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HomeMy WebLinkAboutTC Res 1967-10-19 RESOLUTION NO. lZ.L A RESOLUTION OF THE CITY eOUNCIL OF THE CITY OF TIBURON DEeLARING THAT CERTAIN FENCE RECENTLY CONsmueTED ON THE SOUTH SIDE OF PARADISE DRIVE BETWEEN MAIN STREET AND MAR WEST STREET A PUBLIC NUISANCE. WHEREAS, pursuant to the provisions of Ordinance No. 59 of the City of Tiburon, as amended by Ordinance No. 77 of the City of Tiburon, notice was duly given pursuant to the provisions of Sections 3 and 4 of Ordinance-No. 59 to the owners, or purported owners of that certain real property located south of Paradise Drive between Nain Street and Mar West Street in the City of Tiburon to show cause why the fence and structure or building constructed on said pro- perty on or about October 12, 1967, should not be declared to be a public nuisance and abated by action of the City of Tiburon, the costs,of such abatement assessed upon the said property, such costs to constitute a lien thereon and a personal liability of the said owners; and WHEREAS, the matter was duly set for hearing on this 19th day of October, 1967, at the eouncil Chambers, City of Tiburon; and WHEREAS, the matter came on for hearing this date before the City Council, and the City Council has heard and considered all objections and protests to the proposed abatement of said public nuisance; and WHEREAS, the City Council of the City of Tiburon finds as a fact the following: 1. Said fence constitutes a public nuisance; 2. Said fence cr~ates a serious, unwarranted and unnecessary police prcblem in the downtown area of the eity and constitutes a public nuisance for that reason; 3. Said fence fails to comply with statutory fire regulations and constitutes a public nuisance as serious, unwarranted and un- necessary fire hazard and is a public nuisance for that reason; 4. Said fence is an attractive nuisance in that it is in an area where children congregate and said fence is unsafe and not properly constructed and constitutes a public nuisance for that reason; 5. Said fence creates an undue danger to the public traveling along Paradise Drive and is a public nuisance for that reason; 6. Said fence is unsightly and obnoxious in appearance and tends to detract from property values in the area and is a detriment to other businesses and is accordingly found to be a public nuisance for that reason; 7. A building permit has never been ~pplied for or issued for the construction of said fence; said fence was constructed and erected without complying with applicable zoning ordinaces of the City of T!~er~~ and is declared to be a public nuisance for that reason. 10/19/67 NCM, THEREFORE, BE IT RESOLVED: The City Council of the City of Tiburon does hereby declare the said fence hereinabove referred to to be a public nuisance and hereby orders the eity Manager of the City of Tiburon to take all necessary steps to immediately abate said public nuisance following the expiration of the period allowed by law unless wiaved. PASSED AND ADOPTED at a special meeting of the City Council of the City of Tiburon held on October 19, 1967, by the following vote: AYES: eOUNCILMEN: Drohan, Bremer, Strawbridge, Hoffmire NOES: eOUNCILMEN: None ABSENT: COUNC ILMEN: Fanning ~O:;~R.-~ Mayor of the Cit~~of Tiburon ATTEST: . ~ ~~ LAWRENCE D. ROSE, eity Clerk 10/19/67 2.