The URL can be used to link to this page

Home My WebLink AboutRES NO 189-91RESOLUTION NO.,'~ 8 9 - 9 1 A RESOLUTION SETTING THE TIME AND DATE FOR HEARING A REPORT OF THE BUILDING DIRECTOR CONCERNING ABATEMENT OF A HAZARDOUS HEALTH NUISANCE AND HEARING PROTESTS OR OBJECTIONS THERETO. WHEREAS, the health officer has declared, "This dwelling is substandard and is a nuisance that endangers the life, limb, health, property, safety or welfare of the public or occupants..." referred to in Exhibit B and the Building Director has determined that the lot and dwelling unit is a nuisance under the provisions of the Uniform Housing Code, 1988 Edition; and WHEREAS, The lot and building referred to in exhibit "A" have been cleaned under the supervision of the Building Director in accordance with the provisions of the Code referred to above, and the Building Director has kept an itemized account of the expense incurred by the City of Bakersfield in the clean up referred to in Exhibit A of said lot and building and has filed his report with the City Clerk specifying the work done, the contractual cost of the work done, a description of the real property upon which the building is located and the names and addresses of the persons entitled to notice, and said report has been presented to the City Council for consideration. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure was located and the names and addresses of the persons entitled to notice, prepared and submitted by the Building Director of the City of Bakersfield, is hereby attached as Exhibit "A" and is incorporated herein by reference as though fully set forth. 2. That WEDNESDAY, October 2, 1991, at the hour of 7:00 P.M. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the date and place of hearing upon the Building Director's Report, at which time the City Council will hear and pass upon the Report, together with any objections or protests which may be filed by any person interested in or affected by the proposed assessments. 3. That the Notice referred to above shall be in substantially the following form: CITY OF BAKERSFIELD NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR THE ABATEMENT OF A HAZARDOUS HEALTH NUISANCE AND OF PUBLIC HEARING THEREON. NOTICE IS HEREBY GIVEN that the Building Director of the City of Bakersfield (Building Official) has filed with the City Clerk of Said City a Report and Assessment concerning the abatement of a hazardous health nuisance within said City, a copy of which is posted on the Bulletin Board near the entrance to the City Hall at 1501 Truxtun Avenue, Bakersfield, California. Said Report and Assessment List is attached hereto as Exhibit "A" and is by this reference incorporated herein. NOTICE IS FURTHER GIVEN that on WEDNESDAY, October 2, 1991, at the hour of 7:00 P.M. in the Council Chambers of said City Hall, said Report and Assessment List will be presented to the City Council of said City for consideration and confirmation, and any and all persons interested having objections to said Report and Assessment List, charge, or to any other matter relating thereto, may appear at said time and place and be heard. Any person interested in or affected by the proposed charges or assessments may file written protests or objections with the City Clerk at any time prior to the hearing. NOTICE IS FURTHER GIVEN that upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the Report of the Building Director, together with any such objections or protests. The Council may make such revision, correction or modification in the Report or the charge as it may deem just, and when the Council is satisfied with the correctness of the charge, the Report (as submitted or as revised, corrected or modified), together with the charge, shall be confirmed or rejected. The decision of the City Council on the Report and the charges or assessments, and on all protests or objections, shall be final and conclusive. NOTICE IS FURTHER GIVEN that the property owners named in Exhibit "A" may pay, or cause to be paid, said charge at the Office of the Finance Director, 1501 Truxtun Avenue, Bakersfield, California, at any time before 5:00 P.M. on October 12, 1991, and if not paid within such time, the charge shall be assessed against the property, the assessment shall be confirmed and recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property. Asst. CITY CLERK and Ex O~f~cio Clerk of the Council of the ~City of Bakersfield 4. That the City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in the Bakersfield Californian, and served by certified mail, postage prepaid, addressed to the owner of the property as his/her name and ~dd~ess appear on the last equalized assessment roll of the County, f such so appear, or as known to the