HomeMy WebLinkAboutRES NO 149-01RESOLUTION NO. ~
A RESOLUTION UPHOLDING AN ORDER FOR THE
ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 901
E. PLANZ ROAD.
WHEREAS, the owner of the real property located at 901 E. Planz Road was first
notified by the City on June 28, 2001, of a public nuisance (junk, trash, debris, salvage
materials and junk vehicles) existing at 901 E. Planz Road; and
WHEREAS, the City conducted a reinspection and the property owners were given
a second notice and opportunityto appear at a hearing 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, debris,
salvage materials and junk vehicles located at 901 E. Planz 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, Robert Miranda (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 19, 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 901 E.
Planz 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, debris, salvage materials and junk vehicles 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
appellant is hereby denied.
Appellant shall have ten (10) days from the date of adoption of this resolution
to abate the accumulation of junk, trash, debris, salvage materials and junk
vehicles from the property located at 901 E. Planz Road, 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.
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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 SEp l 9 2001 ,
by the following vote:
AYES:
NOES:
ABSTAIN: COUNCILMEMBER ~ ~ k3F~
ABSENT: COUNCILMEMBER ~-~'~ ~-3~;
COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~J ~/~ ~
CITY CLERK and Ex Officio (~erk of the
Council of the City of Bakersfield
APPROVE,~/~ c E p,~.~ ZOO1
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
CITY AT~ORNEX
Deputy City Attorney
September 5, 2001
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