1. Defendants do hereby immediately and completely abrogate and extinguish all heretofore asserted claims regarding legal nonconforming uses of the property, excepting only residential use in the permitted main dwelling and the permitted outbuilding.
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2. Defendants shall file with the County Recorder’s Office and publish a new Fictitious Business Name Statement, naming a legitimate principal place of business (ie., business headquarters) other than 810 Fishback Street. Alternatively, file and publish an Abandonment of Fictitious Business Name Statement for TLC Catering..
3. Defendants shall abate all the following structures, vehicles, equipment, appliances, and other personal property comprising illegal nonconforming uses, structures without permits, or nuisances. Each item below requires a certification of completion by an appropriate inspector from the City of Manteca.a. Remove the mobile home, license # FQ1259, and register abandonment of street address, 812 Fishback Street, with the City of Manteca.
b. Remove the equipment and demolish the covered patio structure behind mobile home (eastward.)
c. Remove the Trailmobile refrigerated shipping container.
d. Remove the grease barrels and demolish the storage corral and its impermeable surfaces.
e. Remove the equipment and demolish the covered patio, concrete pad, and corral fence within fourteen feet south of the north property line (that is, everything between the outbuilding and the north fence.)
f. Remove the chest freezer on covered porch attached to main dwelling (eastward.)
- Scotsman icemaker and condenser and Follett storage/dispensing bin
- Scoops, wheelbarrows, plastic 5-gallon pails
- Admiral freezer/refrigerator combo
- Kenmore upright freezer
- Bally walk-in freezer
g. Remove the outdoor radio, including the outdoor speaker attached to outbuilding.
h. Remove all other equipment, fixtures, parts stocks, and inventories currently or formerly used in the nonconforming uses.
i. Demolish other impermeable surfaces encroaching within current setback requirements immediately south of the north property line.
j. Replace north property line fence deteriorated by drainage from illegal nonconforming structures and impermeable surfaces.
k. Remove all commercial vehicles.
l. Remove all inoperable, unlicensed, or unused vehicles formerly used in the nonconforming uses.When the abatement tasks in #3 are done, the property will be considered rehabilitated to residential use. The only things left standing will be: 1) the main dwelling, 2) the permitted outbuilding, 3) the metal garden shed, 4) seven photovoltaic panels, 5) the Wilderness Advantage travel trailer, 6) the pole and fabric gazebo, and 7) a couple junk cars.
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4. Defendants shall abate all outdoor business processes on the property.a. Discontinue all commissary operations including, but not limited to, taking deliveries from commercial food and supplies vendors. Register the discontinuance (with or without a commissary change of address) with the San Joaquin County Environmental Health Department.
b. Discontinue parking or bringing Mobile Food Preparation Units onto the property for any purpose. Register the discontinuance (with or without a new commissary address) with the San Joaquin County Environmental Health Department.
c. Discontinue self-disposal of solid wastes. Register with the City of Manteca for residential refuse collection service..
5. Pay the 1996 Small Claims debt owed to the City of Manteca, $815.01. At 5% per annum, on June 21, 2010 the amount will come to $1,613.66. (This is subordinate to Plaintiff's claims, below.)
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6. Keep only three dogs and/or cats on the property, per MMC 17.07.030, The Keeping of Animals..
7. All of Defendants' personal property accessory to outdoor residential use, attended or unattended, shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance at the north property line..
8. Pay Plaintiff’s legal and court costs of $ _______..
9. Pay Plaintiff’s compensatory damages of research time and expenses in the amount equal to Plaintiff’s legal and court costs of $ _______..
10. Pay Plaintiff’s amended nuisance damage claim of $ _______ (three years @ $ 100 per night.).
11. The Eleventh Commandment. Every morning from now on, after 8:00 a.m., each Defendant shall repeat aloud ten times the motto:
“Good Neighbors Keep Their Noise To Themselves”
