Resolution 08286326
CITY OF ALAMEDA RESOLUTION NO. 0286
DECLARING STRUCTURE LOCATED AT 418 SANTA CLARA AVENUE A PUBLIC
NUISANCE, DIRECTING OWNER THEREOF TO ABATE SAME BY RECONSTRUCTION,
REPAIR, OR RAZING, AND NOTIFYING OWNER IF NOT ABATED, CITY
BUILDING INSPECTOR WILL RAZE OR REMOVE SAID STRUCTURE AND CAUSE
EXPENSES THEREOF TO BE MADE A LIEN ON REAL PROPERTY FROM WHICH
IT WAS REMOVED OR RAZED
WHEREAS, Articles 1 and 2 of Chapter 4, Title 10, of the Alameda Municipal Code
(consisting of Sections 10-411 through 10-428) Provide, among other things, that every building
or structure which has become dilapidated, or structurally unsafe, or which constitutes a fire
hazard, or is a hazard to the public health, safety or welfare for reasons set forth in Section 203,
Alameda Building Code, or otherwise as provided by law or ordinance, constitutes a public nuisance
abatable by repair, rehabilitation, reconstruction removal, demolition or razing in accordance
with said sections of the Alameda Municipal Code; and
WHEREAS, the building located on premises commonly designated as 418 Santa Clara Avenue,
in the City of Alameda, and bearing Assessor's description "Block 327, Parcel 17," has been
reported as dangerous and damaged, whereupon the City Building Official examined said structure
and found it unsafe in the respects defined in said Section 203 and in violation thereof by reason
of the following circumstances:
(1) Damaged by fire to such an extent that its structural strength is
materially less than before the fire.
(2) Porch is not of sufficient strength,
(3) Interior stairway has collapsed and joists immediately above are in
danger of collapsing.
(4) Brick foundations in state of collapse.
(5) Attractive Nuisance,
(6) Electrical conduits burned out and gas connections loose,
WHEREAS, following said examination by the Building Cfficial there was duly given
written notice to the owner of said structure stating the defects hereinahove recited, which notice
also complied with subsections (b) and (c) of said Section 203; and
WHEREAS, the Building Official gave written notice to said owner that unless correction
of said defects were made within the time specified in said Section, he would apply to this
Council for its order directing him to proceed with the work specified in the said notice; and
WHEREAS, the Building Official gave further written notice to said owner that the City
Council would hear and receive his report of defects and consider his said application, at its
regular meeting to be held Tuesday, December 3, 1974, at 7:30 o'clock p.m, thereof, in the Council
Chambers, located in the City Hall, Alameda, California, and said notice advised said owner to appear
at said time and place to be heard as to why, if any reason there be, the Council should not make
said order; and
WHEREAS, said hearing coming on regularly at the noticed time and place, the Council having
received the Building Official's application and request, and having heard all the evidence offered
and thereupon being fully advised in the premises,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA:
(1) That it is hereby found and determined that the building located at 418 Santa
Clara Avenue, Alameda, California is structurally unsafe and dangerous, constitutes a fire hazard
is dangerous to human life and constitutes a public health, safety and welfare hazard by reason of
its inadquate maintenance, dilapidation, obsolescence and abandonment, and is thus in violation
of Section 203 of the Alameda Building Code;
(2) That the particulars contained in the second recital hereinabove, stating the
reasons why said structure is in violation of said Section, are hereby found to be true;
(3) That by reason thereof said structure is hereby found and determined to be a public
nuisance, which is hereby ordered to be abated by reconstructing or properly repairing same, or
by razing or removing same from the premises;
(4) That the owner be and he hereby is directed and ordered to cause said abatement
within thirty days from the passage of this resolution, and that the Building Inspector cause a
copy hereof to be posted conspicuously on said structure and mail another copy to A.V. and
Marcella B. Barnhill, c/o Barnhill Construction Company, 2394 Webster Street, Alameda, California,
the persons named as the owners thereof on the books of the City Assessor;
(5) That thirty days after said posting the Building Inspector shall be deemed to have
acquired jurisdiction to abate said nuisance by removing or razing the structure herein condemned
unless said owner or his agent shall have in the meantime abated same;
(6) That the costs of said abatement, if caused by the Building Inspector, shall be
paid from the City Treasury, shall thereafter be charged to the owner of said premises as a
special assessment upon said real property, shall constitute a lien thereon, the amount added to
the next succeeding City tax bill, and shall be collectible at the same time and in the same manner
as general municipal taxes are collected. At the conclusion of said work of abatement there shall
be filed with this Council a statement of the costs thereof, and a copy shall Inc sent to said owner,
who shall have thirty days thereafter in which to protest or object to said costs, in which case
there shall he a hearing set by this Council on such cost protest to settle the amount of
such lien.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
introduced ard adopted by the Council of the City of Alameda in regular meeting assembled on the
3rd day of December, 1974, by the following vote, to wit:
AYES: Councilmen Beckam, Cyrica, Hurwitz, McCall and President La Croix, Jr., (5).
NOES: None,
ABSENT: None,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 4th day of December, 1974.
(SEAL) ETHEL M. PITT
City Clerk of the City of Alameda
* * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of 'City of Alameda
Resolution No. 8286, DECLARING STRUCTURE LOCATED AT 412 SANTA CLARA AVENUE A PUBLIC NUISANCE,
DIRECTING OWNER THEREOF TO ABATE SAME BY RECONSTRUCTION, REPAIR OR RAZING, AND NOTIFYING OWNER
IF NOT ABATED, CITY BUILDING INSPECTOR WILL RAZE OR REMOVE SAID STRUCTURE AND CAUSE EXPENSES THEREOF
TO BE MADE A LIEN ON REAL PROPERTY FROM WHICH IT WAS REMOVED OR RAZED', introduced and adopted by
the Council of the City of Alameda on the 3rd day of December, 1574.
City Clerk of the City of Alameda