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HomeMy WebLinkAboutReso 91-049 - Approve the report & findings of the Board of Appeals, & Order the abatement on the property at 1273 Old Alturas Rd, owned by Fidel J & Patricia A Almazani I i I RESOLUTION NO. I'y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE REPORT AND FINDINGS OF THE BOARD OF APPEALS, AND ORDERING THE ABATEMENT OF THE UNSAFE AND UNSIGHTLY BUILDINGS) AND DEBRIS ON THE PROPERTY AT 1273 OLD ALTURAS ROAD, OWNED BY FIDEL J. ALMAZAN AND PATRICIA A. ALMAZAN. I WHEREAS, on November 6, 1990 , the City Council adopted Resolution No. 90-538 , a Resolution of intention to begin abate- ment proceedings under the provisions of Chapter 9. 36 of the Redding Municipal Code, affecting property owned by Fidel J. Almazan and Patricia A. Almazan at 1273 Old Alturas Road, in the City of Redding, being Assessor' s Parcel No. 071-260-08, and more particularly described in said Resolution No. 90-538 ; and i WHEREAS, a Notice of Hearing by the Board of Appeals on this abatement proceeding has been posted on the subject property and mailed to the owner of record at his present address; and WHEREAS, a public hearing was held on December 27 , 1990 , i before said Board of Appeals as provided in said Municipal Code and testimony was received by the Board; and WHEREAS, at its meeting of December 27 , 1990, said Board of iAppeals, having heard testimony from the Senior Building Official that the required work had not taken place, found that good and sufficient cause does not exist why the unsafe and unsightly lk I building( s) and debris on said property should not be abated; and I WHEREAS, said Board of Appeals has filed with this City ^� Council its Report of the hearing and its recommendation for abatement by demolition; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the Report of the Board of Appeals of its findings that the unsafe and unsightly building( s) existing on the property at 1273 Old Alturas Road should be demolished and f removed, be and the same is hereby approved. i 2 . That the Fire Marshal of the City of Redding is hereby directed to abate said unsafe and unsightly conditions after a ! period of thirty ( 30 ) days from the date hereof, by having the i unsafe and unsightly building(s) demolished and removed; and that he and his authorized representatives are hereby expressly authorized to enter upon the subject property for that purpose, and are directed to keep an itemized account of the costs of abating said nuisance, which costs are to be assessed against the property if not paid by the owners. 3 . That a copy of this Resolution shall be served upon the property owners in accordance with the provisions of Section 9 . 36. 060 of Chapter 9 . 36 of the Redding Municipal Code; and the property owners shall have the right to have such unsafe and unsightly building(s) abated at their own expense, providing the same is done prior to the expiration of the 30-day period set forth in paragraph 2 above. I HEREBY CERTIFY that the foregoing Resolution ordering the abatement of 1273 Old Alturas Road, Redding, was introduced and read at a regular meeting of the City Council of the City of -2- i Redding on the 15th day of January 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None i i I i i I N CY FUM, M r City Redding ATTEST: j ETHEL A. NICHOLS, City Clerk i FORM PROVED: RAN ALL A. HAYS, ity Attorney i i i I I i i I . i -3- 1 REPORT OF THE BOARD OF APPEALS OF THE CITY OF REDDING PURSUANT TO SECTION 9. 36 .070 OF THE REDDING MUNICIPAL CODE (PROPERTY LOCATED AT 1273 OLD ALTURAS ROAD, OWNED BY FIDEL J. ALMAZAN AND PATRICIA A. ALMAZAN) . TO THE HONORABLE CITY COUNCIL OF THE CITY OF REDDING: The Board of Appeals of the City of Redding held a public I hearing on December 27 , 1990, at 3 : 00 p.m. in the City Hall i Conference Room to consider the abatement of the unsafe and unsightly building( s) on the property located at 1273 Old Alturas Road, in the City of Redding, under the provisions of Chapter 9 . 36 of the Redding Municipal Code. The findings of the Board of Appeals in regard to said unsafe and unsightly building(s) are as follows: 1 . That the property located at 1273 Old Alturas Road is more particularly described in Exhibit "A" attached hereto and i ' incorporated herein by reference; A.P. No. 071-260-08. I 2. That the owners of record of said property are Fidel J. Almazan and Patricia A. Almazan. i 3 . That the City Council of the City of Redding adopted 1 Resolution No. 90-538 on November 6 , 1990 , namely a Resolution of Intention to begin legal proceedings of abatement under Chapter 9 . 36 of the Redding Municipal Code as to the subject property. 4 . That jurisdiction has been obtained by the posting of the required notices upon the property and by the delivering by certified mail of notice thereof to the property owners of record, who are mentioned aforesaid. 5. That building(s) exist on the subject property which are in a deteriorated condition and are vacant and hazardous. The Housing Department has inspected the building(s) and determined that they would not be economically feasible for their Rehabilitation Program. 6 . The Board of Appeals recommends that the building(s) which are the subject of this proceeding be demolished, and that the costs of abatement, if not paid by the owners , shall be a lien upon the property. Respectfully submitted, JOHN FITZGERALD, Chairman Board of Appeals i i i 1 i -2- ; EXHIBIT "A" That real property situate in the County of Shasta, City of j Redding, State of California, and is described as follows: All that portion of the Southwest one-quarter of the Northeast one-quarter of Section 32, Township 32 North, Range 4 West, M. D.M. , described as follows: r ° COMMENCING at the Southwest corner of the Northeast one-quarter of said Section 32 as shown on the map recorded in Book 10 of Land Surveys at Page 57, Shasta County Records; thence, along the South line of said Northeast one-quarter, South 89°01120" East, 314.53 feet; thence, leaving the South line, North 6°41 ' West, 624. 05 feet to the point of beginning of this parcel, thence, continuing North 6°41' West, 80.00 feet to a point on the Southerly line of County Road #38-D; thence, along the Southerly line of said County Road #38-D, North 89"11' West, 13. 22 feet; thence, along a curve to the right with a radius of 720. 00 feet through an angle of 8°29154" an arc distance of 106.78 feet; i thence, South 6°41 ' East, 88. 00 feet, more or less, to a point which bears North 89°01120" West, from the point of beginning; thence, South 89°01120" East, 118.75 feet, more or less, to the point of beginning. i 1 1 i a 1