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HomeMy WebLinkAboutReso. 1988-334 - Approving the report and findings of the board of appeals, and ordering the abatement of the unsafe and unsightly junk r 111 RESOLUTION NO. - 354 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 JUNK AND DEBRIS ON THE PROPERTY LOCATED AT 3583-C OASIS ROAD, OWNED BY SHIRLEY M. PHILLIPSON. WHEREAS, on April 5 , 1988 , the City Council adopted Resolution No. 88-131 , 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 Shirley M. Phillipson located at 3583-C Oasis Road, in the City of Redding, being Assessor' s Parcel No. 066-770-06 , and more particularly described in said Resolution No. 88-131 ; and WHEREAS, a Notice of Hearing by the Board of Appeals on this abatement proceeding has been posted on the subject property and delivered by the mailing of said Notice to the owner of record at her present address in Benicia, California; 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 junk and debris remained in a heap of the property, found that good and sufficient cause does not exist why the unsafe and unsightly junk and debris on said property should not be abated; and • • WHEREAS, said Board of Appeals files with this City Council its Report of the hearing and its recommendation for abatement of the junk and debris; 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 attached hereto of its findings that the unsafe and unsightly junk and debris existing on the property at 3583-C Oasis Road should be removed, 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 hereof, by having the unsafe and unsightly junk and debris 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 paidby 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 junk and debris abated at her 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 junk and debris found on the property at -2- O III 3583-C Oasis Road, Redding, was introduced and read at a regular meeting of the City Council of the City of Redding on the 20th 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 77((4 K. MAURICE`"JOHANNESSEN, Mayor City of Redding ATTEST: - -46-t°0-77.-e--e-76-6--' .7...�� -&- ETHEL A. NICHOLS, City Clerk FO PPROVED: &Ad d � � TRA DALL A. HAYS , City Attorney -3- 4 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 3583-C OASIS ROAD, OWNED BY SHIRLEY M. PHILLIPSON) . 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 junk and debris on the property located at 3583-C Oasis 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 junk and debris are as follows: 1 . That the property located at 3583-C Oasis Road is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; A.P. No. 066-770-06 . 2 . That the owner of record of said property is Shirley M. Phillipson. 3 . That the City Council of the City of Redding adopted Resolution No. 88-131 on April 5 , 1988 , 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 junk and debris has existed on the subject property for some time which is hazardous to health and safety. 6 . The Board of Appeals recommends that the junk and debris which is the subject of this proceeding be abated, and that 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- A.: EXHIBIT "A" DESCRIPTION The real property referred to herein is situate in the County of Shasta, State of California, described as follows: East half of Southwest quarter of Southwest quarter of Northeast quarter of Section 14, Township 32 North, Range 5 West of M.D.B.&M. EXCEPTING THEREFROM that Northerly 321.75 feet, measured along the East and West lines thereof. ALSO EXCEPTING THEREFROM to the United States all oil, gas and other mineral deposits, as reserved in the Patent to Bertrand L. Gallentine, dated October 22, 1958, recorded January 2, 1959 in Book 586, Official Records at page 495, Shasta County Records. ALSO EXCEPTING THEREFROM: COMMENCING at the Southwest corner of that certain parcel of real property recorded in Volume 657, Page 27, Official Records, Shasta County, California; thence, Northerly along the West line of said real property, a distance of 148 feet to a point; thence, Easterly at right angles a distance of 177 feet to a point; thence, Southerly at right angles a distance of 148 feet to a point on the Southerly line of said real property; thence, Westerly along the Southerly line of said real property, a distance of 177 feet to the point of beginning.