nuisances at 1630 Saint David Drive. The Town removed an abandoned vehicle on
April 4, 2003. During the months of January through July, the Town and the District
were forced to abate a number of conditions at 1630 Saint David Drive that had allowed
for the harborage of rats. These actions included trapping live rats, removal of ivy and
other vegetation and sealing openings under the home where rats were nesting; and
WHEREAS, on October 16, 2003, the owners of 1630 Saint David Drive were provided
with itemized bills for the costs of these abatements and requested to pay within 30
days. To date, no payment has been received by the Town or the District; and
WHEREAS, Section 1-6.7 of the Danville Municipal Code and Section 38773.5 of the
California Government Code allow such unpaid costs of abatement to be levied against
the subject real property as a special assessment, subject to collection in the same
manner as property taxes; and
WHEREAS, on March 22, 2004, the Town mailed by certified letter and posted on the
property, notice of this meeting and the Town's intent to impose these costs of
abatement as a special assessment against the property, to be collected in the same
manner as property taxes. The Town Council has considered all written and verbal
information submitted regarding the proposed assessment; now, therefore, be it
RESOLVED, that the Danville Town Council confirms the statement of expenses for a
total of $4,549.22 (attached hereto and incorporated herein) incurred by the Town of
Danville and the Contra Costa Mosquito and Vector Control District in abating
nuisances at 1630 Saint David Drive (Owners: Gary L. Lernke and Carol Palmer, APN
218 293 007); and, be it further
RESOLVED, that if the confirmed costs of abatement are not paid within five days of
adoption of this resolution, those costs shall become a special assessment against the
property, subject to collection in the same manner as property taxes and subject to
interest at a rate of eight percent (8%) from the date of adoption of this resolution until
paid; and, be it further
RESOLVED, that Town staff is directed to record a Notice of Special Assessment with
the Contra Costa County Recorder's office and forward a copy of this resolution to the
Contra Costa County Assessors Office for inclusion on the tax rolls.
APPROVED by the Danville Town Council at a regular meeting on April 20, 2004, by
the following vote:
AYES: Arnerich,
NOES: None
ABSENT: None
ABSTAINED: None
Doyle, Andersen, Shimansky, Stepper
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 36-2004