HomeMy WebLinkAboutTC Res 1998-08-05
'"
RESOLUTION NO. 3295
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON DECLARJNG A PUBLIC
NUISANCE AT 1832-1834 CENTRO WEST
AND ORDERING ITS ABATEMENT
WHEREAS, pursuant to Section 38733 of the Government Code of the State of
California, the Town ofTiburon has adopted Ordinances Nos. 59 N.S. and 77 N.S. to provide for
the summary abatement of any nuisance and establishing procedures therefore; and
WHEREAS, under ~5.12.03 of the Town's Zoning Ordinance, any violation of the Zoning
Ordinance is a public nuisance subject to summary abatement; and
WHEREAS, the Town Council has found that a third unit exists on the property located at
1832-1834 Centro West in Tiburon, also known as Assessor's Parcel No. 59-061-22, which
property is located in the R-2 Zone; and
_ WHEREAS, said third unit is in violation of the Town's Zoning Ordinance, in that the
Zoning Ordinance allows a maximum of two units in the R-2 Zone and there is no substantial
evidence to indicate that said third unit is a legal nonconforming use; and
WHEREAS, said third unit is detrimental to the public health, safety and welfare of the
citizens of the Town, in that the use does not conform to the restrictions placed on similar
property in that same vicinity and zone and further, the increased density creates congestion and
adds to the discomforts of the neighboring properties; and
WHEREAS, based on the foregoing, the Town Council found at a duly noticed meeting
on August 5, 1998, that a public nuisance exists at 1832-1834 Centro West that should be abated.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon finds
and declares that tbe unlawful third unit on the property located at 1832-1834 Centro West is a
public nuisance and shall be summarily abated by all of the following actions:
1. The tenant(s) living in the unit must vacate the premises.
2. All kitchen facilities in the unit must be removed.
-
1
-
3.
The improvements on the property must be returned to the configuration
previously approved by the Town, subject to the approval of the Building Official.
If the property owners have not complied with the above abatement order by September 4, 1998,
the Building Official is authorized and directed to enter into the property and implement said
order. In addition, the Town Attorney is also authorized to seek any and all civil and criminal
relief available to achieve said abatement if she determines, in her sole discretion, that abatement
can more efficiently be achieved by the pursuit of such means. In either event, Town staffis
directed to recover the costs of abatement, including, without limitation, all staff time, any
attorneys fees, and other administrative costs from the property owner by imposing an assessment
lien upon the property, which assessment shall be forwarded to the assessor and tax collector to
be collected with the next regular tax bill.
The Building Official shall have the authority to extend the above deadline of September 4, 1998,
for good cause, provided that the property owners are proceeding expeditiously to comply with
this abatement order.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on
August 5, 1998 by the following vote:
~
AYES:
COUNCILMEMBERS:
Bach, Gram, Hennessy, Matthews,
Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
S. 7J!~
HARR S. MATTHEW, MAYOR
Town fTiburon
DI
'""'
2