HomeMy WebLinkAboutRES NO 144-01RESOLUTION NO. I ZJ: ~: - 0 ].
A RESOLUTION UPHOLDING AN ORDER FOR THE
ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 4200
COTTONWOOD ROAD.
WHEREAS, the owner of the real property located at 4200 Cottonwood Road was
first notified by the City on June 21, 2001, of a public nuisance (junk, trash, junk vehicles
and junk equipment) existing at 4200 Cottonwood Road; and
WHEREAS, the City conducted a reinspection and the property owners were given
a second notice and opportunity to appear at a headng to discuss the public nuisance; and
WHEREAS, on August 7, 2001, a hearing was conducted before the building
director to consider the existence of a public nuisance consisting of junk, trash, junk
vehicles and junk equipment located at 4200 Cottonwood Road 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, Kenneth Edwards (Appellant) 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,
September 5, 2001, 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 4200
Cottonwood Road constitutes a public nuisance in violation of Bakersfield
Municipal Code chapter 8.27 et seq. in that the subject property contains an
accumulation of junk, trash, junk vehicles and junk equipment 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 headng officer is hereby upheld and the appeal of the
appellant is hereby denied.
Appellant shall have forty-five (45) days from the date of adoption of this
resolution to abate the accumulation of junk, trash, junk vehicles and junk
equipment from the property located at 4200 Cottonwood Road, Bakersfield,
Califomia, 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 adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on q~) 5 ~131
by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~'-~oh.~ ~--
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ClTY-~'LERK and Ex Offlcio,qlerk of the
Council of the City of Bakersfk~ld
APPROVEI;)/~ SEP
HARVE~ L. HA~L-
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
CITY A~T'-'/~N~Y~/? ,
:., / :? !/
~NDREW THOMSON
Deputy City A~orney
September 6, 2001
res\cottonwood