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HomeMy WebLinkAboutRES NO 77-92 RESOLUTION NO. 77-92 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD FINDING THAT CERTAIN WEEDS GROWING 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 May 20, 1992, a public hearing was held before the City Council in order to determine if the weeds and debris on the properties in the City of Bakersfield identified in Exhibits "A" had become a public nuisance; and WHEREAS, the owners of said properties were duly notified of the time and place of said hearing in accordance with the requirements of Section 8.28.050 of the Bakersfield Municipal Code; and WHEREAS, the owners of said properties being duly noticed had an opportunity to appear before the Council and be heard on this matter, and ample opportunity was allowed said property owners to remove or cause said weeds and debris 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 and debris existing upon the properties identified in Exhibits "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 pursu- ant to the provisions of Chapter 8.28 of the Bakersfield Municipal Code. WA7:TD050692 .......... 000 .......... OR;G:~,~AL 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 May 20, 1992, by the following vote: Approved I,I~¥ 20, 1992 Clarence E. Medders Mayor of the City of Bakersfield Approved as to form: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield Lunardi ni ~_t City Attorney of the City of Bakersfield WA7:TDO50692.1 OR;G)NAL In the Matter of Declaration of Fire Chief 701 Union Ave., 119 I'L" St. ) Stephen D. Johnson 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 the properties located at 701 Union Ave., 119 "L" 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. 3. The presence of the weeds and debris on the aforesaid properties constitute a fire hazard and a nuisance to the public. 4. Records of the Bakersfield Fire Department reflect that on May 7, 1992, Bakersfield Fire Department Fire Inspector Tony DeMarco posted a Notice to Clean Premises at 701 Union Ave., 119 "L" St., Bakersfield, California, pursuant to the instructions of Fire Chief Stephen D. Johnson. In addition thereto, these records also reflect that Fire Inspector DeMarco mailed a copy of said Notice to the owners of the properties. Attached hereto as Exhibits "A" 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 May, 1992, at Bakersfield, California. SDJ/d WA7:SJ050692 OR;G:NAL CITY of BAKERSFIELD "WE CARE" FIRE DEPARTMENT S D JOHNSON FIRE CHIEF 2101H STREET BAKERSFIELD, 93301 326 3911 James R. Turner 11956 Kiowa Ave., #6 Los Angeles, CA 90049 Re: 701 Union Ave., Bakersfield, CA APN ~009-471-12, 13, 14 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8.28 of the Bakersfield Municipal Code that weeds, grasses, and dead shrubs 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 seven (7) days from the date of this notice. If not abated by destruc- tion 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 8.28 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 on Wednesday, May 20, 1992, at seven o'clock p.m., in the Council Cha~ers 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/ ~,/;?~;~_ WA7: SJ050692. i EXHIBIT "A" i OF 2 OR;G)t~AL CITY of BAKERSFIELD "WE CARE" FIRE DEPARTMENT S D JOHNSON FIRE CHIEF 2101H STREET BAKERSFIELD, 93301 326 3911 David V. Strong, Jr. 801 E. California Ave. Bakersfield, CA 93307 Re: 119 "L" St., Bakersfield, CA APN ~010-311-12 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8.28 of the Bakersfield Municipal Code that weeds, grasses, and dead shrubs 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 seven (7) days from the date of this notice. If not abated by destruc- tion 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 8.28 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 on Wednesday, May 20, 1992, at seven o'clock p.m., 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: S._F t~C~h i!~n~ WA7:SJ050692.2 EXHIBIT "A" 2 OF 2 OR;GINAL