Resolution 09285CITY OF ALAMEDA RESOLUTION NO, 9285
DECLARING STRUCTURE LOCATED AT 1807 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
RAZE OR REMOVE SAID STRUCTURE AND CAUSE EXPENSES
THEREOF TO BE MADE A LIEN ON REAL PROPERTY FROM WHICH
IT WAS REMOVED AND ZED
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 1807 Santa Clara Avenue, in the City of Alameda,
Assessor's Parcel No. 71- 279 -12, damaged by Eire in February of
1979, has been reported as a dilapidated building, whereupon the
City Building Official examined and the Fire Department photo-
graphed the exterior of said structure and believe it to be in
violation of Section -203 by reason of the following circumstances:
(1) The fire burned in the first and second stories and
the attic, through the roof in several places and
through some windows on both the first and second
or.
(2) It is assumed from pictorial evidence that interior
floors, walls, ceilings and utilities are damaged
to the extent of being dangerous for habitation.
WHEREAS, following said determinations and upon direction
of the City Council on March 18, 1980, there was duly given
i..tten notice to the owner of said structure to appear before
the City Council at its regular meeting to be held Tuesday, May 6,
1980 at 7.30 P.M. in the Council Chambers in the City Hall,
Alameda, California, to be heard, and show cause, if any he has,
why said building should not be condemned as a public nuisance
and said nuisance be abated by reconstructing or properly repair -
ing said building, or by razing or removing the same, and
WHEREAS, said hearing coming on regularly at the noticed
time and place, the Council having received the Building Official's
statement of condition; and having heard all the evidence offered
and thereupon being fully advised in the premises;
NOW, T
OF ALAMEDA:
FORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
(1) That it is hereby found and determined that the
building located at 1807 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 inadequate
maintenance, dilapidation and abandonment, and is
thus in violation of Section 203 of the Alameda
Building Code;
(2) 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;
(3) That the owner be and he is hereby 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 a copy to
Theodore L. Klaiber, the person named as the owner
thereof on the books of the City and County Assessor,
at 1217 Rosewood Way, Alameda, and at 1811 Santa
Clara Avenue, Alameda, and to his attorney Donald W.
Curran, 2030 Franklin Street, Suite 700, Oakland,
California 94612;
(4) That thirty days after said posting the Building
Inspector shall be deemed to have acquired jurisdic-
tion 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;
(5)
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 tax bill, and
shall be collectible at the same time and in the
same manner as general 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 be sent to said owner, who
shall have thirty days thereafter in which to
protest or object to said costs, in which case there
shall be a hearing set by this Council on such cost
protest to settle the amount of such lien.
T, 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 6th day of May, 1980, by the following vote, to wit:
AYES: Councilmen Diament, Sherratt, Tillman-and
President Corica - 4
NOES; None
ABSENT: Councilman Stone - 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 7th day of May, 1980.
City Clerk of the