HomeMy WebLinkAboutReso 137-1981 RESOLUTION NO. 137-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CONFIRMING THE STATEMENT
OF EXPENSES IN THE MATTER OF THE ABATE-
MENT OF THE BUILDING AT 2304 OLYMPIC
DRIVE, SOUTH SAN FRANCISCO, CALIFORNIA,
A PUBLIC NUISANCE
WHEREAS, the City of South San Francisco pursuant to its police power
abated the nuisance at 2304 Olympic Drive, South San Francis. cO, County of~San
Mateo, State of California, more particularly described as Assessor's Parcel
No. 091-034-130; and
WHEREAS, Chapter 8.24 of the Municipal Code of the City of South San
Francisco requires a verified statement showing the costs and net expenses of
the abatement of the nuisance shall be considered at a hearing before the City
Council at which the property owner or other interested or affected persons
may be heard; and
WHEREAS, after proper notice the City Council has conducted the afore-
mentioned hearing and afforded the property owner and other affected persons
the opportunity to speak and be heard on the subject of the verified statement
of expense;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
South San Francisco that it does hereby confirm the verification by its Chief
Building Inspector, H. J. Wittwer, dated October 9, 1981, which verification
is attached hereto as Exhibit "A" and incorporated by reference herein.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
Regular meeting held on the 4th day of November , 1981,
by the follOwing vote:
AYES: Councilmen Ronald G. Acosta, Mark N. Addieqo, Emanuele N. ~lamontp,
Gus Nicolopulos; and Councilwoman Roberta Cerri Teqlia
NOES: None
ABSENT: None
EXHIBIT "A" TO RESOLUTION NO. 137-81 ADOPTED
11/4/81
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
VERIFICATION
i, H. J. WITTWER, hereby declare'
I, am the Chief Building Inspector of the City of South'San. Francisco.
The following is a statement of expense in the matter of the abatement of the
building at 2304 Olympic Drive, South San Francisco, California, a public
nuisance.
Cost for demolition and removal of dilapidated building'
Placement of new pump well and PVC discharge line'
Total'
$7,400.00
561.60
$7,961.60
I declare under penalty of perjury that the foregoing is true and
·
_
correct. Executed in South San Francisco, California, on October 9, 1981 ,
1981.
EDGAR B..~TE'NART
~"'"~'RANKLIN C, STARK
JOHN F. WELLS
3ONALD L, EDGAR
~IC~ARD H. RAHL
ROBERT C, FIELD
GEORG~ F, DUNKER~
WH, BARRY BALAHUTH
RICHARD B, BEAUCH~SNE
UANET L, EVANS
DAVID I. ~ATZEN
FON. D A ~AREL~Z
ROBERT W, PAYNE
R, GORDON
STAItli, STE%VART, '~gELLS '& ROBINSON
ATTORNEYS AT LA~ f"~
FIDEL}TY PLAZA - 14T~ FLOOR HERbeRT L, BR~ED
_ _
180 GRAND AV[HUE /
TEL[PHONE [415) e34-~aoo OF COUNSEL
;j ~' NATHAN ~. ORAY
November a,. l~y
. GARRETT C, DAILEY
S0. SAN.
C. Walter Birke!o, City Manager
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Dear Sir:
Damage to the HOme of Mr. and Mrs. Edward Henderson
2304 Olympic .Drive, South San Francisco, CA.
We represent Mr. and Mrs. Edward Henderson, formerly residing at.
2304 Olympic Dr'ive.
We previously 'received from the Department of Public Services a
verified statement of costs involved in demolition of the' Hendersons'
house and the notice setting a hearing on those costs before the City
Council on November 4, 1981. According 'to the verified statement of
Mr. H. J. Wittwer, Chief Building inspector, the costs were $7,400 for
demolition and removal of the residence and $561.60 for placing a new
pump well and PVC discharge line. Based on this notice, we understand
that the Council will be asked to approve the costs and then assess them
against Mr. and Mrs. Henderson's property.
.
This letter, which is in lieu of a Personal appearance at the
hearing, is to protest any' assessment of the above charges against the
Hendersons. We ask that this letter be made part of the record in this
proceeding.
As you are probably aware~ there is now pending a lawsuit by 'the
Hendersons against the City and other defendants seeking damages for,
among other things, the ].oss of their home and real property. As a
result of the defendants' acts and omissions and through no fault of.
their own, the Hendersons were forced to evacuate their home of
approximately 17 years.
We contend that the above cost's of $7,961.60 are not properly
chargeable to the Hendersonso They are innocent parties whose property
has become dedicated to public use by virtue of ~_he water coursing
through and under it. In these circumstances, the charges are properly
C.. Walter Birkelo, City Manager
Page Two
November 4, 1981
borne by the community at large. This is particularly true regarding
the $561.60 which is for the placement of a new pump well and PVC
discharge line. That equipment supposedly is to control a continuing
problem which the City has not been able to solve. The function of the
pump is~ as we understand it, to protect nearby property and ther~'fo're~
constitutes a public use. There is no justification whatsoever for
this charge to be assessed against the Hendersons.
Mr. and Mrs. Henderson have already been through a terrible
ordeal, both'emotionally and economiCally. Since they are the victims
in this situation, they should not be asked to sacrifice further on
behalf of a problem not of their making.
MOreover, on June 19, 1980, Robert C. Field of this office, ~n a
letter to John Noonan, then City Attorney, offered the City a license
to enter the property to accommodate either demolition or removal of
the house and the performance of drilling or excavation activities as
the City deemed necessary, so long as the Hendersons' rights were
preserved and. they were absolved from any liability or expense. This
offer was in response to Mr. Noonan's earlier request for a license to
allow the City to enter the Henderson property. Although Mr. Noonan
expressed his opinion that the conditions were reasonable and ac-
ceptable to the City, the license was never formally prepared or
presented for execution by Mr. and Mrs. Henderson. It is our .under-
standing, however, that the City thereafter entered the Hendersons'
property to investigate, to attempt repairs and to perform other
activities related to the earth subsidence and damaged drainage
system. Upon learning of this, .our office wrote Robert S. 'Yee't
Director of Public Services, recounting these communications with Mr.
Noonan and stating that the Hendersons would not be responsible for any
costs the City incurred.
Under ail of the above circumstances, we strongly object to the
imposition of $7,960.16 in costs against the Hendersons: who bear no
responsibility for the situation giving rise to these costS.
Very truly yours,
STARK, STEWART, WELLS & ROBINSON
Fonda Karelitz
FK: bbc
cc: Honorable Gus Nicolopu!os.. Mayor: South San Francisco
Roberta Cerri Teglia, Vice Mayor
City Council Members' Acosta, Addiego and Damon·te
Robert K. Rogers., Jr., City Attorney
Robert S. Yee, Director of Public Services