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HomeMy WebLinkAboutCC RES 70-55 RESOLUTION NO. 70-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETER- MINING THE EXISTENCE OF A PUBLIC NUISANCE --- 4 The City Council of';the City of Tustln does hereby ,. · 5 resolve as follows: .. 1. The City Count. il finds and determines as follows: 10 11 15 · 18 19 a) That on ~.~o~,c.]~.,.ber 2 , 1970, the City Council duly set a.public hearing for December 7, 1970, in the Council Chambers, City Hall, 140 W. Second Street, Tustin, Ca'lifornia, at 7:30 P.M., as the time and place for the owners and any and all other persons to show cause why the hereinafter described struc- · ture should not be declared a dangerous building, and/or a public nuisance. . b) That notice of said public hearing was duly given to the owner of said property, to adjacent property owners and to the general public, by mailing of a · copy of said Notice of Hearing to the owner of said structure and to all owners of property located within 300 feet of said structure, and by publica- tion of said Notice in The Tustin News, a newspaper of general circulation published in the City of Tustin, County of Orange, State of California. · c) That said public hearing was duly held on December 7, 1970, and all interested persons were permitted to be present and to address the City Council and to present relevant evidence, and reports of the Fire Department, Police Department and Building Department. were received and filed. ~0 ~4 ~? 3O d) That the subject structure is a packing house' and appurtenances adjacent thereto, located on the real property on the westerly side of Newport Avenue, between Laguna Road and Main Street, commonly known as 13801 Newport Avenue, Tustin, California, and ..more particularly described in those certain Deeds: ., 1) Da ted February 28, 1888, recorded in Deed Book 451, at. Page 300, on July 9, 1888, in the office of the County Recorder of Los Angeles County; 2) Da ted March 9, 1888, recorded in Deed Book 4510 at Page 316, on June 9, 1888, in the Office of the County Recorder of Los Angeles County; 3) Dated May 28, 1889, recorded in Deed Book 570, at Page 288, on June 27, 1889, records of Lo:; Angeles County; being the real property lying along the northwesterl' side of. Newport Street in the Town of Tustin, and being a portion of Blocks Nos. 34, 21 and 20, as shown on the Map of the City of Tustin, as recorded in Book No, 4, Page 219 of Miscellaneous Records o~ I,os Angele~ C¢,unty. 10 15 14 e) g) That the PaCific Pacific Company. owner of the subject structure is Southern Company, successor in interest to Southern Railroad Company and..Pacific Improvement That the owned,of said property has'advised the Cl~ Council that l~ does not object to the finding tha the property constitutes a public nuisance, and.has agreed that it will cause the subject structure to removed and the .nuisance abated. That are an obstruction to the free so as to interfere with the ment of life and property, health, safety and comfort adjacent residents, to the the entire community,and to the subject structure and its injurious to health, offensive appurtenances to the senses and use of adjaCent property, comfortable and safe enjoy and pose danger to the of adjacent property owners adjacent neighborhood, to a large and considerable number of persons located therein, and-to the general public. That the maintenance of said structure and its appurtenances is causing irreparable damage to the property Owners in the vicinity, to residents in the vicJ. nity, and to the general public at large, and J.f allowed to continue will continue to cause such irreparable injury. 15 16 17' I8' 19. 2. That tenances there to nuisance. the her~inabove-described structure and are hereby declared and determined to be the app u r_=.. a publii ~ 3. The owner of said property, the Southern Pacific Company, is hereby ordered to abate the said public nuisance by the removal of s.aid structure and the appurtenances thereto, .and the leaving Of .the premises in a level, clean, proper and safe condition, within six (6) months from the date of this Resolution. 4. In the event tha't the said nuisance is not abated as herein prescribed within the time l:lmit herein prescribed, the City Attorney is hereby authorized and directed to take all such steps as are reasonably necessary or convenient to enforce the abatement of the said nuisance. · PASSED AND ADOPTED at a regular meeting of the City Council 24' of the City of Tustin, held on the .7th day of December, 1970. ° / ATTEST: ' ,,"'"' J .... , "" ................ .:. "" I ........ ""*~---T-" ;'''~ . r ........ :50' ! ' ~D%YOR 52' HOLI'~ROOK JGR:rg 1.2-.3 -- 70 ~ANTA AN~ STATE OF CALIFOR?,IIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN RUTI! C'. POE, City Clerk and ex' officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole .nun~er of the members ofl the City Council of the City of Tustin is five; that the abov:e and foregoing Resolution No..20-_55 was duly and regularly introduced, read, passed and' adopted at a regular meeting of the City Council held on the __/7th day of De.c.~.m]~..er , 19 70 , by the following vote- AYES: CO~'~ · · o~CILMEN GOCO, C MILLER, MARSTERS, L MILLER NOES: COUNCIL~EN NONE ABSENT: COUNCIL['.ZEN OSTER 0 City ~Ierk,~~y '0f T'Us'tin", 'C'ailf'o~i~" ' -'-