CC Resolution 8308
I.
RESOLUTION NO. 83G8
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AUTHORIZING THE ABATEMENT AND
METHOD OF ABATEMENT FOR THE SHARMON PALMS PAVING
PROJECT ABATEMENT PHASE 2.
WHEREAS, the City Council of the City of Campbell has declared
the Sharmon Palms Alleyways Phase 2 to be a nuisance; and
WHEREAS, the owners of certain properties have not abated, or
contracted to abate the nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Campbell that the Mayor and the City Clerk authorize the use
of police powers to enforce the abatement of said nuisance. Any
cost involved with the authorization shall become a lien upon
those properties not abating the nuisance voluntarily, such lien
shall be recorded with the County Tax Assessor's Office.
Based on the evidence presented at the hearing of May 19, 1992
the City Council finds that the condition of the real property
commonly known as the Phase 2 alleyways to the Sharmon Palms
Complex of buildings, in Campbell, California constitutes a
public nuisance in that these alleyways are maintained in such a
manner so as to be injurious to the health and safety and
offensive to the senses due to the presence of the following
conditions:
1. Numerous large potholes in the existing gravel surface
some of which are over six inches deep and are
structurally unsafe and have faulty weather protection.
2. Inadequate surface drainage of on-site water to an
approved storm drainage inlet.
3. Inadequate paving slope to prevent water accumulation.
4. No provision for storage of garbage/trash containers.
5. Adjoining fences and walls are broken and deteriorated to
the point that they present a hazardous condition.
6. The maintenance of the property in the above mentioned
condition is so out of harmony with the maintenance
standards of adjoining neighborhoods as to cause
substantial diminution of the enjoyment, use and property
values of such adjacent properties.
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Page 2
Now, therefore, the City Council orders that the owners, or
other persons having charge or control of the premises abate the
nuisance within ten (10) days from the date of this order by the
following methods:
1.
Joining as participants
Project by signing the
required funds.
in the
contract
Sharmon Palms Paving
and depositing the
2. Contract with a licensed paving contractor to install an
asphalt surface to the same specifications as the Sharmon
Palms Paving Contractor and in cooperation with that
paving contract construction time schedule.
All materials removed shall be disposed of at an approved
disposal facility.
If the nuisance is not completely abated within the
aforementioned ten (10) days by the owner or person having
charge or control of the premises, then City Officials are
authorized to cause the nuisance to be abated by City forces or
private contract and assess the owner or his property for the
costs incurred.
PASSED AND ADOPTED
following vote:
this 19th
day of
May
, 1992, by the
AYES: Councilmembers:
Kotowski, Conant, Ashworth, Watson, Burr
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
APPROVED:
~~~~~~
Donald R. Burr, Mayor
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ATTEST:
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Barbara Kee, City Clerk