Resolution 12177CITY OF ALAMEDA RESOLUTION NO. 12177
DECLARING THE PROPERTY LOCATED AT 2520 SANTA CLARA AVENUE
AS A PUBLIC NUISANCE
WHEREAS, on December 29, 1990 a fire occurred at the
structure located at 2520 Santa Clara Avenue and destroyed 50% of
the structure; and
WHEREAS, as a result of an inspection on March 5, 1991 the
structure was classified as a sub - standard structure in
accordance with Section 302 of the Uniform Code for the Abatement
of Dangerous Buildings; and
WHEREAS, on March 6, 1991 a letter was sent to the property
owner requiring the owner seal the structure to prevent access to
the general public, said letter being sent by certified mail and
returned to the City as unaccepted; and
WHEREAS, on April 5, 1991 another letter was sent by regular
mail to the property owner requesting the owner seal the
structure to prevent access to the general public; and
WHEREAS, a copy of the April 5, 1991 letter was posted on
the property on April 8, 1991; and
WHEREAS, on May 17, 1991, the City Fire Department inspected
the structure and determined it was a public nuisance; and
WHEREAS, repeated attempts by the Fire Department to contact
the property owner were unsuccessful; and
WHEREAS, on July 15, 1991 the City Fire Department conducted
an inspection and posted the property with a notice of violation
requesting the owner secure the building; and
WHEREAS, a reinspection on August 15, 1991 revealed that no
attempt had been made to comply with the Fire Department's notice
of violation; and
WHEREAS, on October 16, 1991 a Notice to Abate Nuisance was
posted on the property and sent by registered mail to the
property owner, said notice informing the property owner of the
hearing before the City Council and requiring his appearance to
show cause, if any, why said building should not be declared a
public nuisance and abated; and
WHEREAS, on December 3, 1991 the City Council held a duly
noticed public hearing on declaring the structure to be a public
nuisance and directing the property owner to abate this nuisance;
WHEREAS, at said hearing the Building Inspector, Fire
Inspector and other competent people gave sworn testimony
regarding the condition of the structure, the estimated cost to
secure the building is $1,000.
WHEREAS, the property owner did appear at the public hearing
and present evidence showing why the building should not be
declared a public nuisance and abated;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda that the property located at 2520 Santa Clara
Avenue, Alameda California, the legal description of said
property being:
Assessor's Parcel No. 070 - 170 -07
is hereby declared to be a public nuisance.
BE IT FURTHER RESOLVED that the owner of said property shall
clear the site of all flammable debris and securely seal the
building in a manner to prevent access to the general public
within 30 days after a copy of this resolution is posted on the
property;
BE IT FURTHER RESOLVED that if the owner has not cleared the
site of all flammable debris and securely sealed the building in
a manner to prevent access to the general public within 30 days
after the posting of this resolution, the City shall apply to the
court to obtain a warrant to enter on said property and abate the
nuisance wither with City forces or a contractor.
BE IT FURTHER RESOLVED that the costs of abatement shall be
itemized and presented to the City Council in accordance with
Title X, Chapter 4, Article 2 of the Alameda Municipal Code.
BE IT FURTHER RESOLVED that a certified copy of this
resolution shall be filed with the County Clerk.
BE IT FURTHER RESOLVED that the Building Inspector shall
post a copy of this resolution on the structure declared a public
nuisance and mail a copy to the person named as the owner on the
books of the County Assessor and file an affidavit of posting and
mailing with the City Clerk.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the third of
December, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this fourth day of December, 1991.
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Diane B. Felsch, City Clerk
City of Alameda