HomeMy WebLinkAboutCC RESO 15,095RESOLUTION NO. 15,095
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA,
DENYING APPEAL OF A NOTICE OF INTENTION TO
ABATE AND AND REMOVE ONE ABANDONED/INOPERATIVE
1969 LINCOLN CONTINENTAL (CALIFORNIA LICENSE NO.1FDW092)
AS A PUBLIC NUISANCE AT 2112 EAST 20TH S'lEEhl'
(APPELLANT - F. L. MOORE)
CASE FILE NO. C.V. 86-229
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 Ccde 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 wrecked, dismantled, abandoned, or
inoperative vehicles removed from private property if the property owner or
vehicle owner fail 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 of 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 14, 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 1969 Lincoln Continental California
license no. 1FDW092 as a public nuisance at 2112 E. 20th Street (San Diego
County Assessor's Parcel No.(s) 561-380-14, National City, California; and,
WHEREAS, the owner of the vehicle appealed the notice of intention to
abate and remove one 1969 Lincoln Continental California license no. 1FDW092 and
requested that a public hearing on the matter be held; and,
WHEREAS, the appeal of the vehicle owner was considered by the City
Council at a public hearing held on September 23, 1986, 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. C.V. 86-229, 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, Tht REFORE, 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 September 23, 1986, support the finding that said
1969 Lincoln Continental, California license no. 1FDW092, constitutes an
abandoned and/or inoperative vehicle.
BE IT FURTHER RESOLVED THAT said 1969 Lincoln Continental California
license no. 1FDW092 is found to constitute a public nuisance and shall be
removed as soon as possible upon the lifting of the City's moratorium on towing
vehicles; and,
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted
forthwith to the appellant.
PASSED and ADOPTED this 7th day of Octobe 19
ATTEST:
Ion? Campbell, City clerk
APPROVED AS TO FORM:
/3iJ-i--tgeA4D
George H. Eiser, III -City Attorney
Rile Nbrgan, Mayor