Clerk, and such notice shall be given at least ten (10) days prior to the date hereinabove set for hearing. .......... o0o .......... I HEREBY CERTIFYthat the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 1 lqqi , by the following vote: AYES: COUNCILMEMBERS: EDWARd§. DeMOND, SMITH. BRUNNI, PETERSON, McDERMO~, SALVAGOIO NOES: COUNCILMEMBERS ~E ~SENT COUNCILMEMBERS ~E ABSTAIN COUNCIlMEMBERS. ~E ASSISTANT CITY CLERK ~d'Ex Officio Clerk of the Council of the City of Bakersfield APPROVED_ $EP I ~ J991 CLARENCE E. ~DDERS ~YOR of th~ City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield JH/kg Attachment Exhibit "A" REPORT ON ASSESSMENT FOR THE ABATEMENT OF A HAZARDOUS HEALTH NUISANCE In the matter of cleaning and removing to an approved landfill rubbish, refuse, garbage, and or any deleterious materials found on the lot and dwelling of 1920 Clark Avenue in the City of Bakersfield, California, as provided by Chapter 10 and 14 of the Uniform Housing Code, 1988 Editions, and pursuant to my order as Building Director. I, C. A. Bidwell, Building Director of the said City of Bakersfield, do hereby certify that the contractors have performed the work as authorized by me as the Building Director of the City of Bakersfield to clean and remove to an approved landfill rubbish, refuse, garbage, and or any deleterious materials found on the property listed upon the attached sheet, and I have accepted the work contracted for and that the amount due for the work performed by said contractor, together with incidental costs are listed on the attached sheet, Exhibit "A." DATED Co A. Building Director Filed with the City Clerk on September 17, 1991 RDber~a Gafford Asst. City Clerk Exhibit "A" DEMOLITION AND REMOVAL Parcel Number 023-123-10 Property Owner Gaye Bernstein Description 1920 Clark Contract Price $6,420.00 Incidental Cost 606.17 Total Cost $7,023.17 EXHIBITA RESOORCE MANAGEMENT AGe. NCY RANDALL L. ABBOTT DIRECTOR DAVID PRICE ASSISTANT DIRECTOR STEVE McCA! ! Iq,, RI~I~, D~J~C'TOR ENVIRONMENTAL HEALTH SERVICES DEPARTMENT July 17, 1991 Jack Highfill, Supervisor Building Department City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA 93301 Re: 1920 Clark Avenue, Bakersfield, CA Dear Mr. Highfill: Our Depmtment made a joint inspection of the referenced premi.~es at your request, 2:00 p.m., July 15, 1991. We were admitted by a white female, aged 57 years, who identified herself as Becky Bernstein Prynor. Conditions Observed: Two inoperable automobiles, one parked in the driveway, the other in the front yard. The one in the yard was almost full of trash (canned and packaged food, clothing, etc.) It appeared someone had been sleeping Ln the front seat passenger side..~ne second car was not unlocked but Ms. Prynor said it was the same. Canned and packaged food containers, full and empty, were around the vehicles, front of house, and on shelving in front of the garage. In the same location were plastic garbage bags full of unknown contents and other trash. Cats of all sizes were in the front yard, on the roof and in the trees. Some appeared to have poss~le eye and skin infections. An ice chest with it~e cubes and container of cottage cheese was on the ground in front of the car. 5. Stench of animal urine and feces and of decaying organic matter was strong. ~ · 2700 "M" STREET, SUlig 300 BAKERSFIELD, CALIFORNIA 93301 '-- EXHIBIT B Jack Highfill, Super, visor July 17, 1991 Page 2 6. Windows covered with wrought iron grills makes emergency escape impossible. The interior of the house is uninhabitable due to waist high accumulation of trash, clothing, food containers, etc., which block access to the bathroom, kitchen sink and refrigerator. Movement throughout the house is difficult and is restricted to where the debris and litter is only a foot or so deep. 8. Combustible material is stored against almost the full height of the space heater. 9. The occupant was smoking in the midst of the combustible litter. 10. Heavy coverings of spider webs hung from the ceilings, walls and drapes. 11. There is evidence of rodent infestation. 12. A pervading offensive odor of urine and decaying organic material is present. 13. The rear yard is covered fence to fence with junk and trash of every description. This dwelling is substandard and is a nuisance that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof due to the existence of the aforementioned conditions. Conclusion: The trash and litter should be removed from the interior and exterior of the premises and transported to the sanitary landfill within ten days. The S.P.C.A. should remove the cat population. The city should seek a summary abatement. FP:ch Sincerely, ~ Fred Patterson, R.E.H.S. Environmental Health Specialist IV Housing Program Manager EXHIBIT B