CC Resolution No. 7686
RESOWl'ION NO. 7686
A RESOWl'Iœ OF '!HE CITY OXJNCIL OF THE CITY OF aJPERI'mO
ORDERING ABM'EMENT OF RJBLIC NUISANCE Kr l0224 PENINSUIA B:XJIEVAIID
:RECITALS :
(a) On November 7 1988, the city Council of the city of Olpertino
adopted its Resolution No. 7663, a copy of which is attached hereto an:i
made a part hereof by reference;
(b) Pursuant thereto, the city Council of the city of Olpertino held
a hearirç with respect thereto, on December l2, 1988, at 6:45 p.m., in the
Council O1ambers, in the City Hall, located at l0300 Torre Avenue;
(c) All members of the City Council were present;
(d) The followirç members of the city's staff, éI!!K>n3' others, were
present:
1. Barbara K. Brown, Assistant to the city Manager
2. Dorothy Cornelius, City Clerk
3. :teslie lDpez, Deputy city Attorney
(e) 'nIe followirç interested persons were also present;
Mark stimson
(f) After hearing opening remarks, the city Council heard an:i
considered all relevant evidence including, but not limited to, testimony
from the tenant, as well as received into evidence exhibits an:i staff
reports, relative to said matter;
(g) Followirç the presentation of all evidence an:i closirç remarks,
the city Council considered the matter, an:i resolved as follows:
RESOWl'Iœ:oo. 7686
IT IS HEREBY RESOLVED by the City Council of the City of Olpertino,
state of California, as follows:
l. 'nIe following f:i1ñin;Js of fact are hereby made:
(a) Notice of the tline an:i place of the hearirç to abate, an:i
Resolution No. 7663 were duly an:i regularly posted an:i served, as
required by the provisions of Ordinance No. 794 of the City of
Olpertino, enacted on April l8, 1977.
(b) 'nIe fact that the buildirç located at 10224 Peninsula
Bc:W.evard in the City of QJpertino, state of California, does not
conform with section 16.44.030 of the Olpertino ~cipa1 Code
an:i is bei.n; maintained contrary to provisions of section
16.44.020 of said Code, constitutes a p,lblic rn1isance, in that
said con:tition constitutes a hazard to p,lblic health, safety an:i
general welfare, by reason of threatening the free use an:i
enjoy¡œnt of adjoinirç property an:i the health an:i safety of
tenant(s) .
2. IT IS 'IHEREFu-œ; ORDERED as follows:
(a) Said public rn1isance shall be declared.
(b) A description of the r>øeded corrections and/or repairs,
necessary to CCIlI9?ly with the abatement order is as follows:
Dem::>lition p¡rsuant to 0Japter l6.44, as prescribed by the Chief
a.u.ldirç Inspector, an:i inuned.iate vacation of the property by the
tenant with no further occupation \mtil any buildirç on said
property is found to be in CCIlI9?liance with all applicable codes.
(c) 'nIe property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is CCIlI9?leted
prior to January 4, 1989 at which tline, upon good cause shown,
may be exteOOed for a reasonable tllne by the City Council.
(d) If such public rn1isance is not abated within such tline or
any extension of tline which may be granted, the arief Buildirç
Inspector, shall, by City forces, or private contract, cause the
same to be abated.
RESOWl'Iœ NO.
PASSED AND AOOPl'ED at a regular meetirç of the City Council of the
City of Olpertino this '7th day of December 1988 by the
followirç vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson. Koppel. Rogers. Plungy
None
None
None
APPROVED:
/s/ John M. Gatto
Mayor, city of Olpertino
A'ITFST:
/s/ Dorothy Cornelius
City Clerk