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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