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Home My WebLink About6.2 Abatement of Nuisance Gunshot Ct 4qo -qo AGENDA STATEMENT CITY COUNCIL MEETING DATE : October 27 , 1986 SUBJECT : PUBLIC HEARING : Abatement of a Nuisance Condition at 7964 Gunshot Court , Owner_, Hubert W. Gann EXHIBITS ATTACHED : 1 ) Notice of Public Hearing to Consider Abatement of a Nuisance 2 ) Declaration of Substandard Property 3 ) Affidavit of Service of Notice 4 ) Resolution Order to Abate a Nuisance at 7964 Gunshot Court 5 ) Resolution To Appropriate Funds for Abatement of a Nuisance at 7964 Gunshot Court From Contingent Reserve 6 ) Photographs of the Conditions in the Building and on the Premises RECOMMENDATION : 1 ) Open public hearing ; hear presentation and testimony; pose questions ; close public hearing ; depending on testimony adopt the attached resolution finding that the property is a nuisance and order the owner to abate the nuisance 2 ) Appropriate $3 , 000 . 00 from the Contingent Reserve Fund to accomplish abatement in the event that the owner fails to complete the abatement in the time specified . FINANCIAL STATEMENT : Estimate of costs of abatement is $3 ,000 . 00 . Ordinance 02-84 provides that cost of abatement may be recovered by placing a special tax assessment on the property. DESCRIPTION : Chapter 7 of Ordinance 02-84 sets up procedures for the abatement of substandard and dangerous buildings and conditions . The procedure provides for notifying any party having a record interest in the property and recording a Declaration of Substandard Property. The procedure provides for a public hearing by the City Council . If the City Council finds a nuisance exists , it may order the nuisance to be abated . The order of abatement shall indicate the dates to commence and complete the work of abatement . The order of abatement may also authorize the enforcement official to accomplish the abatement , if the abatement work is not completed as specified . The costs of abatement may be recovered as an assessment or tax on the property. On October 4 , 1986 , a fire occurred in the house located at 7964 Gunshot Court . The photos of the interior of the building were taken by the Fire Department after the fire . The photos show an accumulation of garbage , debris and dog feces . According to the Fire Department there werc;�� dogs living in the house and there was dog feces throughout . Other photos show the debris throughout the yard . The owner was contacted on October 9 , 1986 , and he was advised that it would be necessary to clean up the premises . The owner stated he planned to have the property cleaned up by October 13 , ----------------------------------------------------------------- ITEM NO . COPIES TO : Hubert W . Gann 1986 . The owner was verbally advised that this matter would be presented to the City Council in the event the property was not cleaned up . On October 16 , 1986 , the property was inspected with the owner . At that time the kitchen , living room, and bedroom where the fire occurred were cleaned up . The material- removed -from these rooms was stored in plastic bags in the garage . At that time the two bedrooms contained piles of debris and dog feces that had not been cleaned up . In addition to the garbage bags in the garage , there was a large pile of dirty •clothes , linen and debris . The rear and side yards has several large piles of debris . Photographs were taken of these conditions . On October 21 , 1986 , the property was reinspected with the owner ., At that time the two bedrooms had been cleaned, but again the material removed from the bedrooms is stored in a heap in the garage . In spite 'of the clean up efforts , there is a very strong odor of decaying garbage . The subfloor has been soaked with dog urine and the premises is infested with fleas and vermin . The owner states he intends to have the premises cleaned up by October 27 , 1986 . Because of the serious health hazard resulting from the condition of this property, the City should be in a position to abate the nuisance in the event the premises are not cleaned . NOTICE OF PUBLIC HEARING • TO CONSIDER ABATEMENT OF NUISANCE NOTICE IS HEREBY GIVEN that on 27th day of October, 1986, at the hour of 7:30 p.m. in the Meeting Room, Dublin Library, 7606 Amador Valley Boulevard, Dublin, California 94568, the Dublin City Council shall determine if the conditions on the property as described below should be deemed a nuisance, and if deemed to be a nuisance, whether such nuisance should be abated as provided by Dublin Ordinance 02-84. The conditions requiring abatement is the accumulation of garbage debris, garbage, offal and rat harborages throughout the building, and premises, and abatement shall be by the removal of the same from the building and premises and disposing of it in a dump. If you desire to be heard in this matter, you should appear before the Dublin City Council to show cause. Failure to appear at this hearing may be deemed an admission that the condition(s) is/are a nuisance and abatement may be ordered without further notice. This notice is given in accordance with Section 72.3, Dublin Ordinance 02-84. VICTOR L. HER, BUILDING OFFICI CITY OF DUBLIN, STATE OF CALIFORNIA Date: October 21 , 1986 Address: 7964 Gunshot Court Assessor's Reference No. : Book 941 , Block 172, Parcel 47 Owner's Name: Hubert W. Gann Owner' s Name: Legal Description: Lot 62 in Block 4, as said lot and block are shown on the Map of Tract 2163, Pleasanton Township, Alameda -County, California, filed August 23, 1960 in Book 42 of Maps, Page 51 , in the office of the County Recorder of Alameda County. