HomeMy WebLinkAboutRES NO 197-92 RESOLUTION NO. 197-92
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
(;ONSTITUTF A PbBL1C NUISANCE AND DIRECTING THE CHIEF OF
TH~ FIRE DEPARTMENT TO ABATE SUCH NUISANCE.
~HEREAS, on Wednesday ~eJ:~j~_~2, a public hearing
was held before the City Council in order %o determine if the
weeds, .grasses, and waste matter on the properties in the City of
Bakersfield, ideniified in Exhlb~ts "A", "B", "C" had become a
public~ nuisan~e; and
WHEREAS, the owners of said properties were duly notified of
~he time snd place of said hearing in accordance with the
requirement of Section 8.80.010 of the Bakersfield Municipal Code,
identified in Exhibits "A", "B", "C"; and
WHEREAS, ~he owners of satd properties being duly noticed had
an oppurtunity to appear before hhe Council and be heard on this
matter, and ample opportunity ~4as allowed said property owners to
NOW, THEREFORE, BE IT WESOLVED by the Council of the City of
Bakersfield as follows:
1.
That the City Council finds and determines thai; the
~.eeds, grasses, and waste matter existing upon 1. he properties
[d~mtified in Exhibits "A ..... C" '
, "B', , hereto constitute a public
ORIGINAL
2. That the Chief of the Fire Department of the City oF
Bakersfield is hereby directed to proceed with the work of abat]~g
said public nuisance pursuant 4. o the provisions of Chapter 8.28 of
the Bakersfield M,nJc!ipa~ Cod¢~.
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 21st day of October, 1992,
by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, 8RUNNI. PETERSON, McDERMOTT, SALVAGGIO
NOES, COUNCILMEMBERS:
ABSENT COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 21st day of October , 1992
VICTOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY~f the City of BakerSfield
ORIGINAL
In the Matter of
Vacant lot west of 1003 N St,
1413 Murdock St.
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
June 22, 1992 the properties located at Vacant lot west of 1003 N
St., and 1413 Murdock St. 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 on September 24,
1992. Attached hereto as Exhibit "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 October 8, 1992, Bakersfield Fire Department Fire Inspector
Tony DeMarco mailed a copy of said Notice to the owners of the
property. Attached hereto as Exhibits "B"~ and "C" and
incorporated herein by this reference are true and correct copies
of the Notice to Clean Premises.
5. The foregoing matters are
and if called as a witness herein,
testify thereto.
within my personal knowledge
I could and would competently
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Executed this 8th Day of October, 1992, at Bakersfield,
California.
ORIGINAL
FD 1916 {Roy,sod 8-15-86) EXHIBIT "A"
OCCUPANCY DISTRICT 8LOCK NO.
TO:
~'~0~ '~ec~nd St., 3ake~fiei~.
CORRECT ALL LOCATION OF VIOLATION
TITLE
· ~acanr lot ~,iv03 '"q" ~t.
CITY OF BAKERSFIELD
FIRE DEPARTMENT
FIRE ORDINANCE VIOLATION
F~RM OR D.B.A
REQUIREMENTS
3ATE
HOME PHONE
Combustible wmste / ;~,,~ Remove and safely dispose of all hazardous xefuse and dry vegetation on the above premises (UFC.) ALSO, .%E;..~oI,rE ALL W~EDS
2 Provide noncombustible containers with t~ght fi~mg gds for the storage of combustible waste and rubbish p~ding ~ts safe disgosal. (U FC.)
Combustible Storage 3 Relocate combushble sto~age to ~rovide at least 3 feet dearante around motor fuse bonfire door {N E C.) (U. FC J
Extinguishers 4 Relocatefireextmgmsheds) so that they wdl be m a conspicioas location hafging on brackets with the top to the extinguishe~ not more than 5 feetabovethefioor.~NF. PA.
{area). (U
6 Recharge ag fire extinguishers, Fire extingmshers shall be serocod at lease once each year, a~o~ after each use, by a person hawrig a valid license or ce~igcate.
Signs 7 Provide and maintain "EXIT' s~g~s) with le~ers 5 or more inches m height over each required exit {door/window) ~o fire escape. IU FC.)
,8 Provide and maintain appropriate numbers on ~ contrasting background and visible from the street to indicate the correct address of the budding. (B.M,C.) (U.F.C.)
