Resolution Number 11-06-07-07RESOLUTION NO. 11-06-07-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ORDERING VEHICLE ABATEMENT,
REMOVAL, AND DISPOSING OF A 1961 FORD TRUCK ON PROPERTY
LOCATED AT 25865 AVENIDA MARIPOSA.
WHEREAS, Stanley Davis ("Davis") is the owner of the subject vehicle, a 1961
Ford Truck, License Number 8767599, VIN # F11 CR171064, that he purchased from
Michael Carey Lucarelli for $150 ("Vehicle"); and
WHEREAS, during one of numerous inspections concerning violations of the San
Juan Capistrano Municipal Code ("SJCMC") by Davis, the City discovered the Vehicle
at 25865 Avenida Mariposa ("Property");
WHEREAS, the Vehicle was located in plain view of the public street; and
WHEREAS, the City observed and determined that the Vehicle was abandoned,
wrecked, dismantled or inoperable pursuant to Chapter 5-1 of the SJCMC; and
WHEREAS, on March 29, 2011, the City notified Davis and Jeffory and Tekla
Brantley, the Property owners, of this violation; and
WHEREAS, on April 12, 2011, the City discovered that Davis did not comply with
the City's March 29, 2011 Notice of Violation; and
WHEREAS, on April 12, 2011, the City notified Davis and the owners of the
Property located 25865 Avenida Mariposa of the City's intent to abate and remove the
Vehicle; and
WHEREAS, pursuant to Section 5-1.10, if a request for a hearing is not received
from the Vehicle owner or the Property owners within ten (10) days after the mailing of
the notice of intention to abate and remove, the City has the authority to abate and
remove the Vehicle as a public nuisance without holding a public hearing; and
WHEREAS, after the passing of fifteen (15) days, and after determining that no
exemption applied, the City proceeded to abate and remove the Vehicle on April 27,
2011; and
WHEREAS, on May 12, 2011, Davis requested, and was granted, an appeal
before the City Council to determined whether the Vehicle is "abandoned, wrecked,
dismantled or inoperable" that may be abated and removed by the City; and
WHEREAS, on May 26, 2011, the City gave notice to Davis and the Property
owners at 25865 Avenida Mariposa of this June 7, 2011 hearing; and
WHEREAS, on June 7, 2011, the City Council conducted a duly noticed public
hearing and, after reviewing and hearing all the evidence, finds that the Vehicle is
subject to abatement and removal according to SJCMC Chapter 5-1 governing
Abandoned, Wrecked, Dismantled, and Inoperative Vehicles.
NOW, THEREFORE, THE CITY COUNCIL RESOLVES, DETERMINES, AND
ORDERS AS FOLLOWS:
SECTION 1. Based on evidence in the record, City Council makes the following
findings:
1. City officials properly identified the Vehicle as an "abandoned,
wrecked, dismantled or inoperative" vehicle subject to abatement and
removal under the SJCMC.
2. City officials properly notified the Vehicle owner and Property owner
pursuant to the requirements in the SJCMC.
3. City officials properly pursued abatement and removal of the Vehicle
pursuant to the requirements in the SJCMC.
SECTION 2. Based on evidence in the record, City Council further finds that the
Vehicle is "abandoned, wrecked, dismantled or is inoperative" under the SJCMC, that
the Vehicle is a public nuisance, and that the Vehicle shall be removed from the
Property.
SECTION 3. City Council authorizes and directs City staff to dispose of the
Vehicle according to the procedures set forth in Chapter 5-1 of the SJCMC.
SECTION 4. City Council further authorizes City staff to pursue all administrative
costs and the costs of removal, as may be necessary for the removal and disposing of
the Vehicle.
PASSED, APPROVED AND ADOPTED this 7t" day of June, 2011.
S M ALLEVATO, MAYOR
2 6/7/11
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
i, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 11-06-07-07 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7
day of June 2011, by the following vote:
AYES: COUNCIL MEMBERS: Freese,
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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MORRIS,fty Clerk
Taylor, Kramer and Mayor Allevato
3 617/11