HomeMy WebLinkAboutCity Council Resolution 91-66.1
RESOLUTION NO. 91 -66. 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING THE ABATEMENT OF A PUBLIC NUISANCE UPON PROPERTY KNOWN AS
12501 DE SAMKA AVENUE
WHEREAS, on September 18, 1991, the city council of the City of
saratoga adopted Resolution No. 91-66, declaring a public nuisance
to exist upon the property known as 12501 De Sanka Avenue, by
reason of certain violations having been committed upon said
property, such violations generally consisting of:
a) Accumulation of garbage for more than one week, in violation
of section 7-05.050 of the City Code.
b) The repair of a motor vehicle on private property within
public view or within a front area or exterior side area and the
storage of repair equipment, supplies, and parts without being
screened from public view, in violation of section 9-50.010(b) (2)
of the City Code.
c) Accumulation and storage of abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof on private property, in
violation of Section 9-55.010 of the City Code.
d) Unenclosed storage of motor vehicles, parts thereof, trash,
garbage or refuse within the front yard setbacks for a period
longer than five consecutive days, in violation of Sections 15-
12.160(b) (1) and 15-12.160(b) (4) of the City Code.
e) Storage of hazardous materials in a manner which causes an
unauthorized discharge of hazardous materials or poses a
significant risk of such unauthorized discharge, in violation of
section 17-3(a) (2) of the city Code.
WHEREAS, pursuant to Section 3-15.020 of the City Code, a public
hearing was conducted by the City Council on October 16, 1991, at
which time any person interested in the matter was given an
opportunity to raise objections to the declaration of public
nuisance and the proposed abatement thereof, and upon the
conclusion of said hearing, the City Council overruled any and all
objections as may have been raised.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of
Saratoga as follows:
1. Pursuant to section 3-15.070 of the City Code, the City
Manager is hereby authorized, directed and ordered to abate the
public nuisances heretofore declared by the City Council to exist
upon the property known as 12501 De Sanka Avenue.
2. The abatement order issued herein shall be carried out, at any
time, upon a determination by the City Manager that the owner of
12501 De Sanka Avenue is not performing all work required to be
performed in a diligent or satisfactory manner.
3. In the event the City Manager determines that any abatement
work should be performed by the City, he is authorized to employ
the services of the City Attorney to secure such court orders and
to conduct such legal proceedings as may be necessary or
appropriate to carry out the purpose and intent of this nuisance
abatement order.
4. Upon completion of the abatement work, the City Manager shall
submit a report of costs to the city Council for the conduct of
assessment proceedings in accordance with Article 3-15 of the City
Code.
The above and foregoing resolution was passed and adopted by the
Saratoga city Council at a meeting held on the 16th day of october,
1991, by the following vote:
AYES:
Councilmembers Anderson, Clevenger, Mania and Mayor Kohler
NOES:
None
ABSENT: Counc i 1 member Stutzman
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ATTEST:
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