HomeMy WebLinkAbout8397 - Public Nuisance Abatement - 309 La JollaRESOLUTION NO. 8397 / 113 17.3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH FINDING AND DECLARING
THAT A CERTAIN PROPERTY AT 309 LA JOLLA
DRIVE IS A PUBLIC NUISANCE AND DIRECTING THE
OWNER TO ABATE SAID NUISANCE
WHEREAS, Chapter 15.28 of the Newport Beach Municipal
Code, entitled "Abatement of Substandard Buildings," provides
that substandard buildings, or the premises on which they are
located, as defined in said Chapter may be declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition
or removal; and
WHEREAS, the Building Director of the City of Newport
Beach has made inspection of the property located at 309 La Jolla
Drive, Newport Beach, legally described as follows:
Parcel 1
Lots 9 and 10 of Tract No. 444, in the City
of Newport Beach, County of Orange, State of
California, as per map recorded in Book 19
Page 29 of Miscellaneous Maps, in the Office
of the County Recorder of said County.
Except from said Lots 9 and 10 the-northwesterly
85.00 feet.
Said land is included within the area shown
as Parcel 2 of a parcel map filed in Book 42
Page 40 of Parcel Maps, in the Office of said
County Recorder.
Parcel 2
The northeasterly 5.00 feet of the 10.00 feet
wide alley between Lots 10 and 30 of Tract No.
444, in the City of Newport Beach, County of
Orange, State of California, as per map recorded
in Book 19 Page 29 of Miscellaneous Maps, in the
Office of the County Recorder of said County,
lying southeasterly of the northeasterly prolonga-
tion of the southeasterly line of the alley
between Lots 10 and 11 df said tract, as abandoned
by Resolution No. 4792 of the City Council of
Newport Beach, a certified copy of which was
recorded May 15, 1958 in Book 4287 Page 38 of
Official Records.
Said land is a portion of the alley shown within
Parcel 1 of a parcel map filed in Book 42 Page
40 of Parcel Maps, in the Office of the County
Recorder of said County;
and
WHEREAS, the Building Director has determined that
said property is in a condition that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants
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thereof, and has posted the property and given notice to the
owner in accordance with the requirements of Chapter 15.28; and
WHEREAS, the owner or other persons having interest
in the property have not complied with said notices, and were
advised of the time and place at which the City Council would
hold a hearing to determine whether said property is a public
nuisance which should be ordered abated; and
WHEREAS, on the 25th day of November, 1974, at the
hour of 7:30 p.m., in the City Council Chambers, a hearing was
held by the City Council, at which the Council considered the
testimony of the Building Director, or his authorized representa-
tive, and other competent evidence concerning the condition of
the property, at which time opportunity was given for the owner
or other persons claiming an interest in said property to show
cause, if any, why the building or structure should not be
ordered abated; and
WHEREAS, upon the conclusion of said hearing the City
Council made the following findings and orders:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the City Council hereby finds,
determines and orders as follows:
SECTION 1. That the property described above is hereby
declared to be a public nuisance as provided in Section 15.28.060
of the Newport Beach Municipal Code;
SECTION 2. The owner of said property is hereby
directed to abate the same within fifteen (15) days after the
date of posting on the premises of a notice of the passage of this
resolution, by correcting the conditions existing on said property,
by such actions as regrading and recompacting the property, install-
ing such protective devices as are necessary, such as retaining
walls, drains and water carrying devices, and repairing all utilities
on the property;
SECTION 3. If the nuisance is not so abated in
accordance with Section 2 hereof, or within such extension of
time as may be authorized by the City Manager, the City Manager
shall cause the necessary work to be done, and the expense
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thereof shall be made a lien on said property.
ADOPTED this 9th day of December , 1974.
ATTEST:
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FIED AS INAL
CITY CLERK OF THE CITY OF N ORT BEACH
1974
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12/10/74