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HomeMy WebLinkAbout4104 - Abatement of Chain Link FenceRESOLUTION No. /4 y 1 N 2 WHEREAS, it appears that there has been constructed on 3 top of the groin extending some 52 feet in a Southwesterly direc- 4 tion from the existing seawall in front of Lot 21, Tract 802, No. 5 20; Harbor Island, Newport Beach, California, beyond the mean higt s tide line into the waters of Newport Bay, said groin being immed 7 iately adjacent to the Southwesterly prolongation of the Southeast s erly line of said Lot 21, a chain link fence, some 6 feet in s heighth, and extending the entire length of said groin into the 10 waters of Newport Bay; and whereas, it appears that said chain 11 link fence was constructed without there having been secured a 12 written permit from this City Council so to do; and 13 WHEREAS, it appears that the construction and continued 14 existence of said chain link fence was and is a public nuisance 15 for the following reasons: is (1) That the fence was constructed contrary to the pro- 17 visions of Sections 1O149A and 10155 of the Municipal Code; 18 (2) That the continued existence of said fence is In- 19 jurious to the health of the residents and occupants of the City 20 of Newport Beach in that said fence, when washed by the flowing 21 and ebbing tides of Newport Bay, collects large amounts of animal 22 and vegetable debris which become in a rotten condition; 23 (3) That the continued existence of said fence is of- 24 fensive to the senses of the residents and occupants of the City 25 of Newport Beach in the same respects in which it is injurious to 26 the health of said persons; and 27 (4) That the continued existence of said fence obstrucl 28 the free passage and use in the customary manner of Newport Bay; 29 and 30 WHEREAS, it appears t?±at John MacLeod Is the present 31 owner of said Lot 21 and that said John MacLeod permits said char 32 link fence to exist in violation of said Sections 10149A and 1015! it 1 • 2 3 4 5 6 7 8 9 10 11 12 13 s 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 contrary to the provisions of Section 1200 of said Municipal Codej and WHEREAS, said Section 1200 of the Municipal Code that the causing or permitting of such a condition to exist in violation of any of the provisions of the Municipal Code should be deemed a public nuisance and gives the City the power and right to abate such nuisance; and WHEREAS, it appears to be for the best interests of the citizens of the City of Newport Beach that the nuisance created by the continued existence of said chain link fence be abated; NOW, THEP.EFORE, BE IT RESOLVED, that the City Attorney of the City of Newport Beach is hereby authorized and directed to bring an action in the Superior Court of the State of Californ in and for the County of Orange, the purpose of which is to be to abate the continued existence of said chain link fence as a publi nuisance; he is further authorized and directed to take all lega] steps necessary to abate such condition by civil, legal action. The above and foregoing Resolution was duly passed and adopted by the City Council of the City of Newport reach, at a regular meeting thereof, held on the 13th day of July, 1953, by the following vote, to wit: AYES, COUNCILMEN: `� �ii%� /����i / ,4c NOES, COUNCILMEN •_. ABSENT COUNCILMEN: e- ATTEST: City lerX K 7 STATE OF CALIFORNIA ) • COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) • I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4104 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 13th day of July i , 19 53 by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this F1 Smith, Finch, Isbell, Bennett, Miller None None 23d day of September , 19 57. S- ty C e c aVd Ex-Officio Clerk of the City Council, City of Newport Beach, State of California. 1:1 Y P: F1 Smith, Finch, Isbell, Bennett, Miller None None 23d day of September , 19 57. S- ty C e c aVd Ex-Officio Clerk of the City Council, City of Newport Beach, State of California. 1:1