HomeMy WebLinkAboutAgenda Statement 1974/01/08 Item 21
AGENDA ITEM NO. [ 21]
CHULA VISTA CITY COUNCIL MEETING OF: January 8, 1974
Resolution - Declaring the Maintenance and Operation of an Autanobile
ITEM TITLE: Bcxiy and Paint Shop on Prqaty located at 24 Broadway to re a Public
Nuisance, and Directing the City Attorney to take Appropriate legal
Action to Forthwith Abate said Nuisance
INITIATED BY: City Attorney
BACKGROUND
As the City Council is aware, the premises located at 24 Broadway,
owned by Manuel Machado were denied use as an automobile body and
paint shop by the Council in June of 1973.
Thereafter, the owner continued the operation in open defiance of
Council direction to cease and desist within 30 days. Mr. Machado
obtain a temporary restraining order against the City's enforcement
of the ordinance and sought an injunction. After several hearings
in the Superior Court conducted by the Deputy City Attorney, the
temporary restraining order was dissolved and the action for an
injunction was dismissed on December 14, 1973.
The City Attorney's office has filed several criminal complaints
in this matter all of which have resulted in pleas of not guilty
and requests for jury trial, which have been set for late April of
1974. In the meantime, Mr. t1achado continues to pursue his activi-
ties contrary to the provisons of the Zoning Ordinance.
Therefore, it is now recommended in the interests of the public
health, safety and general welfare that the activity be declared a
nuisance and action be taken to abate the same forthwith.
A resolution has been prepared for Council action.
ATTACHED:
Resolution [~
Ordinance [ ]
Agreement [ ]
Plat [ ]
See EXHIBITS [X] No. I
Financial Statement: N/A
Commission-Board Recommendation:
N/A
Department Head Recommendation:
Approval of Resolution
City Manager Recommendation:
Concur with Department Head
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