1 6 REQUIREMENT
PAGE 1 of 9
ON / /19 ~ AN INSPECTION WILL BE MADE~ IF NO COMPLIANCE,
~ _~'~3 ) .- COURT ACTION MAY BE INITIATED.
AFTER VIOLATIONS ARE CORRECTED, RETURN
THIS NOTICE BY MAIL OR IN PERSON, TO:
BY OROER OF THE FIRE CHIEF
Fire Safety Control LEGEND: UF.C.
2101 "H" Street u.s.c.
Bakersfield, CA 93301 N. FP, A.
Phon~ 326-3951 N.E.C.
Uniform Fire Code ~._~ ~'~r~'~,l
Uniform Building Code
Bakersfield MumClOal Code
National Electric Code ORIGINAL
FD 1916 (Rowsod 8-15-86)
SECOND
OCCUPANCY DISTRICT BLOCK NO.
TO: ITITLE
ADDRESS C/O Dennis ~ A. Anthony
1308 Seconc St.~ B~,;~iield. CA
Combustible waste /
dl~ veqetation
gXHIBIT "A"
CITY OF BAKERSFIELD
FIRE DEPARTMENT
FIRE ORDINANCE VIOLATION
I
F{RM OR DBA
REQUIREMENTS
BUSINESS PHONE HOME PHONE
Remove aid safely dispose of all hazardous refuse and dry vegetation on the above premises (U.F,C.) ,kLS~,. i{E.'iO'~2 ,lJ~.'- ,~L~ .7E2D~ 5
,~MBUS~E~ ~UBBISH.
Prowde noncombushble contamers with light firing lids fm the storage of combustible waste and ~ubbish pending its safe disposal {U.F C.)
Combustible Storage 3 Relocate combustible storage ts provide at least 3 feet clearance around motor fuse box/fire door
(NE.C.) (UFC
Extinguishers
4 Relocate fireextinguished(s) sothattheywillbelnaconspiciouslocation. hangmgonbracketswiththetoptotheextinguishernotmorethan5 feetabovethefloor (NFPA.
5 Provide and install approved (type ~ size) portable fire extlngulShe
to be immediately accesmble for use in
(area) (U.F C
6 Recharge all fire extinguishers, Fire extinguishers shag be serviced at lease once each year, and/or after each use, by a person having a valid license or certificate. IU.F C
Signs , 7 Provide and maintain "EXIT' signls) with letters 5 or more Inches in height over each required extt (door/window) to fire escape. (U.F.C.)
8 Provide and maintain appropriate numbers on a contrastrag background and visible from the street to indicate the conoct address of the building. (B.M C.)
Fire door:/fireSeporatious 9 Repair all (cracks'holes/openings} in piaster m (lucation~. Plastehag shall rntum the surEace to its original fire resistive condition, (U.B.C
Exits
101(Remove-Repairt {itm~ 8 lucahan}. Self-closing dis shall be designed to close by gravity, or by the action of
merchanluat device. or by an approved smoke and heat sensitn~e device. Seg-ciosinq doors shall have no attachments capable of prevendnq the operedon of the closing devce (U F C
1 1;Remove all obstmcbon from haiNrays. Maintain all means of egress free It any storage. (U.F.C.)
Storage
Electrical Appliances
Provide a contrasting colored and permarmntly installed eleutdc hght over or neal required exit (location)
to aiendy ~ndicant tt as an exit {U. EC.)
Remove all storage and/m other obstmebor~ from ( fire escape landings and stalP~VayS stair shafrs). (Fire escapes/stair shafts are to be maintained free from obstructions a~ all dies.) ( U.[ C
41Extenslun co,ds shall ~ot ~ used in lieu of permanent approved wihag. Instail additional approved el~ctncal outlets where needed. (N. EC.) (U.E.C.)
Other
1 51 Remove mpehple attachment col~s Oil specl§ed elentdcal convenmnce outlet (one plug per outlet). (N.i: C.) (U.F.C.)
1 61 REQUIREMENT
PAGE 2 of 9
ON /
~0 3
AN INSPECTION WILL BE MADE. IF NO COMPLIANCE.
