HomeMy WebLinkAboutCC Res 6237 2012-03-12 RESOLUTION NUMBER 6237
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING THAT THE RECREATIONAL VEHICLE PARKED IN
THE DRIVEWAY AT 4588 DOGWOOD AVENUE, SEAL BEACH
IN VIOLATION OF SEAL BEACH MUNICIPAL CODE SECTION
11.4.05.100(0)(2) CONSTITUTES A PUBLIC NUISANCE AND
ORDERING ITS ABATEMENT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On March 12, 2012, the City Council for the City of Seal Beach
("City") held a duly noticed public hearing to consider whether the illegal parking
of a recreational vehicle ("RV") in the driveway at the single family residence
located at 4588 Dogwood in the City constitutes a public nuisance. Notice was
provided to the owner of the property and posted at City Hall and a public library.
Section 2. The owner was provided an opportunity to present evidence and
cross examine witnesses. The City presented evidence supporting a finding that
a nuisance exists at the above-described property.
Section 3. Based upon the evidence presented, the City Council hereby finds:
A. After receiving complaints that a recreational vehicle ("RV") has
been parked illegally in the driveway at the single family residence located at
4588 Dogwood in the City, City code enforcement staff issued three citations to
Tommy Goodwin, the owner of the property.
B. Mr. Goodwin appealed the first $100 citation that was issued to him
on September 26, 2011. In accordance with the requirements of the Seal Beach
Municipal Code, the City provided an appeal hearing on November 29, 2011,
before an independent hearing officer.
C. During the hearing, Administrative Law Judge Vallera J. Johnson,
State of California Office of Administrative Hearings heard argument and
evidence from Mr. Goodwin and legal counsel representing the City.
D. On December 6, 2011, the judge issued a written decision with the
following findings: 1) The storage and parking of Mr. Goodwin's RV in his
driveway violate the municipal code; 2) no exemption exists in the Municipal
Code that would allow him to park the RV in a manner contrary to the Municipal
Code so that it may be used as an emergency vehicle for the community; and 3)
Mr. Goodwin violated subsections (a) and (b) of Seal Beach Municipal Code
Section 11.4.05.100(0)(2). Accordingly, the City's citation and fine were upheld.
E. City staff has attempted on many occasions to obtain voluntary
compliance with the Municipal Code. However, Mr. Goodwin has continued to
park his RV in violation of the municipal code, and has not paid his administrative
fines. Staff has issued additional citations.
F. Seal Beach Municipal Code Section 7.35.010.A states:
"A public nuisance is any violation of this code or anything which is
injurious to health, indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property by a neighborhood or by a
considerable number of persons, even where the annoyance or
damage inflicted upon individuals is unequal. The city council shall
have the power to declare by resolution that any particular act or
condition constitutes a public nuisance." (Emphasis added.)
Resolution Number 6237
G. California Civil Code Section 3494 authorizes cities to abate public
nuisances:
"A public nuisance may be abated by any public body or officer
authorized thereto by law."
H. Pursuant to Municipal Code Section 7.40.010B, the City has
notified Mr. Goodwin that it has elected to seek recovery of its own costs and
attorneys' fees incurred in connection with this proceeding or abatement.
Section 4. Based upon the foregoing, and based upon the record, including
but not limited to the staff report, exhibits thereto and public testimony, the
Council hereby finds and declares that the subject property is a nuisance.
Section 5. Based upon the foregoing, and based upon the record, including but
not limited to the staff report exhibits thereto and public testimony, the Council
hereby orders the nuisance to be abated.
Section 6. The City Council hereby directs staff to serve the property owner with
a written Notice to Abate a Public Nuisance in a form approved by the City
Attorney.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 12th day of March, 2012 by the following vote:
AYES: Council Members: 0 tdithi t , J& JAitieh 7
NOES: Council Members: ar
ABSENT: Council Members: /C (,O
ABSTAIN: Council Members: 1Q
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COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6237 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 12th day of March, 2012.
it Clerk