HomeMy WebLinkAbout128-04RESOLUTION NO. 128-2004
DECLARING A PUBLIC NUISANCE AT 376 W. LINDA MESA AND ORDERING
ITS ABATEMENT (OWNER: SYBIL J. HOWARD, APN 199 280 006)
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 procedural
requirements for abatement of public nuisances; and
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, the purpose for the screening requirement is to preserve property values,
avoid blight and protect the public health, safety and welfare; and
WHEREAS, on November 16, 2004, the Danville Town Council conducted a public
hearing to consider whether the owner of the property at 376 W. Linda Mesa has
allowed the creation of a public nuisance through an accumulation of unscreened
material, vehicles and equipment in the front and side yards of the property; and
WHEREAS, during the public hearing the Town Council was presented with
photographic evidence, heard oral testimony and received written materials regarding
the existence of a nuisance at 376 W. Linda Mesa; now, therefore, be it
RESOLVED, that considering all evidence and testimony presented, the Danville Town
Council declares that a public nuisance exists at 376 W. Linda Mesa, based upon the
following findings of fact:
1. The property owner, Sybil Howard, was provided with notice and a
ten-day period to abate the nuisance as required by Section 1-6.2 of the
Danville Municipal Code. The nuisance was not abated during this
time period.
2. The property owner was provided with notice of the public hearing as
required by Section 1-6.3 of the Danville Municipal Code and her adult
son appeared and testified on her behalf.
3. A large accumulation of unscreened equipment, vehicles and materials
exists at 376 W. Linda Mesa, all in violation of Section 4-4 of the
Danville Municipal Code. Because some of these materials are covered
by tarps, umbrellas or other temporary materials, the Town is unable to
precisely itemize all unscreened items. However, the photographs of
the property, the precise locations and general list of unscreened items
in the November 3, 2004 notice to the property owner, as well as
additional photos taken on November 15, 2004 and presented to the
Town CoUncil showing additional screening violations along the
Montecito Lane side of the property, provides an acCurate description
of scope of the nuisance;
And, be it further
RESOLVED, that pursuant to Section 1-6.4 of the Danville Municipal Code, the owner of
the property is directed to abate the nuisance within 30 days, by either removing the
unscreened equipment, vehicles and materials from the property, or screening them
with permanent screening as defined in Section 4-4.3 of the Danville Municipal Code;
and, be it further
RESOLVED, that if the property owner has not abated the nuisance within 30 days,
Town staff is directed to abate the nuisance and to keep an itemized record of expenses
incurred so that these expenses may be assessed to the property owner. Town staff is
directed to obtain all necessary warrants to complete this abatement and to retain any
necessary contractors to complete the work.
APPROVED by the Danville Town Council at a regular meeting on November 16, 2004,
by the following vote:
AYES:
NOES: None
ABSENT: None
ABSTAINED: None
Arnerich, Doyle, Andersen, Shimansky, Stepper
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CLERK
PAGE 2 OF RESOLUTION NO. 128-2004