HomeMy WebLinkAbout085-2011RESOLUTION NO. 85-2011
DECLARING A PUBLIC NUISANCE AT 260 SANTIAGO LANE AND ORDERING
ITS ABATEMENT (OWNER: VILMA D. WONG AND CHRISTOPHER FUCANAN,
APN 202 - 220 -011)
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 owner; and
WHEREAS, Section 1 -6 of the Danville Municipal Code establishes the procedural
requirements for abatement of public nuisances; and
WHEREAS, Section 105.1 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 September 20, 2011, the Danville Town Council conducted a public
hearing to consider whether the owner of the property at 260 Santiago Lane has created
a public nuisance through construction of a structure without obtaining building
permits; 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 260 Santiago Lane; now, therefore, be it
RESOLVED, that considering all evidence and testimony presented, the Danville Town
Council declares that a public nuisance exists at 260 Santiago Lane, based upon the
following findings of fact:
1. The property owners, Vilma D. Wong and Christopher Fucanan, were
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, consisting of
grading and fill work and a retaining wall. No permits were applied
for or issued by the Town for any of this construction. This construction
violates Section 105.1 of the California Building Code, which requires a
building permit for any such construction, and the Town's Scenic
Hillside and Major Ridgeline Development Ordinance, which requires
the approval of a Development Plan prior to performing work within a
Town - identified Major Ridgeline area.
4. Based on testimony and photographic evidence, it also appears that the
construction work performed on the subject property results in a
potential hazard for the properties at the bottom of the hillside due to
the unconfirmed stability of the dirt fill and retaining wall; 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 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 September 20, 2011,
by the following vote:
AYES Stepper, Andersen, Arnerich, Doyle, Storer
NOES: None
ABSENT: None
ABSTAIN: None
ROVED A S TO F�iZM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 85-2011