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HomeMy WebLinkAboutRES NO 108-93 RESOLUTION NO. ~ 0 8 - 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 June 23, 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 23rd day of June, 1993, by the following vote: Council of the City of Bakersfield APPROVED this 23rd day of June, 1993 ~~of~ e~~/o/~f Bakers field APPROVED as to form: CITY ATTORNEY o/ the City ~tf Bak~trsfield / ORIGINAL In the Matter of Between 118 & 122 Hayes; 1521 E1 Toro; 115 Hayes; 1216 M ; 717 Sumner Declaration of Fire Chief 1420 Gorrill;) 1200,1206, ) ) 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 May 1993, the aforementioned properties have been over grown with weeds and littered with excessive debris. Several Fire Ordinance Violation Notices sent to the owners of the property have gone unheeded. The most recent of said notices was sent to the owners April, 1993. Attached hereto as Exhibits "A" and incorporated herein by this reference are true and correct copies of said notices. 3. The presence of the weeds and debris on the aforesaid properties constitutes a fire hazard and a nuisance to the public. 4. Records of the Bakersfield Fire Department reflect that on June 10 1993 , Bakersfield Fire Department Fire Inspector Tony DeMarco mailed a copy of said Notice to the owners of the properties. Attached hereto as Exhibit "B" and incorporated herein by this reference are true and correct copies 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 10th Day of June 1993, at Bakersfield, California. ~De ~i. ~_yJOhnsOn ORIGINAL EXHIBIT "A" 2. 3. 4. 5. 6. between 118 and 122 Hayes St. 1420 Gorrill 1521 El Toro 115 Hayes 1200, 1206, 1216 "M" 717 Sumner ORIGINAL Re: Between 118 & 122 Hayes Owner: Lewis H. Patton 8718 A ST. Oakland, Ca. 94621 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 June 23, 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: ~d~- /0! ~/~ Chi~ t ph~~. J~SO~ Chief the ~kersfield Fire Dept. EXHIBIT "B" 1 OF 6 ORIGINAL Re: Owner: 1420 Gorrill APN # 018-091-47 John F. Enriquez 1416 Beale Ave Bakersfield, Ca. 93305 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 June 23, 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: ~ 1~)l/~3 C~ of th~akersfield Fire Dept. EXHIBIT "B" 2 OF 6 Re: 1521 E1 Toro Owner: Manchester Mortgage Co. C/O Jean Roy 2610 West Shaw # 103 Fresno, CA. 93711 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 June 23, 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: ~4~ /d~,/~ Ch~f~eph D~. Johnson C~of th~Bakersfield Fire Dept. EXHIBIT "B" 3 OF 6 ORKJlNAL Re: Owner: 115 Hayes APN # 018-340-16 Sidney & Goldie McCown 4613 McCray St Bakersfield, Ca. 93308 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 June 23, 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: ~%~ %0, ~-~ Chi hnson Ch~of th~kersfield Fire Dept. EXHIBIT "B" 4 OF 6 ORI(31NAL Re: Owner: 1200, 1206, 1216 M St. APN # 006-430-10,11,12 William W. Guenther P.O. Box 5445 Bakersfield, Ca. 93388 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 June 23, 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: ~ /~),/9~ Ch~~eph n D.~~JOhnson C~ of t~akersfield Fire Dept. EXHIBIT "B" 5 OF 6 ORIGINAL Re: Owner: 717 Sumner St APN # 016-070-05 Rosalito Bannales Et AL. 738 Casa Loma East Bakersfield, Ca. 93307 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 June 23, 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: J~,~- /~, ~,~ Chief ~phe~s on Chi~of the B~hkersfield Fire Dept. EXHIBIT "B" 6 OF 6