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HomeMy WebLinkAboutResolution - 1042 1 RESOLUTION NO. 1042 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, A CALIFORNIA MUNIC- 3 IPALITYy DETERMINING THAT A PUBLIC' NUISANCE EXISTS AT 490 SOUTH <STATE' STREET. 4 5 This resolution is, adopted pursuant to the following facts : 6 A. ' The -council previously directed the City Attorney to begin 7 proceedings for the abatement of an alleged public nuisance at real 8 property located at 490' South State Street, San Jacinto, California 9 based upon matters brought to its attentions The City has previously 10I given Notice of these conditions to the; tenant in< possession 'of said 11 premises and gave him a period that has lasted more than four month 1211 within which to correct the conditions ; ; During said four month period 13I after the giving of the Notice, the tenant in possession and ;the 14 property owners failed to take any action and, thereafter another 15 Notice was given to each of them directing them to appear before 16 this Council and to show cause why the 'premises should not be 17 determined as being used as-a public nuisance. 18 B. ` This council has held a hearing and heard all interested 19 persons` desiring to be heard and has taken testimony from the 20 Building Official of this city as to the condition of the premises 21i and other matters which the Council deemed pertinent to this 22 ; matter; that said hearing was held October 81 1974. 23 NOW THERE-FORE IT IS FOUND, DETERMINED AND ORDERED AS FOLLOWS : 24 1, The City Council finds that the public nuisance in fact 25 exists at the premises hereinafter described ;by reason of the 26 maintenance of a junkyard with used equipment, storage lot includ-' 27 ing automobile wrecking yard, dismantled motor vehicles, inoperativ 28 motor vehicles, junk yard, junk iron and metal, household appli- 29 ances and machinery parts, all in an unscreened area so as to cause 30 unsightly clutter to areas use,a for residential and light commercia 31 use so as to disturb the comfort of a considerable number of person 32 within or near the City of San Jacinto and so as to be offensive )GNALD C. WICKHAM ATTORNEY AT CAW 163 EAST MAIN STREET SAN JACINTO, CALIFORNIA.92333 (714) 654.7410 1 to their senses, and to 'interfere with the comfortable enjoyment of 2 the property of numerous other persons in the area Said building 3 constitutes a public nuisance in accordance with the provisions of 4 Sections 3479 of the Civil Code. 5 2, J. R. Ledbetter as the person being in possession; and Donald 6 and Lorraine Plueger are persons having an interest in the property 7 hereindescribed are ordered to abate said nuisance by the removal 8 of all junk,` second-hand goods, dismantled automobiles, iron and 9 metal, household appliances, machinery and parts , and to cause the 10 same to be removed to a 'screened or enclosed location so as not to b 11 observed by members of the public from the public streets , within 12 ,thirty days hereof, or within ten days after receipt of this order, 13 hichever later occurs. 14 3. The City Clerk is directed to cause a copy of this resolution 15 to 'be posted conspicuously on the premises declared to be a nuisance 16 nd to mail a copy of it by certified mail to the three persons name 17 in paragraph above; that to be mailed to Mr. and Mrs. Plueger at 18 � he address as it appears on the last equalized assessment roll. The 191 otice to J.R. Ledbetter shall be mailed at the premises declared to 20IDe a nuisance 211 4a 'The Director of Planning is requested to notify all affected 22 ity officials of any failure by the tenant in possession or the 23 Droperty ; owners to, comply with this notice and the City Attorney 24 ' s athorized _to institute civil and;/or criminal proceedings to 25 -ause the abatement of the public nuisance and the City Manager is 26 authorized to take,_proceedings to remove the 'junk material described 27 herein from the premises after the expiration of the time periods 28 above stated. 29 Adopted October 8 , 1974 ; 30 ATTEST: 64� { LUCY MAY�ALLEN, CITY CLERK fayar, ity{ o San Jacinto 31 /r F F / f l(j 3 a.3 2 By DONALD C.WICKHAM ATTORNEY.AT.LAW 163 FART MAIN STREET -2- SAN JACINTO.- CALIFORNIA 92383 (714) 654-7410 CERTIFICATE The foregoing is certified to be a true copy of a Resolution duly adopted by the said City Council of the City of San Jacinto on the date therein set forth® LUCY MAY ALLEN,-CITY CLERK r.. 1 i