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R 2304 88 RESOLUTION NO. 2304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF AT 1203 GRAND AVENUE WHEREAS, the City Council of the City of Arroyo Grande has adopted a resolution declaring its intent to hold a public hearing to ascertain whether a public nuisance exists at the property located at 1203 Grand Avenue, Arroyo Grande, and more particularly described as in the county of San Luis Obispo, State of California, Tract 10, Portion of Lot 7, County Assessor's Parcel No. 77-141- 18; and WHEREAS, said public hearing was held at the regular City Council meeting of April 11, 1989; and WHEREAS, testimony was taken from the public and the City staff: and WHEREAS, it is necessary to resolve the following matter as expeditiously as possible due to: 1. The owner of the property located at 1203 Grand Avenue has failed to comply with the Uniform Fire Code Section 79.221(e), which states any underground fuel storage tank out of service for one year shall be re- moved. 2. These conditions are a fire and explosion hazard, as well as an environmental problem. NOW, THEREFORE, BE IT RESOLVED that it is the finding of the City Council of the City of Arroyo Grande that public nuisance exists as described above and said nuisance shall be abated, within 30 days after adoption of this resolution I by removal of the underground tanks in an approved manner and by restoring all property to an environmentally safe condition. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to serve upon the owners of the aforementioned property in accordance with Ordinance No. 309 C.S., a copy of this resolution; and BE IT FURTHER RESOLVED that in the event abatement has not been completed in full by the owner, it is the intent of the City Council to direct the Director of Building and Fire to abate said nuisance and assess the costs thereof to the owner of said property. On motion of Council Member smith, seconded by Council Member Dougall, and on the following roll call vote, to wit: AYES: Council Members Smith, Dougall, Olsen, Moots and Mayor Millis NOES: None ABSENT: None the foregoing resolution was passed and adopted this 11th day of April, 1989. A;R~~~ MAYOR ATTEST: ~a.~ CITY CLE