HomeMy WebLinkAbout151-08
RESOLUTION NO. 151-2008
DECLARING A PUBLIC NUISANCE AT 484 DIABLO ROAD AND ORDERING
ITS ABATEMENT (OWNER: TAYSON, LLC, APN 196 231007)
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 12-1 of the Danville Municipal Code requires property owners to
apply for and obtain an encroachment permit prior to installing any improvements
within the Town's right of way; and
WHEREAS, Tayson, LLC, the owner of 484 Diablo Road, caused physical
improvements to be installed within the Town's right of way adjoining 484 Diablo Road
without first obtaining an encroachment permit and certain of those improvements are
still in place without an encroachment permit; and
WHEREAS, on December 16, 2008, the Danville Town Council conducted a public
hearing to consider whether the owner of the property at 484 Diablo Road has created a
public nuisance through construction of improvements in the public right of way
without obtaining an encroachment permit; and
WHEREAS, during the public hearing the Town Council was presented written
materials and heard oral testimony regarding the existence of a nuisance at 484 Diablo
Road; now, therefore, be it
RESOLVED, that after considering all evidence and testimony presented, the Danville
Town Council declares that a public nuisance exists at 484 Diablo Road, based upon the
following findings of fact:
1. The property owner, Tayson, LLC, constructed improvements
consisting of asphalt paving and curbing within the Town right of way
adjoining 484 Diablo Road sometime in October 2007.
2. This work was done without obtaining an encroachment permit as
required by Section 12-1.4 of the Danville Municipal Code.
3. The owner has since obtained an encroachment permit authorizing
some of the work, specifically the addition of a second driveway to the
property, construction of both driveways with concrete and the asphalt
pedestrian path running east/west across the property.
4. The owner has failed to obtain an encroachment permit for the asphalt
installed between the pedestrian path and the edge of. Diablo Road or
to remove that asphalt. The owner was informed of this requirement as
early as November 2007 but has failed to take steps to abate the
nUIsance.
5. This work done without an encroachment permit constitutes a violation
of the Danville Municipal Code and pursuant to Section 1-5.4 of
Municipal Code constitutes a public nuisance.
6. The owner 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.
7. The owner was provided with notice of the public hearing as required
by Section 1-6.3 of the Danville Municipal Code; 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 by February ~5, 2009, by removing the
construction or taking appropriate steps, to be approved by the Town's Engineering
Division, to prohibit vehicle access and parking to the area in question; and, be it
further
RESOLVED, that if the property owner has not abated the nuisance by February IS,
2009, Town staff is directed to abate the nuisance by removing the asphalt in the
indicated area 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.
APPROVED by the Danville Town Council at a regular meeting on December 16, 2008,
by the following vote:
AYES: Arnerich, Andersen, Doyle, Shimansky, Stepper
NOES: None
ABSENT: None
ABSTAINED: None
APPROVED AS TO FORM:
1W13 -e.J
CITY ATTORNEY
ATTEST:
\
PAGE 2 OF RESOLUTION NO. 151-2008