~2COURT ACTION MAY BE INITIATEE
AFTER VIOLATIONS ARE CORRECTED, RETURN
THIS NOTICE BY MAIL OR IN PERSON, TO:
Fire Safety Control
2101 "H" Street
Bakersfield, CA 93301
Phon~ 326-3951
By
LEGEND:
BY. ORDER OF THE FIRE CHIEF
INSPECTOR
Urnform Fire Code
ORIGINAL
BUSINESS LICENSE NO. PERMIT REQUIRED PERMIT
YES ~ NO ~
'BUSINESSPHONE ~k~ COt C~ HOMEPHONE
: 'q3~oq
PAGE 3 of 9
/
, DATE OF REINSPECTION [[~ (2) {3)
~INSPECTOR STATION/SHIFT/STATiON PHONE ~
o clrro~
~'~'~ J J ,~ EXHIBIT "A"
.073
FD 1916 (Revised 8-15-86) CITY OF BAKERSFIELD
FIRE DEPARTMENT
OCCUPANCY DISTRICT BLOCK NO. J gATE
FIRE ORDINANCE VIOLATION i5/3o/92
TO: TITLE FIRM 0R
CORRECT ALL LOCATION OF V~O~TION _~p~] ~ * ~
~O~3- ~ ~3-*~ ~
VIO~TIONS
CHECKED BELOW ~ ~I~
V~olanon NO. REQUIREMENTS
Combustible w.ste /
dry veqetation
Remove and safely dispose of ag hazardous rotuse and dry vegetahon on the above premises (U F.C,) :%L~O,
REMOVE .iLL i,iEEDS ~ T2.ASll.
2 Prowde noncombus, ble containers with right fdt~n9 lids for the storage of combustible waste and rubbish pending its sate disposal. (U.F.C.)
Combustible Storage 3 Relocate combustible storage to provide at toast 3 lent clearance around motor fuse box/fire door (NE C( (U FC.I
Extinguishers 4 Relocatefueextinguisher(s)sothat they willheld a conspicieusiocatmn, hangi,g on brackats w~h the top to the extingu~shernnt rnorethan5 fee above the Roor (N.~.PA #10)
5 Provide and install approved (type 6 size) portable fire extinguishe~
to be immediately accessible for use in
I afea)IUFC)
6 Recharge all fire extinguishers. Fire extinguishers shall be sem~ced at lease once each year, and/or after each use, by a person having a valid license or cettificate. (U F C',
Signs 7 Provide and maintain r EXIT' sign(S) wRh letters 5 or more inches in height over each required exit (door/window) to fire escape. {U.F C.)
18 Pipvide and maintain appropriate numbers on a contrasting background and visible from the street to red,cate the correct address of the buildin9. (B.M.C.) (U.F C.)
Fire doors/fire Separations; 9 Repair all (cracks/holes/openings) in plaster in (location), Plastering shall ~ntum the surlace to its original tim res~edve condition. (U.R.C.)
10:(Remove-Re~ad) (iT~n ~' location) Sedoclosing doors shall be designed to close by 9rarity, or by the actran of a
rnerchamcal device. or by an approved smoke and heat sensg~,e dewc~. Sel~-ciosinq doors shall have no attachments capable of prevenhng he ope eton of the closing device. )U.FC
Exits 1 1IRemove all obatmchon fmm hallways. Maintain all means of egress free of any attoage. (U. FC.)
1 2i Provide a contrasting cclo~ed and pmmanently installed ~eatdc light over or near required exit (IocatlDn)
:to clearly indicate it as an exit IU.F.C.)
? 31 Remove all storage and/or other ndstmctions from ( fire escape landings and ataimvays stair shafts).
1 41Extension cords shaft nnt be usnd in lieu of permanent approved widng. In~tall addlbonal approved eleatdcai ouRats where ne~dnd
Storage
Electrical Appliances
Other 16 REQUIREMENT
ON
/
7 21
PAGE 4 of 9
AN INSPECTION WILL BE MADE, IF NO COMPLIANCE,
COURT ACTION MAY BE INITIATED.
AFTER VIOLATIONS ARE CORRECTED. RETURN
THIS NOTICE BY MAIL OR IN PERSON. TO:
Fire Safety Control
2101 "H" Street
Bakersfield, CA 93301
Phone 326-3951
By
LEGEND:
BY ORDER OF THE FIRE CHIEF Date CornDieted:
U.F.C. * Unifo~n Fire Cod.
