HomeMy WebLinkAboutCC RESO 15,190RESOLUTION N0. 15,190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DENYING APPEAL OF A NOTICE OF INTENTION TO
ABATE AND REMOVE ONE ABANDONDED/INOPERATIVE 1954 FORD
(CALIFORNIA LICENSE NO. KUX464)
AS A PUBLIC NUISANCE AT 1429 MEADOW DRIVE
(APPELLANT - GROVER THOMAS)
CASE FILE NO. CV 86-232
WHEREAS, Section 22660 of the California Vehicle Code provides
that notwithstanding any other provision of law, a city, county, or city
and county may adopt an ordinance establishing procedures for the abatement
and removal, as public nuisances, of abandoned, wrecked, dismantled, or
imperative vehicles or parts thereof from private or public property, not
including highways, and for the recovery, pursuant to Section 25845 or
38773.5 of the Government Code, or assumption by the local agency of costs
of administration of such removal; and
WHEREAS, Section 7.20.140 of the National City Municipal Code
provides that vehicles not having current California registration or not
having valid license plates and stickers thereon or vehicles that otherwise
appear to be abandoned shall be deemed abandoned vehicles subject to
removal as provided by Chapter 11.40 of the National City Municipal Code;
and
WHEREAS, Section 11.48.090 of the National City Municipal Code
provides that a ten (10) day notice of intention to abate and remove the
vehicle, or parts thereof, as a public nuisance shall be mailed by
registered mail to the owner of the land and to the owner of the vehicle;
and
WHEREAS, Section 11.48.080 of the National City Municipal Code
gives the City Manager the authority to have a wrecked, dismantled,
abandoned, or inoperative vehicle removed from private property if the
property owner or vehicle owner fails to abate the nuisance within ten (10)
days of receiving notice of intention to abate and remove the vehicle
and/or parts thereof; and
WHEREAS, Section 11.48.100 of the National City Municipal Code
provides that the owner of the property or the owner of the vehicle may
appeal said notice in intention to abate and remove the vehicle and/or
parts thereof and request that a public hearing on the matter be held; and
WHEREAS, on August 20, 1986, the Code Conformance Officer, pursuant to
the provisions of Section 11.48.090, issued a notice of intention to abate and
remove one abandoned and/or inoperative 1954 Ford (California License No.
KUX464) as a public nuisance at 1429 Meadow Drive (San Diego County Assessor's
Parcel No. 558-103-03) National City, California; and
WHEREAS, the owner of the vehicle appealed the notice of intention to
abate and remove one 1954 Ford (California License No. KUX464) and requested
that a public hearing on the matter be held; and
WHEREAS, the appeal of the property owner was considered by the City
Council at a public hearing held on January 13, 1987, at which time oral and
documentary evidence was presented; and
WHEREAS, at said public hearing the City Council considered the entire
contents of Case File No. CV 86-232, which is maintained by the City and
incorporated herein by reference; and
WHEREAS, this action is taken pursuant to all applicable procedures
required by State and City law; and
WHEREAS, the action recited herein is found to be essential for the
preservation of public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of
National City that the testimony and evidence presented to the City Council at
the public hearing held on January 13, 1987, support the finding that said
vehicle, a 1954 Ford (California License No. KUX464) consititutes an abandoned
and inoperative vehicle.
BE IT FURTHER RESOLVED that said 1954 Ford, California License No.
KUX464 is found to constitute a public nuisance and shall be removed immediately
by the City of National City; and
BE IT FURTHER RESOLVED that the time within which judicial review of
this decision must be sought is governed by the provisions of Code of Civil
Procedure Section 1094.6
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted
forthwith to the appellant.
PASSED and ADOPTED this 20th day of January, 1987.
ATTEST:
Ione Campbell, City Clerk
George . Waters, Mayor
George H. Eiser, III -City Attorney