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RESOLUTION NO. 105-2006
DECLARING A PUBLIC NUISANCE AT 923 EI PINTADO ROAD AND
ORDERING ITS ABATEMENT (OWNER: RICHARD G. WESSLER,
APN 200 020 053)
WHEREAS, Section 1-5.4 of the Danville Municipal Code provides that any condition
which exists in violation of the Municipal Code or which is a nuisance as defined under
Civil Code Section 3479 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 106.1 of the California Building Code, adopted by reference into the
Danville Municipal Code, requires property owners to apply for and obtain building
permits prior to beginning construction of any structure; and
WHEREAS, Civil Code Section 3479 defines public nuisances to include anything that
obstructs the free use of property or interferes with the enjoyment of property; and
WHEREAS, on August 8/2006/ the Danville Town Council conducted a public hearing
to consider whether the owner of the property at 923 EI Pintado Road has created a
public nuisance through construction of a structure without obtaining building permits
and whether that construction work has interfered with the use of the adjoining
property at 939 EI Pintado Road; 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 923 EI Pintado Road; now, therefore, be it
RESOL VED, that considering all evidence and testimony presented, the Danville Town
Council declares that a public nuisance exists at 923 EI Pintado Road, based upon the
following findings of fact:
1. The property owner, Richard G. Wessler, 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.
3. Based on testimony and photographic evidence, it is clear that
construction was commenced at the subject property, this construction
consisting of grading, pouring of a foundation and framing. No
permits were applied for or issued by the Town for any of this
construction. This construction violates Section 106.1 of the California
Building Code, which requires a building permit for any such
construction.
4. Based on testimony and photographic evidence, it also appears that the
construction done on the subject property has caused an alteration in
drainage patterns. This change has caused rainwaters to flow from the
subject property to the adjoining property at 939 EI Pintado Road,
flooding the playground area at the preschool located on that property.
This flooding obstructs the free use and enjoyment of the property at
939 EI Pintado, thereby constituting a public nuisance under Civil Code
Section 3479; 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 removing
construction and correcting the drainage problem created by the construction; 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 August 8,2006, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Stepper,
None
None
None
Shimansky, Andersen, Arnerich, Doyle
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APPROVED AS TO FORM:
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CITY CLE
72.t~ ~
CITY ATfORNEY j
PAGE 2 OF RESOLUTION NO. 105-2006