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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. \ „ . Diane B. Felsch, City Clerk City of Alameda