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Item No. 2 (continued) Phil Aaron, Attorney, 1000 Marshall Street, representing Mr. Hockaday, advised that the property has three liens against it, one held by his client; and that the owner has fi led a bankruptcy action. He requested a continuance of the hearing for three months, because within that time either the property will have been abated, or foreclosure proceedings will be completed. He stated that a large investment is at stake. Mario Biagi, Chairman of the Board, Bay Area Bank, advised that his bank is first lienholder on the property and has filed foreclosure, and so is also concerned regarding the status of the property. Coralin Feierbach, Brewster and Arguello, stated that the Parc Maison Homeowners Association, with which she is affiliated, favors demolition of the market. Kim Schoephoester, 1028 Arguello, supported demolition of the building. Judy Buchan, 1126 Allerton Street, supported demolition of the building. Mayor Britschgi invited anyone else present who wished to speak to do so. No one wished to speak. M /S: Rhodes /Stangel to close the public hearing. Carried unanimously, and public hearing closed at 9 :39 p.m. City Attorney Schricker advised Council that the primary focus of its determination should be on the physical condition of the buildings. He also noted that should the owner fail to abate the nuisance within thirty days, the costs to the City to abate the nuisance would ultimately be recoverable. Title read. M /S: Claire /Bury RESOLUTION CONDEMNING ABANDONED BUILDING AT 851 BREWSTER AVENUE AS A PUBLIC NUISANCE AND DIRECTING RECONSTRUCTION OR REMOVAL THEREOF Failed on the following tie vote: Ayes: Claire, Mosher, Britschgi Noes: Bury, Rhodes, Stangel M /S: Bury /Rhodes to continue the hearing closed for 30 days, and direct the Building Official to report back as to whether the undesirable elements of the nuisance (such as security of the premises, health hazards such as dead birds and bird droppings, rodents, insects, and similar unsanitary material, and a deteriorated marquee) have been abated. Carried by the following roll call vote: Ayes: Bury, Mosher, Rhodes and Stangel Noes: Claire and Mayor Britschgi MINUTE ORDER NO. 85 -124 ---------------------------------------------------------------------------- - - - - -- MINUTE BOOK NO. 46 Reg.Mtg. Page NO. 30 8/26/85 Page 3