HomeMy WebLinkAboutCC RESO 15,059RESOLUTION NO. 15,059
A RESOLUTION OF THE CITY COUNCIL OF ,JiIJ CITY OF NATIONAL
CITY, CALIFORNIA, DENYING APPEAL OF A NOTICE OF INTENTION TO
ABATE AND AND REMOVE ONE ABANDONED/INOPERATIVE 1960'S OR 70'S
AMERICAN RAMBLER (CALIFORNIA LICENSE NO. UZA068)
AS A PUBLIC NUISANCE AT 3022 BIGGS COURT
(APPELLANT - FREDERICK MAIN)
CASE FILE NO. CV-86-193
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 Cbde;
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 inoperatove 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 July 18, 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/inoperative 1960's or 70's American Rambler
(California License No UZA068) as a public nuisance at 3022 Biggs Court
(San Diego County Assessor's Parcel No.(s) 564-411-01), National City,
California; and,
WHEREAS, the owner of the vehicle appealed the notice of intention
to abate and remove one 1960's or 70's American Rambler (California License
No. UZA068) 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 August 12, 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. CV-86-193, 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 August 12, 1986, support the finding that
said vehicle (American Rambler California License No. UZA068) constitutes
an abandoned and inoperative vehicle.
BE IT FURTHER RESOLVED THAT said American Rambler, Califonria
License No. UZA068 is found to constitute a public nuisance and shall be
removed within a period of time not to exceed 120 days or the City will
take action to remove the vehicle; and,
BE IT FURTHER RESOLVED THAT a copy of this resolution be
transmitted forthwith to the appellant.
PASSED and ADOPTED this 19th day of August, 1986
40%1mi✓,�
Kile Morgan " Mayor
Ion; Campbell, City C erk
APP
AS TO FO
Geo ge H. riser, III -City Attorney