HomeMy WebLinkAboutResolution No. 7670RESOLUTION NO. 7670
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE PUBLIC
NUISANCE APPEAL OF JERRY YOUNG AND
AFFIRMING THE FINDING OF A PUBLIC
NUISANCE AND THE ORDER TO ABATE THE
NUISANCE FOR THE PROPERTY LOCATED AT 423
SOUTH VIRGINIA, AZUSA, CITY NUISANCE
CASE NO. 85-2
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 January 23, 1985, Jerry Young filed an
appeal from the January 16, 1985 decision of the Assistant
to the City Administrator declaring the property at 423
South Virginia Avenue,.Azusa, assessors parcel No. 8614-28-7
(hereinafter subject property) to be a public nuisance as
defined in Sections 15.08.010 C, D & M, of the Azusa
Municipal Code;
B. On February 19, 1985, a hearing was held
before the.City Council and pursuant to the provisions of
Azusa Municipal Code Sections 15.08.010, 15.08.070,
15.08.080, & 15.08.090 on Mr. Young's appeal with evidence
being received under oath from the City through its Code
Enforcement Officer David Rudisel and by Mr. Young as well
as receiving into evidence the following documents:
(1) A memorandum dated February 13, 1985 from the
Code Enforcement Officer to the City Council;
(2) The Public Nuisance Appeal of Jerry D. Young
dated January 23, 1985;
(3) The Notice of Declaration of Public Nuisance
in order to abate dated January 16, 1985;
(4) A memorandum to the Public Nuisance hearing
officer from Dave Rudisel Code Enforcement
dated January 14, 1985;
(5) Notice of Nuisance hearing dated January 2,
1985;
(6) Notice of hearing to abate Nuisance also
dated January 2, 1985;
(7) Resolution No. 2086 of the Planning
Commission of the City of Azusa dated
November 7, 1984;
(8) Six photographs depicting the condition of
the subject property.
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C. Evidence having been received from the City
and Mr. Young and due consideration having been giving to
the respective positions of each side, the City Council
specifically finds and determines that:
(1) The subject property is a Public Nuisance
within the meaning of Section 15.08.010 C. of
the Azusa Municipal Code in that the property
has a substantial accumulation of junk,
debris, cast off items, wood, weeds,
machinery, piles of dirt and construction
debris;
(2) The subject property is a Public Nuisance
within the meaning of Section 15.08.O10D. of
the Azusa Municipal Code in that the property
is maintained in an unsatisfactory manner and
detrimental to the neighboring property
because of the accumulation of trash and junk
on the property;
(3) The subject property is a Public Nuisance
within the meaning of Section 15.08.010 M. of
the Azusa Municipal Code in that the property
has stored upon it and parked upon it
inoperative and/or dismantled vehicles;
(4) The City complied with all applicable law by
sending the Notice of the Hearing on the
Nuisance and the Hearing before the council
to Mr. Young at the address shown on the
latest equalized tax assessment role and by
posting the property in accordance with the
Provision of Section 15.08.040;
(5) Mr. Young has not challenged the finding of
Public Nuisance set forth in the hearing
officers decision but it simply requested
more time to clean up the property;
(6) More than adequate time has been afforded Mr.
Young to clean the property in that he was
first notified of the violations prior to
November, 1984 and requested to correct the
problems at that time;
SECTION 2. Based upon the finding set forth in
Section 1 of this resolution, the City Council of the City
of Azusa does hereby deny the appeal of Jerry D. Young and
specifically affirms the decision of the assistant to the
City Administrator declaring the subject property to be a
Nuisance pursuant to Sections 15.08.010 C. D. & M. of the
Azusa Municipal Code and further specifically affirms the
order to abate dated January 16, 1985. The City Council of
the City of Azusa hereby orders Jerry D. Young to comply
with the Order to Abate immediately.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to Mr. Young by prepaid First Class
United States Mail at the address shown on the Public
Nuisance Appeal filed by Jerry D. Young on January 23,
1985. Such mailing shall constitute notice to Mr. Young in
accordance with Code of Civil Procedure Section 1094.6 and
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Azusa Municipal Code Section 15.08.100 that any action to
review this decision of the City Council shall be commenced
not later than the 90th day following adoption of this
Resolution.
SECTION 4. City Clerk shall certify the adoption
of this resolution.
PASSED, APPROVED AND ADOPTED this 4th day
of March , 1985.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa, at a
regular meeting thereof , held on the 4th day of 1985,
by the following vote of the Council:
AYES: COUNCIL MEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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CI7Y CLERK
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