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HomeMy WebLinkAboutResolution No. 77430 0 RESOLUTION NO. 7743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF EDWIN SUTHEIMER AND AFFIRMING THE FINDINGS OF A NUISANCE FOR PROPERTY LOCATED AT 415 EAST FOOTHILL BOULEVARD AND ORDERING CORRECTIVE MEASURES THEREON (CITY CASE NO. 84-102) 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 March 25, 1985, Edwin M. Sutheimer filed an appeal from the March 21, 1985 decision of the Assistant to the City Administrator confirming the findings of a nuisance at the subject property located at 415 East Foothill Boulevard, Azusa, California, more particularly described as Los Angeles County Assessor's Parcel No. 860829-21; B. A hearing was held before the City Council of the City of Azusa pursuant to the provisions of Azusa Municipal Code §§ 15.08.070 and 15.08.080 on Mr. Sutheimer's appeal, with evidence being received from the City through its Code Enforcement Officer, David Rudisel, and by Eugene Osko, Esq., attorney for Mr. Sutheimer; C. Evidence having been received from the City and Mr. Sutheimer, and due consideration having been given to the respective positions of each side, the City Council specifically finds that subject property was a nuisance within the meaning of Azusa Municipal Code §§ 15.08.010 A,D,F and M. Based upon the following findings: (1) The house on the subject property was built in 1930, based upon construction type and materials. A zone change occurred in 1957, placing the property in the C-2 zone (restricted commercial), which rendered the residential use nonconforming with an amortization period of 20 years from 1957. The amortization period expired in 1977, at which time the property was required to conform to the C-2 zoning standards, pursuant to § 19.24.010, et seq. of the Azusa Municipal Code. At the present time, the property has seven units in violation of the C-2 zoning standards. (2) The subject property has certain dangerous conditions existing upon it, consisting of exposed wiring and extensive use of extension cord wiring in violation of the Los Angeles County Electrical Code and Health & Safety Code § 17920.3(d), unvented heaters 0 in violation of § 807(c) of the Los Angeles County Mechanical Code, lack of natural gas shutoff valves on appliance connections in violation of § 822 of the Los Angeles County Health Code and § 503(a) of the Los Angeles County Mechanical Code, and inadequate exits and ventilation in violation of § 1205(a) of the Los Angeles County Building Code. (3) The subject property also has certain substandard conditions consisting of damaged floors, walls and ceilings in violation of Health & Safety Code § 17920.3(a)13 and (b)2 and the Los Angeles Building Code, electrical violations pursuant to Health & Safety Code § 17920.3(d) and the Los Angeles County Electrical Code, cockroach infestation in violation of § 809(b)10 of the Los Angeles County Health Code, lack of hallway lighting in violation of § 3306(p) of the Building Code and Health & Safety Code § 17920.3, inadequate head clearance in hallway exit from upstairs in violation of § 3306(p) of the Los Angeles Building Code, illegal construction (garage conversions and curtain walls) in violation of § 301(a) of the Los Angeles County Building Code, inadequate sanitation facilities in violation of § 1205(b) of the Building Code and § 809(b)l of the Los Angeles County Health Code, illegal plumbing in violation of § 1205(b) of the Los Angeles County Building Code and § 809(b)1 of the Los Angeles County Health Code, use of other than habitable rooms for living, cooking or eating purposes in violation of § 825 of the Los Angeles County Health Code, and lack of water supply adequate to maintain the health of inhabitants in violation of § 1205(b) of the Building Code and the Los Angeles County Plumbing Code. (4) The Los Angeles County Building Code, Electrical Code, Mechanical Code and Plumbing Code were adopted by the City pursuant to § 15.04.010 of the Azusa Municipal Code. The Health Code of the County of Los Angeles has been adopted by the City of Azusa pursuant to the provisions of § 7.04.010 of the Azusa Municipal Code. (5) The City has received complaints of the violations set forth above and initiated an investigation in June, 1982, and has attempted to obtain compliance with the Code require- ments since that time. (6) Although the Appellant has corrected some of the violations and has professed a willingness to comply with the remaining violations, this order is nonetheless necessary to ensure that all violations are corrected within the time limits set forth, and that the public health, safety, and welfare is adequately protected. SECTION 2. Based upon the findings set forth in SECTION 1 of this Resolution, the City Council of the City -2- PMT/ORD1034 0 0 of Azusa does hereby deny the appeal of Edwin Sutheimer and specifically affirms the decision of the Assistant to the City Administrator declaring the subject property to be a nuisance pursuant to the provisions of § 15.08.010 A,D,F and M of the Azusa Municipal Code, and that the following order of Abatement be issued: A. That the subject property be declared substandard housing and that the "Notice of Substandard Housing", recorded with the Los Angeles County Recorder's Office, be ratified and continue in effect in accordance with its terms. B. That the provisions set forth in Section 17299 of the California Revenue and Taxation Code be implemented. C. That the property and use be brought into compliance with all applicable building, health, fire, and municipal code requirements within sixty (60) days of this resolution. D. That should the property owner fail to comply with this order of abatement or any time frame herein, the City may seek any civil remedy necessary to cause abatement. E. That the City commence criminal prosecution immediately. F. That a title report be obtained. E. That all costs incurred by the City of Azusa for any attorneys' fees, court costs, title searches, contractors or any other costs incurred be charged to the property owner pursuant to Section 15.08.100, et seq., of the Azusa Municipal Code. G. Item E shall be held in abeyance for thirty (30) days in order for the property owner to apply for a conditional use permit to operate a boarding house or other permitted use in the•£ -2 zone. SECTION 3. The City Clerk shall send a certified copy of this resolution to Mr. Sutheimer and to his attorney, Eugene Osko, Esq., by prepaid, first class, United States mail at the address shown in the public nuisance appeal filed by Mr. Sutheimer, or as set forth in the public hearing thereon. Such mailing shall constitute notice to Mr. Sutheimer and Mr. Osko 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. -3- PMT/ORD1034 0 0 PASSED, APPROVED AND ADOPTED this 15th day of July , 1985. L.a 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 15th day of July 1985, by the following vote of the Council: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LATTA AZ411vwl -, CITY CLERK -4- PMT/ORD1034