HomeMy WebLinkAbout4104 - Abatement of Chain Link FenceRESOLUTION No. /4 y
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2 WHEREAS, it appears that there has been constructed on
3 top of the groin extending some 52 feet in a Southwesterly direc-
4 tion from the existing seawall in front of Lot 21, Tract 802, No.
5 20; Harbor Island, Newport Beach, California, beyond the mean higt
s tide line into the waters of Newport Bay, said groin being immed
7 iately adjacent to the Southwesterly prolongation of the Southeast
s erly line of said Lot 21, a chain link fence, some 6 feet in
s heighth, and extending the entire length of said groin into the
10 waters of Newport Bay; and whereas, it appears that said chain
11 link fence was constructed without there having been secured a
12 written permit from this City Council so to do; and
13 WHEREAS, it appears that the construction and continued
14 existence of said chain link fence was and is a public nuisance
15 for the following reasons:
is (1) That the fence was constructed contrary to the pro-
17 visions of Sections 1O149A and 10155 of the Municipal Code;
18 (2) That the continued existence of said fence is In-
19 jurious to the health of the residents and occupants of the City
20 of Newport Beach in that said fence, when washed by the flowing
21 and ebbing tides of Newport Bay, collects large amounts of animal
22 and vegetable debris which become in a rotten condition;
23 (3) That the continued existence of said fence is of-
24 fensive to the senses of the residents and occupants of the City
25 of Newport Beach in the same respects in which it is injurious to
26 the health of said persons; and
27 (4) That the continued existence of said fence obstrucl
28 the free passage and use in the customary manner of Newport Bay;
29 and
30 WHEREAS, it appears t?±at John MacLeod Is the present
31 owner of said Lot 21 and that said John MacLeod permits said char
32 link fence to exist in violation of said Sections 10149A and 1015!
it
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contrary to the provisions of Section 1200 of said Municipal Codej
and
WHEREAS, said Section 1200 of the Municipal Code
that the causing or permitting of such a condition to exist in
violation of any of the provisions of the Municipal Code should
be deemed a public nuisance and gives the City the power and right
to abate such nuisance; and
WHEREAS, it appears to be for the best interests of the
citizens of the City of Newport Beach that the nuisance created
by the continued existence of said chain link fence be abated;
NOW, THEP.EFORE, BE IT RESOLVED, that the City Attorney
of the City of Newport Beach is hereby authorized and directed
to bring an action in the Superior Court of the State of Californ
in and for the County of Orange, the purpose of which is to be to
abate the continued existence of said chain link fence as a publi
nuisance; he is further authorized and directed to take all lega]
steps necessary to abate such condition by civil, legal action.
The above and foregoing Resolution was duly passed and
adopted by the City Council of the City of Newport reach, at a
regular meeting thereof, held on the 13th day of July, 1953, by
the following vote, to wit:
AYES, COUNCILMEN: `� �ii%� /����i / ,4c
NOES, COUNCILMEN •_.
ABSENT COUNCILMEN: e-
ATTEST:
City lerX
K
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STATE OF CALIFORNIA )
• COUNTY OF ORANGE ) SS
CITY OF NEWPORT BEACH )
• I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution No. 4104 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of said
City Council held at the regular meeting place thereof, on the
13th day of July i , 19 53 by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Dated this
F1
Smith, Finch, Isbell, Bennett, Miller
None
None
23d day of September , 19 57.
S-
ty C e c aVd Ex-Officio Clerk
of the City Council, City of
Newport Beach, State of California.
1:1
Y
P:
F1
Smith, Finch, Isbell, Bennett, Miller
None
None
23d day of September , 19 57.
S-
ty C e c aVd Ex-Officio Clerk
of the City Council, City of
Newport Beach, State of California.
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