HomeMy WebLinkAboutCC RESO 15,060RESOLUTION NO. 15,060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DENYING APPEAL OF A NOTICE OF INTENTION 11O ABATE AND REMOVE
ONE 1973 VOLKSWAGEN (ARIZONA LICENSE NO. SNK 397), ONE 1960'S FORD
TRUCK (CALIFORNIA LICENSE ND. K62666) AND ONE UNLICENSED 1960's FORD TRUCK
AS A PUBLIC NUISANCE AT 1826 GRANGER AVENUE (APPELLANT - GEORGE N. GUERIN
CASE FILE NO. CV-86-184
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 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 7, 1986, the Code Conformance Officer, pursuant to the
provisions of Section 11.48.090, issued a notice of intention to abate and
remove one 1973 Volklswagen (Arizona License No. SNK 397), one 1960's Ford Truck
(California License No. K62666), and one unlicensed 1960's Ford Truck as a
public nuisance at 1826 Granger Avenue (San Diego County Assessor's Parcel
No.(s) 558-250-31), National City, California; and,
WHEREAS, the owner of the property appealed the notice of intention to
abate and remove one 1973 Volkswagen (Arizona License No. SNK 397), one 1960's
Ford Truck (California License No. K62666), and one unlicensed 1960's Ford Truck
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-86-184, 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
vehicles (one 1973 Volkswagen, Arizona License No. SNK 397, one 1960's Ford
Truck, California License No. K62666, and one unlicensed 1960's Ford Truck
constitute abandoned and inoperative vehicles.
BE IT FURTHER RESOLVED THAT said vehicles, one 1973 Volkswagen, Arizona
License No. SNK 397, one 1960's Ford Truck, California License No. K62666, and
one unlicensed 1960's Ford Truck are 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 vehicles; 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, 1986it .1'bi':-
Rile Morgan; .yor
ATTEST:
of Campbell, City 'lerk
APPROVED AS '10 FORM:
George H. iser, III -City Attorney