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO . SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF SUBSTANDARD PROPERTY I hereby declare that I have inspected br. caused to be inspected the property described below, and substandard conditions as defined in Section 71 .2, Dublin Ordinance 02-84. Said substandard conditions are the accumulation of garbage, debris, offal and rat harborages throughout the building and premises. All parties having a record interest in said property have been or will be notified of said substandard conditions in accordance with Section 72.3, Dublin Ordinance 02-84. 'VICTOR L. TAUGHER, BUILDING OFFICI COUNTY OF ALAMEDA, Date: October 21, 1986 Address: 7964 Gunshot Court Assessor's Reference No. : Book 941 , Block 172, Parcel 47 Owner's Name: Hubert W. Gann Owner's Address: 7964 Gunshot Court Legal Description: Lot 62 in Block 4, as said lot and block are shown on the Map of Tract 2163, Pleasanton Township, Alameda County, California, filed August 23, 1960 in Book 42 of Maps, Page 51, in the office of the County Recorder of Alameda County. AFFIDAVIT STATE OF CALIFORNIA ) - ' ss COUNTY OF ALAMEDA ) - Victor L. Taugher, being first duly sworn , deposes and says: That he is employed by the Building Inspection Department of the City• of Dublin, County .of Alameda , California. That a copy of the attached was posted in a conspicuous place on the premises described below on October 23 , 1986 . That a copy of the attached- was hand delivered on October 21 , - 1986 at 11 : 30 a .m. R - T L N -TAUGKR COUNTY OF ALA EDA A.ddress : - 7964 Gunshot Court Assessor ' s Reference No : Book 941 , Block 172 , Parcel 47 Owner ' s Name : Hubert W. Gann -- Owner ' s Address : 7964 Gunshot Court Le.gal Description : Lot 62 in Block 4, as said lot and block are shown on the Map of Tract 2163, Pleasanton Township, Alameda County, California, filed August 23, 1960 in Book 42 of Maps, Page 51, -in the office of the County Recorder of Alameda County. f St e of U6=nix . E1� ss L�� of _`_. .._.�.-------_.... _xczxowlEDC -c.n.ral- n � an iflis `� R---.da y of.. �T o � ..-. ...�./ v... ....�-_.....-----•-___.�..-_»..A. D. 19.��..� be fore me, ..........._._:_:. ...._.....�....a Notarq Public in and for the said County and State, residing therein,.dul commissioned and sworn. personally ap- peared...............ell� D ....._ :_..� fcC ��i�._.._.......----- •------ OFFICIAL SEAL .....-------••.... . ............................_ KAY KECK ENYOTARY ............._..........---.._...,...............PUBLIC-CALIFORNIA AIAMEDACOUNTY known to me to be the person whose name..-_..l%.»__ subscribed to the Comm.Expires Nov. 11, 1986 within Instrument. and acknowledged to me that he executed the same. = ,31n Adnrns 04srznf, 1 have hereunto set my hand and affixed my officialseal the day and year in,this Certificatt first above wri en. -- Noaqv Pv b�' ind ja C«,riy and Sate of Calc7sarnis My Commission Expires._ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ---------------- -------------------------------------------------- ORDER TO ABATE A NUISANCE AT 7964 GUNSHOT COURT, DUBLIN WHEREAS, It has come to the attention of the City of Dublin that an accumulation of garbage , debris , offal and rat harborages is being maintained at 7964 Gunshot Court, Dublin , California , legally described as Lot 62 Block 4 Tract 2163 , Assessors designation of 941 -172-47 ; and WHEREAS, the City Council did hold a public hearing on this matter on October 27 , 1986 , and ; WHEREAS, the City Council finds that the accumulation of garbage , debris , offal and rat harborages does constitute a nuisance at 7964 Gunshot Court , Dublin , CA; and NOW, THEREFORE, BE IT RESOLVED that Hubert W. Gann , owner of the property is hereby ordered to abate the nuisance by cleaning the building and premises and removing therefrom all garbage , debris , offal and rat harborages and disposing of the the same in an authorized dump . BE IT FURTHER RESOLVED that abatement shall commence on October 29 , 1986 , and be completed by November 7 , 1986 . BE IT FURTHER RESOLVED that if said abatement is not completed by October 29 , 1986 , the Building Official and his designated agents are hereby authorized and directed to enter the premises with or without permission to perform all necessary work in order to complete the abatement . BE IT FURTHER RESOLVED that the owner is hereby notified that in the event the Building Official and his designated agents perform the abatement , the owner shall be responsible for seeing to the safety and security of any personal property prior to commencement of abatement . PASSED, APPROVED AND ADOPTED this 27th day of October , 1986 . AYES : NOES : ABSENT : Mayor ATTEST : City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROPRIATE FUNDS FOR ABATEMENT OF A NUISANCE AT 7964 GUNSHOT COURT DUBLIN WHEREAS, The City Council of the City of Dublin as by Resolution No . ordered the abatement of a nuisance at 7964 Gunshot Court , u in ; and WHEREAS, the Building Official has been authorized and . directed to abate said nuisance if the owner Hubert W . Gann fails to complete said abatement by November 8, 1986 ; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby authorize the sum of $3 ,000 .00 to be appropriated from the Contingent-Reserve Fund and transferred to the Contract Services Fund and said sum may be used by the Building Official to accomplish said abatement if necessary. PASSED, APPROVED AND ADOPTED this 27th day of October , 1986 . 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