HomeMy WebLinkAboutRES NO 184-92 RESOLUTION NO. ___1_~-~__ _
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD FINDING THAT CERTAIN WEEDS~ DEBRIBt
JUNK VEHICLES AND DISCARDED ARTICLES GN PROPERTY IN
THE CITY OF BAKERSFIELD CONSTITUTE A PUBLIC
NUISANCE AND DIRECTING THE CHIEF OF THE FIRE
DEPARTMENT TO ABATE SUCH NUISANCE.
WHEREAS~ on Wednesday September 30~1992~ a public hearing
was held before the City Council in order to determine if the
weeds~ debris~ Junk vehicles~ and discarded articles on the
property in the City of Bakersfield~ identified in Exhibit "A"~ had
become a public nuisance; and
WH£REAS~ the owner of said property was duly notified of the
time and place of said hearing in accordance with the requirement
of Section 8.80.010 of the Bakersfield Municipal Code.
WHEREAS~ the owner of said property being duly noticed had an
opportunity to appear before the Council and be heard on this
mattsr~ and ample opportunity was allowed said property owner to
remove or cause said weedst debris~ junk vehiclest and discarded
articles to be removed.
NOW~ THEREFOREt BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. That the City Council finds and determines that the
weeds, debris~ junk vehiclest and discarded articles existing upon
the property identified in Exhibit "A" hereto constitute a public
nuisance.
2. That the Fire Chief of the Fire Department of the
City of Bakersfield is hereby directed to proceed with the work ~
abating said public nuisance pursuant to the provisions of Cha~er
8.28 of the Bakersfield Municipal Code. O~I~iNA~
t 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 30th day of September, 1992,
by the following vote:
AYES; COUNCILMEMI~ERS EDWAROS, OeMOND, SMITH, BRUNNI, PLr~, NIcDERMOTi~. SALVAGGIO
NOES; COUNCILt,~:_MEIERS: c, ~ ~
~SENT COUNC~LMEUBERS: '
~IN: CGU~ILMEMBERS'
CITY CLERK and Ex Offlcto Clerk of the
Council of the City of Bakersfield
APPROVED this 30th dsy of September, 1992
MAYOR of the City of Bakersfield
APPROVED ~s to form:
ORIGINAL
In the Matter of
311Garnsey Road)
Declaration of Fire Chief
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 19~19B2~ the property located at 311 ~arnsey Road has been
over grown with weeds~ debris Junk vehicles and discarded articles.
A Fire Ordinance Violation Notice issued to the owners of the
property have gone unheeded. The most recent of said notice was
issued to the owners on August 19th~ 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~
discarded articles on the aforesaid
hazard and a nuisance to the public.
debris~ Junk vehicles, and
property constitutes a fire
4. Records of the Bakersfield Fire Department reflect that
on September 21, 1992, Bakersfield Fire Department Fire Inspector
Tony DeMarco mailed a copy of said Notice to the owners of the
property. Attached hereto as Exhibit "A" and incorporated herein
by this reference is a true and correct copy of the Notice to Clean
Premises.
and if
testify
The foregoing matters are within my personal knowledge
called as a witness herein~ I could and would competently
thereto.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Executed this 21st Day of September, 1992
at Bakersfield, California.
CITY of BAKERSFIELD
"WE CARE"
EXHIBIT "A"
FIRE DEPARTMENT 2101 H STREET
S D JOHNSON Re: 311 Garnsey Road
BAKERSFIELD. 93301
FiRE CHIEF 326-3911
Sharon L. Tolbert
311Garnsey Road
Bakersfield~ Ca. 9@509
NOTICE TO CLEAN PREMISES
NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8 of
the Bakersfield Municipal Code that weedst debris, Junk vehicles
and discarded articles 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 nuissnce.
YOU ARE HEREBY NOTIFIED that said public nuisance is 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 ?:00 p.m.~ on September ~Oth~ 1992
in the Council Chambers of the City Hall at 1501 Truxtun Ave.~
Bakersfield, CAt 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.
OR~GiklAL
316 (R~ised 8-1~-86) EXH )BIT
CUPANCY DISTRICT BLOCK NO
TO:
ADDRESS:
CORRECT ALL LOCATION OF VIOLATION
OF 51 650
FIRE DEPARTMENT ·
DATE
FIRE ORDINANCE VIOLATION
VIOILATIONS
CHECKED BELOW
Combustible waste /
C0mbustible Storage
REQUIREMENTS
i~umove and safely dispose of all hazardous refuse a~ld dry vegetatmn on the above premises (U.F.C.)
2 Prowde noncombustible contamers with tight fitting lids for the storage of combustible waste and rubbish pending its safe disposal )U.F C)
3 Relocate combustible storage to provide at least 3 feet clearance around motor fuse box/fire door
Extinguishers
Signs
(NE.C)
Relocate fi~e extinguishe~(s) so that they wdl be in a consp~cious Iotahob hanging on brackets with the top nt ~he extinguisher not more than 5 feet above the floor. (N F p A
Provide and instag approved (b/pe ~ size) pottabte fire extinguisher
to be immediately accessible for use in {area) (U F.C)
Recharge all fire extinguishers Fire extinguishers shall be serviced at lease once each year, and/or after each use, by a persire having a valid license or certificate (U F C,)
Provide and maintain "EXIT" signjs} with letters 5 or more inches m height over each required exit ldoor/window) to fire escape. (U F.C.)
Provide and maintain appropriate numbers on a contrasting background and visible from the street to indicate the correct address of the building. (B M.C.)
Firedoors/fireSeparations 9 Repair all (cracks/holes/openings) in plaster
(location) Plastering shall rerum the surface to gs Obglnal fire resistP~e condition. (U.B.C)
10!(Remove-Repair} {item ~ location), Serf-dosing doors shall be designed to close by gramS. or by the action of a
merchamcai device, or by an approved smoke and heat senserve device Self-dosmq doors shall have no attachments capable of preventing he ope uton of the ciosrdq device. (U EC.)
1 1:Remove all obstruction from hallways. Maintain all means of egress free of any utnrage. (U F.C.)
Elactrical Appliances
1 2! Provide a cornrusting colored and permane~ly installed e~ectdc light over or near required exit (location) Ita deady indicate it as an exit
1 3i Rem°ve all st°rage and/°r other °bstmcti°~ fr°m(fire escape landings and stai~vays stair shafts)(Fire escapesYstair shafts are to be mardtained free ftom obsb, uctions at all braes,) (U F.C,)
'f 4J Extension cords shall not be used Jn lieu of permanent approved ~hng. Install additional approved electrical outlets where neede4 (NE.C.) (U,F.C.)
l 5, Remove mulibple attachment cords from spelled electrical convenience outlet (one plug per outlet). (N.E.C.) (U.F.C.)
1 6 REQUIREMENT
ON ~/,~jl /19~,ZAN INSPECTION WILL BE MADE, IF NO COMPtlANCE,
COURT ACTION MAY BE limATED.
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
2 OF 2
LEGEND: U. FC, - Uniform Fire Code
U,B.C. * Undofro Building Code ~ ~
B. MC Bakersfield Municipal Code
N.F PA Nattonal Fire Protection /kssociatmon ~
N.E.C. National E~ectrfc Code ~ ~
ORIG;NAL