HomeMy WebLinkAbout045-2013RESOLUTION NO. 45 -2013
DECLARING A PUBLIC NUISANCE AT 923 EL PINTADO ROAD AND
ORDERING ITS ABATEMENT (OWNERS: RICHARD AND THERESA 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 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 10.9 of the Danville Municipal Code establishes standard placards
to be used to specify the condition of a building or structure for continued occupancy
after a natural or man -made disaster and the Town's Chief Building Official posted an
UNSAFE placard at 923 El Pintado Road after the residence at the property sustained
major structure damage due to a fire on January 28, 2011; and
WHEREAS, the property owners of 923 El Pintado Road were notified on July 19, 2012
that the condition of the fire - damaged residence results in a potentially unsafe situation;
and
WHEREAS, on May 7, 2013, the Danville Town Council conducted a public hearing to
consider whether the owners of the property at 923 El Pintado Road have allowed the
creation of a public nuisance by not demolishing or repairing an unsafe structure that
was damaged in a fire; 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 El Pintado Road; now, therefore, be it
RESOLVED, that considering all evidence and testimony presented, the Danville Town
Council declares that a public nuisance exists at 923 El Pintado Road, based upon the
following findings of fact:
1. The property owners, Richard and Theresa Wessler, were provided with notice
and a thirty -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 owners were provided with notice of the public hearing as required
by Section 1 -6.3 of the Danville Municipal Code.
3. A residential structure at 923 El Pintado Road was damaged in a fire on January
28, 2011 and deemed unsafe by the Chief Building Official. The owners were
alerted in writing that the fire - damaged residence was creating a potentially
unsafe situation and it was requested that they apply for a demolition permit to
remedy the hazard.
And, be it further
RESOLVED, that pursuant to Section 1 -6.4 of the Danville Municipal Code, the owners
of the property are directed to abate the nuisance within 30 days, by demolishing the
residence; and, be it further
RESOLVED, that if the property owners have 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 May 7, 2013, by the
following vote:
AYES: Arnerich, Storer, Doyle, Morgan, Sr
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
PAGE 2 OF RESOLUTION 45 -2013