HomeMy WebLinkAboutCity Council Resolution 2629.1 RESOLUTION NO. 2629.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ORDERING THE ABATEMENT OF A PUBLIC
NUISANCE UPON PROPERTY KNOWN AS TRACT 7770 AND
PROPERTY KNOWN AS ASSESSOR*S PARCEL NUMBER 503-
12-024
WHEREAS, on January 17, 1990, the City Council of the City of Saratoga
adopted Resolution No. 2629, declaring a public nuisance to exist upon the property
known as Tract 7770 and the property known as Assessor's Parcel Number 503-12-024,
by reason of certain violations having been committed upon said properties, such
violations generally consisting of:
(a) Grading activity without a permit having been issued to authorize the
same, in violation of Article 16-55 of the City Code.
(b) Tree removal without a permit having been issued to authorize the same, in
violation of Article 15-50 of the City Code.
(c) Failure to comply with subdivision conditions for Tract 7770 requiring City
approval prior to the performance of any site development work on
individual lots, in violation of Section 3-05,010 of the City Code.
(d) Failure to comply with the mitigation measures required by the
Environmental Impact Report for Tract 7770, in violation of Section 3-
05,010 of the City Code.
(e) Grading and tree removal within dedicated open space areas, in violation of
the open space agreement between the subdividers of Tract 7770 and the
City of Saratoga.
(f) Grading and tree removal activity on APN 503-12-024 in violation of the
Williamson Act contract relating to said parcel.
WHEREAS, pursuant to Section 3-15.060 of the City Code, a public hearing
was conducted by the City Council on February 21, 1990, at which time any person
interested in the matter was given an opportunity to raise objections to the
declaration of public nuisance and the proposed abatement thereof, and upon the
conclusion of said hearing, the City Council overruled any and all objections as may
have been raised; and
WHEREAS, plans and specifications for grading, erosion control and
revegetation to correct or mitigate the environmental damage caused by the above-
described violations have been submitted to the City and duly approved by the City
Council; and
WHEREAS, performance of all corrective and mitigation measures in
accordance with the approved plans and specifications constitutes an integral part of
the abatement work required for elimination of the public nuisance upon said
properties,
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NOW, THEREFORE, be it resolved as follows:
1. Pursuant to Section 3-15.070 of the Saratoga City Code, the City
Manager is hereby authorized, directed and ordered to abate the public nuisances
heretofore declared by the City Council to exist upon the properties known as Tract
7770 and APN 503-12-024, such abatement to be accomplished by performance of the
work described in the grading, erosion control and revegetation plans and
specifications approved by the City Council.
2. The abatement order issued herein shall be carried out, at any time,
upon a determination by the City Manager that the owners of Tract 7770 or APN 503-
12-024 are not performing all work required to be performed by the approved plans and
specifications in a diligent or satisfactory manner.
3. In the event the City Manager determines that any abatement work
should be performed by the City, he is authorized to employ the services of the City
Attorney to secure such court orders and to conduct such legal proceedings as may be
necessary or appropriate to carry out the purpose and intent of this nuisance
abatement order.
4. Upon completion of the abatement work, the City Manager shall
submit a report of costs to the City Council for the conduct of assessment proceedings
in accordance with Article 3-15 of the City Code.
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Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 17th day of October, 199{}, by the following vote:
AYES: Council members Anderson, Koh] er, Moni a and MayorStutzman
NOES: None
ABSENT: C0unci ]member C] evenger
ATTEST:
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