HomeMy WebLinkAboutResolution 2025-028City of Atascadero
Resolution No. 2025-028
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RESOLUTION NO. 2025-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA DECLARING A PUBLIC NUISANCE AT 4543 YERBA
AVENUE, ATASCADERO, CALIFORNIA 93422 (ASSESSOR PARCEL
NUMBER 028-151-017) AND ORDERING ABATEMENT OF THE PUBLIC
NUISANCE
WHEREAS, from approximately September 2020 to present, City Code
Enforcement Officers have responded to citizen complaints and conducted inspections
of the property located at 4543 Yerba Avenue, Atascadero, California 93422 (APN 028-
151-017) (“Property”); and
WHEREAS, the legal owner of record of the Property is Ms. Terri Stinson
(“Property Owner”); and
WHEREAS, the City has issued the Property Owner multiple warning letters
and administrative citations due to various Atascadero Municipal Code and adopted
code violations related to the unlawful accumulation of debris and waste, improper
storage of inoperative vehicles, accumulation and storage of combustible material
constituting a fire, health or safety hazard, and failure to maintain safe, continuous and
unobstructed paths of travel to and from the building; and
WHEREAS, despite efforts by the City to engage with the Property Owner, the
Property remains in violation of the Atascadero Municipal Code, the California Health
and Safety Code, the International Property Maintenance Code and the California Fire
Code; and
WHEREAS, the Atascadero Municipal Code Section 9-8.106 defines a public
nuisance as “Any condition declared by statute of the State or ordinance by the City to
be a nuisance; Any public nuisance known at common law or equity; Any condition
dangerous to human life, unsafe, or detrimental to the public health or safety; Any use of
land, buildings, or premises established, operated, or maintained contrary the provisions
of this title”; and
WHEREAS, the Atascadero Municipal Code Section 12-1.02 provides that “any
condition caused or permitted to exist in violation of any of the provisions of this Code,
or its adopted Codes, shall be deemed a public nuisance…”; and
WHEREAS, City Code Enforcement determined that a nuisance exists on the
Property and on April 8, 2025, Code Enforcement personally served the Property Owner
and posted conspicuously on the Property a Notice of Nuisance Abatement describing
the nuisance conditions on the Property and ordering such conditions be abated within
30 days pursuant to Atascadero Municipal Code Section 9-8.107(a); and
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Resolution No. 2025-028
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WHEREAS, on May 12, 2025, Code Enforcement inspected the Property and
found the nuisance conditions had not been abated and personally served the Property
Owner and posted conspicuously on the Property a Notice of Nuisance Abatement
Hearing pursuant to Atascadero Municipal Code Section 9-8.107(b) notifying the
Property Owner of a hearing before the City Council on May 27, 2025 to determine the
existence of a nuisance and order abatement thereof; and
WHEREAS, pursuant to Atascadero Municipal Code Section 9-8.107(c), the
City Council of the City of Atascadero conducted a public hearing regarding the
nuisance conditions on the Property fifteen days after service of the Notice of Nuisance
Abatement Hearing at its duly noticed regularly scheduled meeting on May 27, 2025.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero:
Section 1. The above recitals are true and correct and incorporated herein as
factual findings in support of the action taken by this Resolution.
Section 2. The Atascadero Municipal Code Section 9-8.106 defines a
nuisance as follows:
“A nuisance is any of the following:
(a) Any condition declared by a statute of the State or ordinance by the City to be
a nuisance.
(b) Any public nuisance known at common law or equity.
(c) Any condition dangerous to human life, unsafe, or detrimental to the public
health or safety.
(d) Any use of land, buildings, or premises established, operated, or maintained
contrary to the provisions of this title.”
Additionally, Atascadero Municipal Code Section 12-1.02 provides:
“In addition to the penalties provided in this chapter, or elsewhere in this Code, or
in any Code adopted by reference by this Code, any condition caused or permitted
to exist in violation of any of the provisions of this Code, or its adopted Codes,
shall be deemed a public nuisance and may be abated by the City, and each and
every day or portion thereof that such condition continues shall constitute a
separate and distinct offense.”
California Civil Code Section 3494 further authorizes the City to abate the public
nuisance:
“A public nuisance may be abated by any public body or officer authorized
thereto by law.”
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Resolution No. 2025-028
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Section 3. At the meeting on May 27, 2025, the City Council considered
whether the conditions existing at the subject property constitute a public nuisance. All
evidence, both written and oral, presented during the meeting were considered by the
City Council in making its determination.
Section 4. A record of the proceeding indicates the following:
A. The Property is a single-family home.
B. On September 22, 2020, City Code Enforcement responded to a complaint on the
Property and opened a Code Enforcement item for the Property due to a violation
of Atascadero Municipal Code Section 9-6.103(g) related to outdoor storage of
scrap, junk, and miscellaneous articles and materials in excess of 200 square feet,
five feet of height, and confined to the buildable area of the lot. On March 4,
2021, the City issued the Property Owner an administrative citation for violation
of Section 9-6.103(g). The City issued a second administrative citation for
violation of Section 9-6.103(g) on March 31, 2021. From the period of 2021 to
present, the City received numerous complaints from citizens regarding the
accumulation of debris in the front of the property attracting pests and vermin,
storage of abandoned vehicles, and fire and safety hazards on the Property. On
September 7, 2022, a fire occurred in the back yard of the residence. On
September 21, 2022, the City issued the Property Owner a formal warning letter
identifying and requiring the Property Owner to correct violations of the
following local and state laws creating unsafe and uninhabitable conditions at the
Property: Atascadero Municipal Code Sections 6-4.03, 9-6.103(g), and 9-
6.103(d)(3), California Health and Safety Code Section 17920.3(h) and (j),
International Property Maintenance Code Sections 302.1, 302.3 308.1, and 702.1,
and California Fire Code Sections 304.1, 315.4, 104.3 , 104.10, 104.11, and
104.11.12. On August 19, 2023, in response reports of illegal burnings at the
Property, the Atascadero Fire Department issued the Property Owner a formal
warning regarding illegal burning. Code Enforcement has routinely inspected the
Property and communicated with the Property Owner to monitor progress toward
correction of the violations, performing approximately monthly inspections from
2022 to present.
C. The City’s attempts to obtain voluntary compliance from the property owner have
been unsuccessful.
Section 5. Based upon information provided to the City Council and on
substantial evidence in the record, the City Council hereby finds and declares that the
Property is a public nuisance pursuant to Chapter 9-8 of the Atascadero Municipal Code.
The City Council further directs staff prepare a notice of order to abate to the Property
Owner in accordance with Section 9-8.107(c) of the Atascadero Municipal Code
directing the Property Owner to complete abatement within forty-five (45) days of
service of the notice. In the event abatement is not completed in accordance with the
terms set forth herein, the City Council authorizes the Enforcement Officer, or his or her
designee, to abate the nuisance.
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Resolution No. 2025-028
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Section 6. The City Clerk shall certify to the adoption of this
Resolution and hereafter the same shall be in full force and effect.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
27th day of May 2025.
On motion by Council Member Funk and seconded by Council Member Newsom,
the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADERO
_______________________________
Charles Bourbeau, Mayor
ATTEST:
________________________________
Lara K. Christensen, City Clerk
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