HomeMy WebLinkAboutCC RESO 15,208RESOLUTION NO. 15,208
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 ABANDONED/INOPERATIVE
1966 FORD (CALIF. LICENSE NO. SLS 881) AS A
PUBLIC NUISANCE AT 3133 E. 2ND STREET.
(APPELLANT - PrJDY BRADT)
CASE FILE NO. ZV-81-144
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 inoperative 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 January 6, 1987, the Code Conformance Officer, pursuant to the
provisions of Section 11.48.090, issued a notice of intention to abate and
remove one abandoned/inoperative 1966 Ford (Calif. license SLS 881) as a public
nuisance at 3133 E. 2nd Street (San Diego County Assessor's Parcel No. 554-102-
14), National City, California; and,
WHEREAS, the owner of the property appealed the notice of intention to abate
and remove one 1966 Ford (Calif. license SLS 881) and requested that a public
hearing an 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 27, 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. ZV-81-144, 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 27, 1987, support the finding that said vehicle 1966
Ford, California license SLS 881 constitutes an abandoned and inoperative
vehicle.
BE IT FURTHER RESOLVED that said 1966 Ford, California license SLS 881 is
found to constitute a public nuisance and shall be removed within a period of
time not to exceed 60 days or the City will take action to remove the vehicle;
and,
BE IT FURTHER RESOLVED that a copy fo this resolution be transmitted
forthwith to the appellant.
BE IT FURTHER RESOLVED that the time within which judicial review of this
decision is sought is governed by the provisions of Code of Civil Procedure
Section 1094.6.
PASSED and ADOPTED this 3rd day of February, 1987.
George F3. Waters, Mayor
ATTEST:
Ione Campbell, Cityâś“Clerk
APPROVED AS TO FORM:
GeorE3e H. E`iser, III -City Attorney