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HomeMy WebLinkAboutReso. 1988-312 - Approving the report and findings of the board of appeals, and ordering the abatement of the unsafe and unsightly buildings • RESOLUTION NO. 51- 42 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 BUILDING(S) AND DEBRIS ON THE PROPERTY LOCATED AT 5230 EAST BONNYVIEW ROAD, OWNED BY RONALD HACKLER (PREVIOUSLY OWNED BY FRANCES TOWNSEND) . WHEREAS , on June 16 , 1987 , the City Council adopted Resolution No. 87-195 , a Resolution of intention to begin abate- ment proceedings under the provisions of Chapter 9 . 36 of the Redding Municipal Code, affecting property owned at the time by Frances Townsend, now being owned by Ronald Hackler, located at 5230 East Bonnyview Road, in the City of Redding, being Assessor' s Parcel No. 048-250-13 , and more particularly described in said Resolution No. 87-195 ; and WHEREAS , a Notice of Hearing by the Board of Appeals on this abatement proceeding has been posted on the subject property, and said Notice has been delivered by personal service to the present owner; and WHEREAS, a public hearing was held on August 25 , 1988 , before said Board of Appeals as provided in said Municipal Code; and WHEREAS, at its meeting of August 25 , 1988 , said Board of Appeals , having heard testimony from the Building Official that the required work had not taken place, found that good and 110 sufficient cause does not exist why the unsafe and unsightly building(s) and debris on said property should not be abated; and WHEREAS , said Board of Appeals has filed with this City Council its Report of the hearing and its recommendation for abatement by demolition if sufficient progress toward rehabilitation has not taken place by November 25 , 1988 ; 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 (a copy of which is attached hereto) be and the same is hereby approved. 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 of November 25 , 1988 , by having the 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 owner. 3 . That a copy of this Resolution shall be served upon the property owner in accordance with the provisions of Section 9 . 36 . 060 of Chapter 9 . 36 of the Redding Municipal Code; and the property owner shall have the right to have such unsafe and unsightly building (s) abated at his own expense, providing the -2- • • 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 5230 East Bonnyview Road, Redding, was introduced and read at a regular meeting of the City Council of the City of Redding on the 6th day of September , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl, Fulton, & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None K. ,OALTRIGE JOHANNESSEN, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORMAPPROVED: RA GALL A. HAYS, ity Attorney -3- • • 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 5230 EAST BONNYVIEW ROAD, OWNED BY RONALD HACKLER) . TO THE HONORABLE CITY COUNCIL OF THE CITY OF REDDING: The Board of Appeals of the City of Redding held a public hearing on August 25 , 1988 , at 3 :00 p.m. in the City Hall Conference Room to consider the abatement of the unsafe and unsightly building (s) on the property located at 5230 East Bonnyview 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 5230 East Bonnyview Road is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; A.P. No. 048-250-13 . 2 . That the owner of record of said property is Ronald Hackler. 3 . That the City Council of the City of Redding adopted Resolution No. 87-195 on June 16 , 1987 , 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 mailing of notice thereof to the property owner of record, who is mentioned aforesaid. • • 5 . That building (s) have existed on the subject property for some time which are in a substandard condition, and a hazard to safety, health and public welfare. 6 . The owner has been given several extensions of time in which to rehabilitate the building (s) with no progress being made. 7 . The Board of Appeals recommends that the building(s) which are the subject of this proceeding be demolished if after three months (by November 25 , 1988) substantial progress has not been made toward rehabilitation. If the Board finds substantial progress has not been made toward rehabilitation by that date, the matter will be immediately sent out to bid for demolition. 8 . That at such time the building (s) are demolished the costs of abatement, if not paid by the owner, shall be a lien upon the property. Respectfully submitted, WILLIAM BRAUN, Acting Chairman Board of Appeals -2- Aft Ilp • • EXHIBIT "A" That real property situate in the City of Redding, County of Shasta, State of California, described as follows: BEGINNING at the Northwest corner of Lot 16 of Bonnyview Subdivision as per map or plat thereof entitled "Map of Bonnyview, Part of Rancho Buena Ventura or Reading Grant, Shasta County, California" filed in the office of the County Recorder of Shasta County, October 31, 1887 in Book of Old Plats at page 27 thereof, and run thence North 67° East 150 feet; thence South 7°45" East 524 feet to the point of beginning; thence North 67° East 470 feet to County Road; thence South 7°45' East 234.8 feet; thence South 67° West 470 feet; thence North 7°45 ' West 234.8 feet to the point of beginning. EXCEPTING THEREFROM the parcel described in the Agreement of Sale of Property from the Department of Veteran's Affairs of the State of California to Herb Townsend, dated September 24, 1.962, recorded October 3, 1962, in Book 720 of Official Records at page 467, Shasta County Records.