HomeMy WebLinkAboutRES NO 169-93 RESOLUTION NO. I 6 9 ' 9 3
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD FINDING THAT CERTAIN WEEDS, GRASSES,
AND WASTE MATTER ON PROPERTIES IN
THE CITY OF BAKERSFIELD CONSTITUTE A PUBLIC
NUISANCE AND DIRECTING THE CHIEF OF THE FIRE
DEPARTMENT TO ABATE SUCH NUISANCE.
WHEREAS, on Wednesday October 27, 1993, a public hearing
was held before the City Council in order to determine if the
weeds, grasses, and waste matter on the property(ies) in
the City of Bakersfield, identified in Exhibit "A", had become a
public nuisance; and
WHEREAS, the owner of said property(ies) was duly notified of
the time and place of said hearing in accordance with the
requirement of Section 8.28.050 of the Bakersfield Municipal Code,
and
WHEREAS, the owner of said property(ies) being duly noticed
had an opportunity to appear before the Council and be heard on
this matter, and ample opportunity was allowed said property owner
to remove or cause said weeds to be removed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. That the City Council finds and determines that the
weeds, grasses, and waste matter existing upon the property
identified in Exhibit "A" hereto constitute a public
nuisance.
2. That the Chief of the Fire Department of the City of
Bakersfield is hereby directed to proceed with the work of abating
said public nuisance pursuant to the provisions of Chapter 8.28 of
the Bakersfield Municipal Code.
ORIGINAl
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 27th day of October, 1993,
by the following vote:
AYES: 0OUNOILMF~RS ¥e~q~#l~19', EBWAR~iS,..%.~~ SMITH, BRUNNI, '1~1~11~, ~
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMi~ER$ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 2,_~ day of October, 1993
NAYOR of the City of Bakersfield
APPROVED as to form:
ORIGINAL
EXHIBIT "A"
1. 295.71 acres north of Panana, west of Gosford Rd., east of Progress Rd.
ORIGINAL
In the Matter of
295.71 acres north of Panama,
west of Gosford Rd., east of
Progress Rd.
Declaration of Fire Chief
I, Stephen D. Johnson, declare:
1. I am the duly appointed and acting fire chief of the City
of Bakersfield, California.
2. Fire Department records reflect that since at least
August, 1993, the afore-mentioned property(ies) have been over
grown with weeds and littered with excessive debris. Several
telephone conversations attempting to resolve the matter by the
owners of the property(ies) have gone unheeded. The most recent
telephone conversation occurred on October 6, 1993.
3. The presence of the weeds and debris on the aforesaid
propert¥(ies) constitutes a fire hazard and a nuisance to the
public.
4. Records of the Bakersfield Fire Department reflect that
on October 7, 1993, Bakersfield Fire Department Fire Inspector
Tony DeMarco mailed a copy of said Notice to the owners of the
property(ies). Attached hereto as Exhibit "B" and incorporated
herein by this reference is a true and correct copy of the Notice
to Clean Premises.
5. The foregoing matters are within my personal knowledge
and if called as a witness herein, I could and would competently
testify thereto.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Executed this 7th day of October, 1993, at Bakersfield,
California.
ORIGINAl.
Re:
295.71 acres north of Panama Lane, west of Gosford
Road, east of Progress Road.
APN # 370-010-23
Owner:
Castle and Cooke Development Corporation
C/O Land Dept.
P.O. Box 11165
Bakersfield, Ca. 93389
NOTICE TO CLEAN PREMISES
NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8 of
the Bakersfield Municipal Code that weeds, grasses, and waste
matter upon property owned by you and/or on the abutting half of
the street, sidewalk space, and/or alley, in the City of
Bakersfield are a public nuisance in that they are a fire hazard
and any rubble, discarded asphalt and concrete, and other waste
material thereon that might interfere with the abatement of the
aforementioned public nuisance, are also a public nuisance.
YOU ARE HEREBY NOTIFIED that said public nuisances are
required to be abated within ten (10) days from the date of this
notice. If not abated by destruction and removal on or before such
time, the City of Bakersfield will abate the public nuisance or
cause the same to be abated, in which case the costs thereof will
be assessed against the land and become a tax lien thereon as
provided in Chapter 8 of the Bakersfield Municipal Code and will be
collected on the tax roll upon which property taxes are collected.
YOU ARE FURTHER NOTIFIED to appear before the City Council of
said City at its meeting at 7:00 p.m., on October 27, 1993
in the Council Chambers of the City Hall at 1501 Truxtun Ave.,
Bakersfield, CA, and show cause, if any you have, why said nuisance
should not be found to exist and the same ordered abated as
provided in said Chapter.
Dated: O~---'~--~,%~~ Chief t p en~
Chiefthe Ba~sfield Fire Dept.
EXHIBIT "B"
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