U.B.C. - Undornn Budding Code
B,M.C, - Bakersfield Municipal Code
N. EC. - Nat,onal ~1.o.,. cod. ORIGINAL
EXHIBIT "A"
FIRE DEPARTMENT
OCCUPANCY DISTRICT
*" FIRE ORDINANCE VIOLATION
Combustible wests /
dry veqetation
Remove and sofely dispose of all hazardous refuse and dry vegetation on the above premises 0J.F.C.) AL~O. RE..~V,. ALL '~EEDS & TRASii
Provide noncombustible containels with tlgth fitting lids for the storage of combustible waste and rubbish pending its safe disposal. (U. FC)
Combustible Storage 3 Relocate combustible storage to provide at leant 3 feet clearance around montr fuse box/tire door (bE.C) (U.F C
Extinguishers 4 Relocatefireextinguisher(s)sothat theywdlbein a conspmiouslocatlon, hanging on bracknts wRh the top to tbe exhnguishernnt morethan5 fentabovethefioor (N.F P A
5 Provide and install approved (type ~' size) periable fire extmguishP
to be immediately accessible for use m
larea) (U.FC
6 Recharge all fire extinguishers Fire extinguishers shall be senncod at lease once each year, and/or after each use, by a person hayrag a valid license or certificate. (U F
Sig.s 7 Provide and maintain *EXIT' sign{s) with letters 5 or more inches in height over each required exit (door/window) to fire escape. (U.F C.)
8 Provide and maintain appropnate numbers on a contrasting background and visible from the street to mdicote the correct address of the bunding.
Fire doo~s/fireSeparations~ 9 Repair all tcracks,'hofes/epenings) in piaster in (IncaNertl Plastenng shall rmum the surfac~ Io its onginat fire resistive condibort (U. 8. C
1 O1( Remove- Repair) '"
{it~n ~t location). Self-closing doors shall be designed to close by gra~ty, or by the action of
: memhamcal device, or by an approved smoke and heat sensb~ve device Self-closmq doors shall have re attachments capable of preventing the operation of the closing device, (U.EC
Exits 1 1!Remove all obstruction from ballways. Maintain all means of egress free of any storage, (U.EC.)
Provide a contrasting colornd and permanently installed electep light over or near re~ulrnd exit (IocntmnI
to clearly~iedicate it as an ex~- {U.F C.}
Remove all storage and/or other obs~ctions from ( fire escape landings and sta*t~vays stair sbeRs) ( Rre escapes/sta~r shafts are to be maltaired ft~ from obstmcbons at all firnos. t { U. F. C
Electrical Appliances
1 41Exlension colds shall not be used in tieu of bellanent applerod widnB Install additional appmvep electopal nutlets where needed. (N. EC.) IU. EC.}
Remove mu[ibple attachment cords from specibep electrical convenience ougst (one plug per oudst), {N.£C.) {U.F.C,)
Other 1 6 REQUIREMENT
ON
PAGE 5 of 9
/ /19 AN INSPECTION WILL BE MADE, IF NO COMPLIANCE,
,~ 20 12 COURT ACTION MAY BE INtTIATED.
AFTER VIOLATIONS ARE CORRECTED, RETURN
THiS NOTICE 8Y MAIL OR IN PERSON, TO:
Fire Safety Control
2101 "H" Street
Bakersfield, CA 93301
Phon~. 326-3951 4.
LEGEND:
BY ORDER OF THE FIRE CHIEF
B. MC
INSPECTOR
Umto~ Fire Code
Uniform Building Code
Bakersfield Mumc~pal Code
National Fire ProrecDon Association..
National Electric Code
ORIGINAL
EXHIBIT "B"
Vacant lot west of 1003 N ST.
APN # 009-102-13
Lonzetta Scott TRS.
C/O Dennis A. Anthony
1308 Second ST
Bakersfield~ CA. 93304
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 21, 1992
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: ~::~,~.~//~2-,,- Chi~S~ep~hnson
Ch~of t~Bakersfield Fire Dept.
EXHIBIT "C"
Re:
Owner:
1413 Murdock St./ APN # 018-123-09
Jesusa A. Ruiz
1413 Murdock St.
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 abatedr 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 21, 1992
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: /~ Chief e~~en . $~
~CT,~! Chie~ the B~ersfield Fire Dept.
ORIGINAL