CC Resolution 8125RESOLUTION NO 8125
BEING A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL AUTHORIZING THE ABATEMENT
AND METHOD OF ABATEMENT FOR THE
SHARMON PALMS PAVING NUISANCE
WHEREAS, the City Council of the City of Campbell has declared
the Sharmon Palms alleyways 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 June 4, 1991
the City Council finds that the condition of the real property
commonly known as the allevwavs 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.
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 in the Sharmon Palms Paving Project
by signing the contract and depositing the required funds.
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 (l0) 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.
PASSES AND ADOPTED THIS 18th day of June , 1991, by the
following vote:
AYES: Councilmembers: Ashworth, Watson, Conant, Burr
NOES: Councilmembers: zone
ABSENT: Councilmembers: xotowski
APPROVED:
Donald R_ Burr, _ Mayor pro Tem
ATTEST: _ /'
~.
~ /.,
Barbara Olsasky, City CJlerk