HomeMy WebLinkAboutCC RESO 15,858RESOLUTION NO. 15,858
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY DECLARING THE ABANDONED SERVICE STATION AT 1605
EAST 4TH STREET TO BE A PUBLIC NUISANCE AND ORDERING
THE ABATEMENT THEREOF
WHEREAS, Chapter 18.110 of the National City Municipal
Code provides for the abatement of abandoned service stations
which are found to be a public nuisance; and
WHEREAS, a service station once existed at 1605 East
4th Street, in National City; and
WHEREAS, the service station use has terminated but the
building and unique structural appurtenances remain; and
WHEREAS, the underground tanks associated with the
service station have been removed; and
WHEREAS, on March 17, 1988 the property owner was given
notice regarding a potential public nuisance and violation of the
Municipal Code on this property; and
WHEREAS, public hearings on this matter were conducted
on July 12, 1988, December 6, 1988 and January 10, 1989 before
the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of National City as follows:
1. That the City Council finds and determines, based
on the oral and documentary evidence, that the abandoned service
station at 1605 East 4th Street constitutes a danger to the
public health, welfare, or safety in that the unsightly character
of the property is adversely impacting adjacent properties
including Granger Music Hall, listed on the National Register of
Historic Places.
on the
2. That the City Council finds and determines, based
on the oral and documentary evidence, that the abandoned service
station at 1605 East 4th Street constitutes a danger to the
public health, welfare, or safety in that the property has not
been properly secured enabling illegal sale and display of
vehicles to take place.
3. That the City Council finds and determines, based
on the oral and documentary evidence, that the abandoned service
station at 1605 East 4th Street constitutes a danger to the
public health, welfare, or safety in that such unsecured
condition further invites vandalism, arson, other fire hazards,
rodent and blight that depreciate
values
on the
infestation and unsightliness
of surrounding properties.
4. That the City Council finds and determines, based
oral and documentary evidence, that the abandoned service
station at 1605 East 4th Street constitutes a danger to the
public health, welfare, or safety in that the property owner has
not demonstrated that the building can be
commercial uses.
5. That the City Council finds and determines, based
oral and documentary evidence, that the abandoned service
adapted to other
station at 1605 East 4th Street constitutes a danger to the
public health, welfare, or safety in that the existence of
abandoned service stations is contrary to General Plan polices to
provide a favorable climate for attracting new high quality
business activity into the City.
6. That the City Council finds and determines, based
on the oral and documentary evidence, that the abandoned service
station at 1605 East 4th Street constitutes a danger to the
public health, welfare, or safety in that such facilities are
also contrary to General Plan policies encouraging neighborhood
rehabilitation and beautification activities in the City.
BE IT FURTHER RESOLVED that the City Council finds and
determines that condition of the property constitutes a public
nuisance and that the public nuisance requires abatement.
BE IT FURTHER RESOLVED that the City Council orders the
nuisance to be abated, within 30 days of the date of this
Resolution, by the demolition and removal of any and all
structures situated on the property and any appurtenances
thereto, including gas pump islands, and canopies.
BE IT FURTHER RESOLVED that should all structures on
the property not be abated within such 30 day period, then the
City Attorney shall thereafter commence an action to enjoin the
nusiance.
BE IT FURTHER RESOLVED that pursuant to Section
18.110.120 of the National City Municipal Code, no action shall
be taken to contest this decision unless the same is commenced
within thirty days from the date of adoption of this Resolution.
PASSED and ADOPTED this 17th day of January, 1989.
GEORGE H.Q1ATERS, MAYOR
ATTEST:
LO ANNE PEOPLES,CC T�RK
APPROVED AS TO FORM:
at
GEORGE H. EISER, III -CITY ATTORNEY