HomeMy WebLinkAboutCC RESO 97-154RESOLUTION NO. 97-154
RESOLUTION OF 1'HL CITY COUNCIL
OF THE CITY OF NATIONAL CITY DECLARING
PROPERTY LOCATED AT 1835 AND 1837
"A" AVENUE A PUBLIC NUISANCE AND DENYING
THE APPEAL OF ALEX MCLINTOCK, WITH
PROVISIONS FOR ABATEMENT
WHEREAS, Mr. Alex McLintock is the owner of record of property
identified as 1835 and 1837 A Avenue, National City, California; and
WHEREAS, there is an incomplete building existing at 1835 A Avenue,
and an incomplete building existing at 1837 A Avenue; and
WHEREAS, pursuant to National City Municipal Code Section
15.08.015 which provides that structures or portions thereof in incomplete condition
inherently constitute a hazard, are substandard, dangerous, and unsafe and are a public
nuisance by reason of unprotected trenches and excavations, projecting structural
elements, open piping systems, exposed electrical conductors and/or other conditions
characteristic of construction projects; and
WHEREAS, construction materials are being stored at 1835 and 1837 A
Avenue in violation of National City Municipal Code Section 18.94.010, and two
shipping containers used as storage are existing on the properties in violation of
National City Municipal Code Section 18.94.070; and
WHEREAS, on November 19, 1997, the Building & Safety Department
issued a Notice to Abate Public Nuisance declaring 1835 and 1837 A Avenue to be a
public nuisance and ordering the removal of all buildings, construction materials and
shipping containers existing on the properties; and
WHEREAS, the Notice to Abate Public Nuisance was dutifully served
pursuant to law on Mr. McLintock by Certified Mail -Return Receipt Requested, and by
posting a copy of the Notice at the entry to each property on November 19, 1997; and
WHEREAS, in a letter dated November 24, 1997, Mr. McLintock
appealed the Notice to Abate Public Nuisance to the City Council; and
WHEREAS, during a Public Hearing on December 2, 1997, the City
Council heard testimony from Mr. McLintock and the Building & Safety Director
regarding conditions existing on the properties, took evidence and determined that the
conditions described constituted a public nuisance.
Resolution No. 97-154
Page Two
NOW, THEREFORE, BE IT RESOLVED that the appeal of Mr. Alex
McLintock of the Building & Safety Department's Notice to Abate Public Nuisance is
hereby denied.
BE TT FUTHER RESOLVED AND ORDERED that Mr. McLintock
shall abate the public nuisance conditions existing at 1835 and 1837 A Avenue by
immediately removing the structures, buildings, construction materials and shipping
containers, or, in the alternative, taking the following actions:
1. Mr. McLintock is to renew expired Building Permit No. 1094 and pay
full new permit fees in the amount of $1,634.80 within 30 days of the
date of this Resolution, and
2. In conjunction with the renewal of Building Permit No. 1094, Mr.
McLintock is ordered to post a security (e.g. bond or cash) with the City
of National City in the amount of $50,000 to guarantee the completion of
construction at 1835 and 1837 A Avenue, and
3. Upon renewal of Building Permit No. 1094, Mr. McLintock is ordered
to expeditiously complete all construction at 1835 and 1837 A Avenue
within 180 days of the date of this Resolution, and no extension will be
authorized, and
4. Mr. McLintock is ordered to remove all construction materials, shipping
containers, and sunshade storage structures existing at 1835 and 1837 A
Avenue within 180 days of the date of this Resolution.
BE IT FURTHER RESOLVED that should Mr. McLintock then fail to
abate the, public nuisance conditions as ordered herein, the Building & Safety
Department is directed to summarily abate the conditions, or initiate proceeding to
cause the surety to complete all improvements at 1835 and 1837 Avenue or remove all
structures and nuisance conditions at the option of the surety.
BE IT FURTHER RESOLVED that pursuant to Code of Civil Procedure
Section 1094.6, Mr. McLintock has ninety (90) days from the date of service of this
Resolution to commence legal proceedings to appeal or set aside the determination of
public nuisance and conditions set forth herein, or be forever barred from contesting
this determination and the conditions specified.
Resolution No. 97-154
Page Three
BE IT FURTHER RESOLVED that the City clerk shall serve a copy of
this resolution upon Alex McLintock by mailing it by first-class mail, postage prepaid,
together with a certificate of mailing attached, to Mr. McLintock.
PASSED and ADOPTED this 9th day of December, 1997.
Al 1'E ST:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
By:
Rudolf Hradec
Senior Assistant City Attorney
George Fr/Waters, Mayor