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HomeMy WebLinkAboutRES NO 156-00RESOLUTION NO. 1 5 ~J - 0 0 A RESOLUTION UPHOLDING AN ORDER FOR THE ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 205 WOOD STREET WHEREAS, the owners of the real property located at 205 Wood Street were first notified by the City on September 6, 2000, of a public nuisance (overgrown weeds, junk, trash and debris) existing at 205 Wood Street and a three (3) week extension until October 2, 2000, was granted by the City for the property owners to complete the cleanup of the public nuisance; and WHEREAS, the City conducted a reinspection on October 4, 2000 and only minimal clean up had been done and the property owners were given a second notice and opportunity to appear at a hearing to discuss the public nuisance; and WHEREAS, on October 31, 2000, a hearing was conducted before the building director to consider the existence of a public nuisance consisting of overgrown weeds, junk, trash and debris located at 205 Wood Street and after receiving all the evidence presented, the hearing officer found that in fact a public nuisance did exist and ordered its abatement; and WHEREAS, Norman and Martha Walters (Appellants) filed an appeal to the hearing officer's decision in accordance with ordinance requirements; and WHEREAS, the City Council through the City Clerk did set WEDNESDAY, December 13, 2000, at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said appeal; and WHEREAS, the City Council did hear all evidence presented at the aforementioned hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. The above recitals, incorporated herein, are true and correct. The Council hereby finds that the condition of the property located at 205 Wood Street constitutes a public nuisance in violation of Bakersfield Municipal Code chapter 8.27 et seq. in that the subject property contains an accumulation of overgrown weeds, junk, trash and debris as demonstrated by the evidence provided in the City staff report and the evidence presented at the hearing, all of which shall constitute the administrative record supporting the finding made herein. The order of the hearing officer is hereby upheld and the appeal of the appellants is hereby denied. Appellants shall have thirty (30) days from the date of adoption of this resolution to abate the accumulation of overgrown weeds, junk, trash and debris from the property located at 205 Wood Street, Bakersfield, California, and failure to do so shall authorize the City to abate such nuisance and make the cost thereof a lien on the property in accordance with the provisions of the Bakersfield Municipal Code. .......... O00 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and ado~t~.d hv the Council of the City of Bakersfield at a regular meeting thereof held on DEC 1 .'{ 20On . by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ~JOt, J ~ COUNCILMEMBER ¢',J o ~ .~_ COUNCILMEMBER DEC 1 3, Z000 APPROVED BOB PRI MAYOR of the City of Bakersfield CITY CLERK and Ex Offi of the Council of the City of BakersfieFd APPROVED as to form: BART J. THILTGEN CITY ATTORNEY BY:. ,<./? CARL HERNANDEZ III Deputy City Attorney December 14, 2000 waltersres 2