HomeMy WebLinkAboutResolution No. 77600 0
RESOLUTION NO. 7760
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE PUBLIC NUISANCE
APPEAL OF FRANKLIN S. KIDD AND AFFIRMING
THE FINDINGS OF THE NUISANCE FOR PROPERTY
LOCATED AT 740-760 SOUTH AZUSA AVENUE,
AZUSA, CALIFORNIA AND ORDERING CORRECTIVE
MEASURES THEREON (CITY CASE NO. 84-167)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On July 1, 1985 Franklin Kidd filed an
appeal from the June 25, 1985 decision of the
Assistant to the City Administrator confirming
the findings of a nuisance at the subject property
located at 740-760 South Azusa Avenue, Azusa,
California, more particularly described as
Los Angeles County Assessor's Parcel No. 8621-
24-14;
B. A hearing was held before the City
Council of the City of Azusa pursuant to the
provisions of Azusa Municipal Code Section
15.08.070 and 15.08.080 on Mr. Kidd's appeal,
with evidence being received from the City
through its code enforcement officer, David
Rudisel and by Franklin S. Kidd;
C. Evidence having been received from
the City and Mr. Kidd, and due consideration
having been given to the respective positions
of each side, the City Council specifically
finds that the subject property is a nuisance
within the meaning of Azusa Municipal Code
Section 15.08.O10c, d, f and m based upon the
following findings:
(1) the subject property is
zoned C-2 (restricted commercial
zone};
(2) the subject property is being
used by Mr. Kidd as a roofing
contractor storage yard which is
not permitted under the provisions
of the C-2 zone and which is
operating without a valid City
business license;
(3) the testimony of the code
enforcement officer and particularly
the nineteen photographs received
into evidence indicate a large
accumulation of junk, debris, weeds
and dismantled and inoperable vehicles
on the property;
(4) The City has received complaints
of the violations set forth above
0 0
and initiated an investigation in
June, 1985 and has attempted to
obtain compliance with the code
requirements since that time.
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 Franklin Kidd and
specifically affirms the decision of the Assistant to the
City Administrator of June 25, 1985 declaring the subject
property to be a nuisance pursuant to the provisions of
Section 15.08.O10c, d, f and m of the Azusa Municipal Code,
and that the following Order of Abatement be issued:
A. That the subject property only be
used for those purposes allowed under its
classification pursuant to Title 19 of the
Azusa Municipal Code, Zoning;
B. That the roofing materials/contractor
storage yard be removed from the subject
property on or before September 5, 1985;
C. That all rubbish, weeds, debris,
cast off items and inoperative/dismantled
vehicles be removed from the property or
properly stored in an enclosed garage on or
before August 15, 1985;
D. Should the property owner/lessee
fail to comply with the Order of Abatement,
or the time frames therein, the City of
Azusa may cause abatement civil injunction,
criminal prosecution, or abatement by
contract;
E. Should the City of Azusa incur any
costs or expenses for abatement, they shall
be assessed against the property owner and/or
the lessee pursuant to the provisions of
Chapter 15.08 of the Azusa Municipal Code.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to Mr. Kidd and to Eva M. Monia,
c/o Mary J. Abbott, by prepaid first class United States mail
at the addresses shown in the Public Nuisance Appeal filed
by Mr. Kidd, or as set forth in the public hearing thereon.
Such mailing shall constitute notice to Mr. Kidd and Ms. Monia
and Ms. Abbott in accordance with Code of Civil Procedure
Section 1094.6 and 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 ninetieth (90th) day
following the adoption of this Resolution.
SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of
August , 1985.
aMAYOR
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa, at a
-2-
0 0
regular meeting thereof, held on the 5th day of August
1985, by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSENT: PCOUNCIL MEMBERS
A 01 L
CRUZ, COOK, CAMARENA, MOSES
NONE
I1I:V W VA
-3-