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
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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
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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
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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.
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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
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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.