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HomeMy WebLinkAboutResolution No. 76060 RESOLUTION NO. 7606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF VINCENZA FERRY AND AFFIRMING THE FINDING OF A NUISANCE AND ASSESSMENT TO ABATE THE NUISANCE FOR THE PROPERTY LOCATED AT 753 WEST GLADSTONE AVENUE, AZUSA, CITY NUISANCE CASE No. 84-111 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. On November 7, 1984, Vincenza Ferry filed an appeal from the November 7, 1984 decision of the Assistant to the City Administrator confirming the assessment for abate- ment of a nuisance at the subject property located at 753 West Gladstone Avenue, Azusa, California, more particularly des- cribed as Los Angeles County Assessor's Parcel No. 8616-26-36; B. On November 19, 1984, a hearing was held before the City Council pursuant to the provisions of Azusa Municipal Code Sections 15.08.110, 15.08.070 and 15.08.080 on Mrs. Ferry's appeal with evidence being received from the City through its Code Enforcement Officer David Rudisell and by Mrs. Ferry; C. Evidence having been received from the City and Mrs. Ferry and due consideration having been given to the respective positions of each side, the Council specifically finds that: (1) The subject property was a nuisance on September 20, 1984 when the declaration of nuisance was made within the meaning of Section 15.08.010(c), (d) and (f) of the Azusa Municipal Code in that at said time the property had abandoned signs, a structure in desparate need of painting and accumulated weeds and trash around the premises all in violation of said sections; (2) That Mrs. Ferry failed to comply with the order for the abatement of the nuisance within the time re- quired; (3) The amount expended by the City, $342.27 to correct the nuisance by painting the structure and removing the accumulated weeds and debris was a reasonable amount and in fact was considerably less than would have been required had private contractors done the work; (4) The City complied with all applicable law by sending the notice of the hearing on the nuisance and the hearing on the abatement assessment to Mrs. Vincenza Ferry at the address shown on the latest equalized tax assessment role and by posting on the property in accordance with the provi- sions of Section 15.08.040; (5) Section 15.08.040C. provides that the failure of any person to receive the notice required by said section shall not affect the validity of any proceedings under Chapter 15.08; (6) If Mrs. Ferry failed to receive notice of said hearing said failure to receive notice was not in any the fault of the City; (7) Mrs. Ferry has not in any way challenged the validity of the declaration of nuisance of the subject property nor challenged the reasonableness of the costs in- curred to abate said nuisance. SECTION 2. Based upon the findings set forth in Section 1 of this Resolution, the City Council of the City of Azusa does hereby deny the appeal of Mrs. Ferry and specifically affirms the decision of the Assistant to the City Administrator declaring the subject property to be a nuisance pursuant to Sections 15.08.040(c), (d), and (f) of the Azusa Municipal Code and further specifically affirms the decision of the Assistant to the City Administrator imposing reasonable costs in the amount of $342.27 upon the subject property for the necessary abatement of said nuisance. SECTION 3. The City Clerk shall send a certified copy of this Resolution to Mrs. Ferry by prepaid first class United States mail at the address shown in the public nuisance appeal filed by Mrs. Ferry on November 7, 1984. Such mailing shall constitute notice to Mrs. Ferry in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 15.08.100 that any action to renew this decision of the City Council shall be commenced not later than the ninetieth day following adoption of this Resolution. SECTION 4. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 3rd day of December , 1984. MAYOR/- I AYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting hereof, held on the 3rd day of December 1984, by the following vote of the Council: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLE -2-