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HomeMy WebLinkAboutReso. 1985 - 053 - Approving the report and findings of the board of appeals and ordering the abatement of the unsafe and unsightly building and debris 411 RESOLUTION NO. es'.S J 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 1152 CENTER STREET (OWNED BY THEO AND GAIL BUI) . WHEREAS, on December 17, 1984 , the City Council adopted Resolution No. 84-275 , 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 Theo and Gail Bui at 1152 Center Street in the City of Redding, being Asses- sor' s Parcel No. 101-480-01 , and more particularly described in said Resolution No. 84-275; and WHEREAS, 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; 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 111 • 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 1152 Center 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 13th 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 `-1,-74 j HOWARD D. KIRKPAr .ICK, Mayor City of Redding ATTEST:7 C54 ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANbALL A. HAYS , AV orne -City � Y -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 1152 CENTER STREET, OWNED BY THEO AND GAIL BUI) . 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 1152 Center 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 1152 Center Street is more particularly described as follows : A. P. No. 101-480-01 : • The real property situate in the City of Redding, County of Shasta, State of California, described as follows : Commencing at a point at the intersection of the northwest corner of North Street (now Eureka Way) and the continuation of - Center Street in the City of Redding, County of Shasta, State of California, said point being on the westerly extension of the northerly line of North Street, 80 feet • wide (now Eureka Way) as shown by the map of Diestelhorst' s Addition to Redding, recorded August 11 , 1881 in Book of Old Plats at page 53 , Shasta County Records, distant 80 feet . westerly from the southwest corner of Block 4 of said Diestelhorst' s Addition and running thence N. 17°40 ' W. along the west side of said Center Street 300 feet to the southerly line of Trinity Street; thence S. 72°20 ' W. along the south line of Trinity Street, 124 1/3 feet to the east line of the California and Oregon Railroad right of way; thence S. 39°30 ' E. along the said east line of said right of way, 317 5/12 feet to a point on the north line of said North Street; thence easterly along the north line of said North Street, 15 7/12 feet to the place of beginning. 2. That the owner of record of the property is Theo and Gail Bui . t • • • 3 . That the City Council of the City of Redding adopted Resolution No. 84-275 on December 17 , 1984 , 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 service of notice to the property owner of record, who is mentioned afore- 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. Submitted, } John Fitzge`ad, Charman ,Board of Ap,pka;ls • -2-