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
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