HomeMy WebLinkAboutResolution No. 78210 0
RESOLUTION NO. 7821
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE PUBLIC NUISANCE
APPEAL OF YOUNG IL AND EUN SOON KIM AND
AFFIRMING THE FINDINGS OF THE NUISANCE
FOR PROPERTY LOCATED AT 175 NORTH DALTON/
232 EAST SECOND STREET, AZUSA, CALIFORNIA
AND ORDERING CORRECTIVE MEASURES THEREON
(CITY CASE NO. 85-318)
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 October 31, 1985, Young I1 and Eun Soon Kim
filed an appeal from the October 31, 1985 decision of
the Assistant to the City Administrator, Julio Fuentes,
confirming the findings of a nuisance at the subject
property located at 175 North Dalton Street/232 East
Second Street, Azusa, California, more particularly
described as Los Angeles County Assessor's Parcel No.
8611-32-24;
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.
and Mrs. Kim's appeal, with evidence being received from
the City through its code enforcement officer, David
Rudisel and by J. Randall Faith, legal representative
for Mr. and Mrs. Kim;
C. Evidence having been received from the City and
Mr. Faith, 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 15.08.010(f) and (m), based upon the following
findings:
(1) the subject property is zoned R-2 (two
family residential zone);
(2) the subject property is being used by Mr.
and Mrs. Kim as a commercial site for the operation
of a market establishment which is not permitted
under the provisions of the R-2 zone;
(3) the testimony of the code enforcement
officer and the photographs received into evidence
establish violations of the Azusa Municipal Code as
to percentage of ground coverage (19.14.090), yard
requirements (19.14.060), and distance between
buildings (19.14.070) at the subject property;
(4) the property owner was notified of the
subject property's status of nonconforming use upon
obtaining the requisite business licenses from the
City since 1976;
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(5) the structure housing the market
establishment is a light wood frame construction
and was built in 1946, zone change on the subject
property to R-2 was effective in 1949; the property
owner has enjoyed a full thirty years amortization
on the structure, as required by Azusa Municipal
Code Section 19.40.050;
(6) the property owner has enjoyed a full and
complete amortization of the non -conforming use,
the amortization period for the subject property
expired on or about June 6, 1977 and the property
owner received an additional eight (8) year period
in which to recoup his economic investment.
(7) the continued use of the subject property
for commercial purposes would be contrary to sound
zoning practice and the land use element of the
City's General Plan.
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 Mr. and Mrs. Kim and
specifically affirms the decision of the Assistant to the
City Administrator of October 31, 1985 declaring the subject
property to be a nuisance pursuant to the provisons of
Section 15.08.010(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, Section
14 of the Azusa Municipal Code, Zoning;
B. That the market be vacated within a
year's time and not later than November 18,
1986;
C. That the non -conforming market
structure be brought into conformance with the
Code and demolished on or before November 18,
1986;
D. Should the property owner/lessee fail
to comply with the Order of Abatement, or
comply with the time frames stated herein, the
City of Azusa may cause abatement including:
civil remedy, criminal prosecution, and/or
abatement by demolition;
E. Should the City of Azusa incur any
costs or expenses for abatement, the costs or
expenses incurred shall be assessed against
the property owner and/or the lessee pursuant
to the provisons of Chapter 15.08 of the Azusa
Municipal Code.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to Mr. and Mrs. Kim, Mr. Byung H.
Hyun and Mr. Woom Kium Jung, by prepaid first class United
States mail at the addresses shown in the Public Nuisance
Appeal filed by Mr. and Mrs. Kim, or as set forth in the
public hearing thereon. Such mailing shall constitute notice
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to Mr. and Mrs. Kim, Mr. Hyun and Mr. Jung 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 this2nd day
of December, 1985.
G
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 2ndday of December ,
1985, by the following vote of the Council:
AYES: COUNCIL MEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEM NONE
DEPUTY CITY CLERK
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