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HomeMy WebLinkAboutReso. 1985 - 049 - Approving the report and findings of the board of appeals and ordering the abatement of the unsafe and unsightly building and debris RESOLUTION NO. fj,6=t/7 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 AND DEBRIS ON THE PROPERTY AT 2138 GOLD STREET (OWNED BY ROY K. DANIELS , ET AL. ) . WHEREAS, on January 21 , 1985 , the City Council adopted Resolution No. 85-13, 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 Roy K. Daniels, et al. at 2138 Gold Street in the City of Redding, being Assessor ' s Parcel No. 105-490-32 , and more particularly described in said Resolution No. 85-13; and WHEREAS, notice of hearing by the Board of Appeals on this abatement proceeding has been posted on the subject property and personally served on the owner of record; and WHEREAS, a public hearing was held on February 28 , 1985 before said Board of Appeals as provided in said Municipal Code and testimony was received by the Board; and WHEREAS , at its meeting of February 28, 1985 , said Board of Appeals, having heard testimony from the Building Official and the Fire Marshal that the required work had not taken place, found that good and sufficient cause does not exist why the unsafe and unsightly building on said property should not be abated; and 1 WHEREAS, said Board of Appeals , having filed with this City Council its report of the hearing and its recommendation for abatement by demolition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the report of the Board of Appeals of its findings that the unsafe and unsightly building existing on the property at 2138 Gold Street should be demolished and removed, be and said report is hereby approved. BE IT FURTHER RESOLVED by the City Council that the Fire Marshal of the City of Redding is hereby directed to abate said unsafe and unsightly condition after a period of thirty (30) days , by having the unsafe and unsightly building demolished and removed, and 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 cost of abating the said nuisance, to be assessed against the property if not paid by the owner. BE IT FURTHER RESOLVED that a copy of this resolution shall be served upon the property owner in accordance with the pro- visions 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 abated at his own ex- pense, providing the same is done prior to the expiration of thirty (30) days. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the -2- ! ! City of Redding on the 18th day of March , 1985 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, and Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pugh ABSTAIN: COUNCIL MEMBERS: None . `406€/-1/50 HOWARD D. KIRKP RICK, Mayor City of Redding ATTEST: C zt e 0- ETHEL A. NICHOLS, City Clerk FORM APPROVED: RAFALL A. HAYS, City 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 AT 2138 GOLD STREET, OWNED BY ROY K. DANIELS , ET AL. ) . . TO THE HONORABLE CITY COUNCIL OF THE CITY OF REDDING: The Board of Appeals of the City of Redding held a public hearing on February 28 , 1985 , at 3 : 00 p.m. in ' the City Hall Conference Room to consider the abatement of an unsafe and unsightly building on the property located at 2138 Gold Street 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 are as follows : 1 . That the property located at 2138 Gold Street is more particularly described as follows : A. P. No. 105-490-32 : The real property situate in the City of Redding, County of Shasta, State of California , described as follows : Beginning at a point on the southern boundary line of Block 10 , Breslauer' s Addition as said block is shown on that certain map entitled "Map of Breslauer ' s Addition to the Town of Redding" , etc. , filed May 31 , 1887 , in the office of the County Recorder of Shasta County, distant thereon 122 . 1 feet westerly from the southeastern corner of said Block 10; thence westerly along the southern boundary line of said Lot 10 , 122 . 1 feet; thence southerly parallel with the western line of Willis Street as shown on said map, 356 . 4 feet; thence easterly parallel with the said • southern boundary line of Block 10 , 122 . 1 feet; thence northerly, parallel with ' said line of Willis Street, 356 . 4 feet to the point of beginning. Excepting therefrom that portion conveyed to City of Redding in Deed recorded February 7 , 1899 , in Book 53 of Deeds, page 132 , Shasta County Records. Also excepting therefrom that portion conveyed to Henry • Friesen, Jr. , et ux. , by Deed .recorded June 9 , 1948 , in Book 296 of Official Records at page 98 , Shasta County Records. • Also excepting therefrom the following described property: • 110 Commencing at the southeast corner of Block 10 , Breslauer Addition to Redding as shown on the map recorded in the office of the County Recorder. May 31 , 1887 in Book l of Town Plats at page 31 , Shasta County Records; thence along the southerly line of said Block 10 , westerly 244 . 20 feet; thence parallel with the westerly line of Willis Street, southerly 15 . 00 feet to the point of beginning of this parcel; thence continuing parallel with said westerly line, southerly 70 . 00 feet; thence parallel with said southerly line , easterly 65 . 00 feet to the southwest corner of the parcel described in the Deed to Henry Friesen, Jr. , et ux. , recorded in the office of the County Recorder June 9 , 1958 in Book 296 of Official Records at page 98 , Shasta County Records; thence along the westerly line of said Friesen parcel, northerly 70 . 00 feet to a point which bears easterly parallel with said southerly line from the point of begin- ning; thence parallel with said southerly line, westerly 65. 00 feet to the point of beginning. 2 . That the owner of record of the property is Roy K. Daniels , et al. 3 : That the City Council of the City of Redding adopted Resolution No. 85-13 on January 21 , 1985 , a Resolution of Inten- tion 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 service of notice to the property owner of record, who is mentioned afore- said. fore-said. 5 . That a building (s) exists on the subject property which is in a deteriorated condition and is vacant and hazardous and rehabilitation is not considered by the Chief Housing Counselor because of the need for substantial repairs. 6 . The Board of Appeals recommends that the building which is the subject of this proceeding be demolished and that the costs of abatement, if not paid by the owner , shall be a lien upon the property. -2- • 410 • Submitted, c € -21\ JOhn Fitzger4ad, Chairman \,4Oard of Appeilas -3-