HomeMy WebLinkAboutRES NO 136-91 RESOLUTION NO. 'l 36 - 91
A RESOLUTION OF lHE 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 July 17, 1991 , a public hearing was held
before the City Council in order to determine if the weeds and illegal tree on
the property in the City of Bakersfield, identified in Exhibit "A", had become a
public nuisance; and
WHEREAS, the owner of said property was 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 owner of said property 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 and illegal
tree 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 pursu-
ant to the provisions of Chapter 8.28 of the Bakersfield Municipal Code.
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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 17th day of July , 1991 , by the following vote:
AYES~ COUNC~LMEMOEBS~ EDWARD.~, DeMOND,~:;T;;, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
Council of the City of Bakersfield
APPROVED this 17Eh day of July , 1991
V±ce-MAYOR of the City o ld
APPROVED as to form:
ATTORNEY of the City of Bakersfield
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In the Matter of 1208 Pacheco )
Road, Bakersfield, Ca. )
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Declaration of Fire
Chief 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 since at least
December 13, 1988, the property located at 1208 Pacheco Road
has 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 February ?,
1991. 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 property constitutes a fire hazard and a nuisance
to the public.
4. Records of the Bakersfield Fire Department reflect
that on June 13, 1991, Bakersfield Fire Department Fire
Inspector Tony DeMarco posted a Notice to Clean Premises at
1208 Pacheco Road, Bakersfield, California, pursuant to the
instructions of then Acting Fire Chief Michael R. Kelly. In
addition thereto, these records also reflect that Fire
Inspector DeMarco mailed a copy of said Notice to the owners
of the property. Attached hereto as Exhibit "B" and
incorporated herein by this reference is a true and correct
copy of the Notice to Clean Premises.
4. 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 5th day of
California.
July, 1991, at Bakersfield,
Stephen D. '~ohnson
CITY of BAKERSFIELD
"WE CARE"
FIRE DEPARTMENT 2101 H STREET
D S NEEDHAM BAKERSFIELD, 93301
FIRE CHIEF 326 3911
Re:
~i71-010-43-00
vacant lot north side of Pacheco between Olivia & Ohman, Bakersfield, CA
1208 Pacheco, Bakersfield, CA
NOTICE TO CLEAN PREMISES
NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8.28 of the
Bakersfield Municipal Code that weeds, grasses, dead shrubs and dead trees
upon property owned by you and/or on the abutting half of the street, sidewalk
space and/or alley, in tile 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 aforemen-
tioned 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, July 17, i991, at eight o'clock p.m., in the
Council Chambers of the City Hall at 1501Truxtun 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.
M.R. Kelly, Acting ~hief of the Fire
Department of the City of Bakersfield
MRK/d
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Parcel Number
171-010-43
Properties Requiring Abatement
Property Owner
Gwendolyn J. Nolen, et al
4956 Kester St., #7
Sherman Oaks, CA 91403
Robert Nolen
#i Space Park
Redondo Beach, CA
90278
Description
1208 Pacheco
vacant lot
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