HomeMy WebLinkAboutCC RESO 11,165RESOLUTION NO.. 11,165
A RESOLUTION DECLARING THE EXISTENCE, OF
A PUBLIC NU.I:SANCE;. ORDERING THE ABATEMENT..
OF SAID PUBLIC NUISANCE; AND REVOKING
A MUNICIPAL BUSINESS LICENSE
WHEREAS, the City of National City has received
numerous complaints concerning the conduct of a business
owned and operated by Joseph Lawrence Bonamo, David Hankins,
and Jack Powell under the fictitious firm name and style of
"Ballinjack Choppers" at 138 W. 35th Street, Suite W, National
City, California, and
WHEREAS, efforts by City officers to abate the
nuisance perpetrated on said premises have been unsuccessful,
and
WHEREAS, on August 17, 1973, a "Notice of Intent
to Revoke License" was transmitted to the aforementioned
persons, and
WHEREAS, on August 28, 1973, in open and public
meeting, held in the. City Council Chambers, Civic Center,
1243 National Avenue, National City, California, the City Council
of the City of National City did hear a testimony concerning
activities occurring at the aforementioned premises, whi.ch.ac-
tivities were alleged to be injurious to health,' offensive to
the senses, and an obstruction to the free use of property, and
an interference with the comfortable enjoyment of life •and prop-
erty, and
WHEREAS, said testimony alleged that the .aforementioned
conditions and conduct affected an entire neighborhood and a con-
siderablenumber of persons, and
WHEREAS, at the conclusion of said public hearing, the
Council found and determined that the allegations that activities
occurring at
nuisance and
the
did
business license
aforementioned premises did constitute a public
constitute grounds for the revocation of the
issued under the fictitious firm name of
"Ballinjack Choppers";
NOW, THEREFORE., BE. IT RESOLVED that the City Council
ofthe 'City of National City, hereby finds, determines, declares,
and orders, that:
SECTION 1... PUBLIC NUISANCE. Upon consideration of
.the testimony presented to the City Council of the City of
National City, sitting in a regular and public meeting, on
August 28, 1973, in the City Council Chambers, Civic Center,
124.3'National Avenue, National City, California, it is hereby
determined that the, conduct of a business owned and operated
by Joseph Lawrence Bonamo, David Hankins, and Jack Powell, which
business is conducted under the fictitious firm name and style
of "Ballinjack Choppers" at 138 W. 35th Street, Suite W, National
City, California, and constitutes a public nuisance, in that
activities on and around said premises, conducted by and/or under
the control of said owners are injurious to health, offensive to
the senses, obstruct the free use of adjacent property, and inter-
fere with the comfortable enjoyment of life and property as a
result of, among other things, loud noises emanating from said
premises, and the reckless operation of various motor vehicles
in, around, upon and across said premises and adjacent properties.
That the aforementioned activities injuriously affect
an entire neighborhood and a considerable number of persons thereon.
SECTION 2. REVOCATION OF MUNICIPAL BUSINESS LICENSE.
By virtue of the findings contained herein the City Council
hereby revokes the municipal business license heretofore issued
to Joseph Lawrence Bonamo, David Hankins, and Jack Powell, doing
business under the fictitious firm name and style of "Ballinjack
Choppers" on the grounds that said business is a public nuisance,
and on the further grounds that the conduct of said business has
and will result in a breach of the peace and jeopardy of the
public health, peace, and safety.
SECTION 3. ABATEMENT. The City Council hereby orders
all persons, including Joseph Lawrence Bonamo, David Hankins,
and Jack Powell, and/or their agents, servants, employees, and
successors in interest to immediately cease and desist of any
and all activities which result in theexistence of a public
nuisance as herein described, in,:,on, and around premises
commonly known as 138 W..3.5h Street, Suite W, National City,
California.
SECTION A. LEGAL ACTION :ORDERED. The. City. Attorney
is directed to institute an action in the Superior Court of the
State of California to abate the public nuisance herein described
and to pursue and seek any and all legal remedies available to
the 'City of National City as a result of theconduct herein
described.
PASSED AND ADOPTED this 4th day of September, 1973.
ATTEST: