HomeMy WebLinkAboutTC Res 1992-09-02 (3)
r
RESOLUTION NO. 2880
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ABATING A PUBLIC NUISANCE
AT 2220 CENTRO EAST STREET A. P. #59-142-02
WHEREAS, pursuant to Section 38773 of the California Government Code
and Chapter 24 of the Tiburon Municipal Code, the Town is authorized to abate a
public nuisance; and
WHEREAS, pursuant to Section 24-3 of the Tiburon Municipal Code, the
Town Council of the Town of Tiburon, believing a public nuisance to exist on
property located at 2220 Centro East Street in the form of unauthorized and illegal
fill, ordered the property owner of said property to appear before the Town Council
and show cause why said illegal fill should not be declared a public nuisance and
removed or abated; and
WHEREAS, the Town Council has held a public hearing concerning the
matter, at which the property owner and all other interested parties were granted the
opportunity to address the Council; and
~
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon as follows:
1. The Town Council, after public hearing and consideration of all the
evidence, finds that said fill constitutes a public nuisance in that a)
no permits were obtained for the placement of the fill as required by
Chapter 13 and Chapter 16 of the Tiburon Town Code; b) the ground
upon which the fill is placed was not properly cleared or prepared
prior to placement of the fill; and c) the fill itself was not keyed or
otherwise engineered to provide stability and as such constitutes a
potential safety hazard in the expert opinions of the Chief Building
Inspector and the Town Engineer.
2. The Council, based upon these facts, finds that abatement of the
unauthorized fill is necessary to the public health, safety, and welfare
of residents of the Town of Tiburon.
3.
The Town Council hereby directs and authorizes the Town Manager
and Town Attorney to take any action necessary, including any legal
action, to abate the public nuisance consisting of illegal fill placed at
2220 Centro East Street (AP 59-142-02), if such nuisance is not abated
by the property owner within thirty (30) days.
"
"
4.
AIl costs of such abatement incurred by the Town shall be assessed
upon the property at 2220 Centro East Street (AP 59-142-02), in the
manner provided for in Section 24-6 of the Tiburon Town Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on September 2. 1992, by the following vote:
AYES:
COUNCILMEMBERS:
Kuhn, Nygren, Thayer &
Thompson
NOES: COUNCILMEMBERS:
None
ABSTAIN: COUNCILMEMBERS:
Friedman
~
ALVIN R. KUHN, MAYOR
Town of Tiburon
~
ATTEST:
~