HomeMy WebLinkAboutResolution No. 7808RESOLUTION NO. 7808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
ETHEL SUE HAAG AND AFFIRMING THE FINDINGS OF A
NUISANCE FOR PROPERTY LOCATED AT 630 WEST
SIXTH STREET AND ORDERING CORRECTIVE MEASURES
THEREON (CITY CASE NO. 84-119)
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. Ethel Sue Haag has filed an appeal from
the August 29, 1985, decision of the Assistant
to the City Administrator confirming the
findings of a nuisance at the subject property
located at 630 West Sixth Street, Azusa,
California, more particularly described in the
Los Angeles County Tax Assessor Records as:
Map Book 8616, Page 8, Parcel 24;
B. A hearing was held before the City
Council of the City of Azusa pursuant to the
provisions of Azusa Municipal Code Sections
15.08.070 and 15.08.080 on September 30, 1985,
on the subject of Ms. Haag's appeal with
evidence being received from the City through
Code Enforcement Personnel and opportunity
provided to Ms. Haag, represented by J.
Randall Faith, to present evidence in support
of said appeal;
C. Evidence having been received from the
City and opportunity given to appellant, and
due consideration having been given.to the
evidence, the City Council specifically finds
that on August 29, 1985 subject property was a
nuisance within the meaning of Azusa Municipal
Code Section 15.08.010 based upon the
following findings:
(1) The garage on the subject property
was unlawfully converted from a two -car
garage into a second dwelling unit.
Appellant was convicted on August 4,
1984, for said unlawful conversion in the
Citrus Municipal Court. Appellant was
placed on three year's probation and
ordered to correct the zoning violations
within two years.
(2) Since her conviction, appellant has
converted the garage and her home into a
boarding house with accommodations for as
many as twelve adult boarders. The
zoning code permits up to four boarders
in a single-family residence; it allows
for no boarders in a garage. Up to
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twelve adult male boarders have been in
residence at one time. Said boarders,
some of whom are transient -type
individuals, cause disturbance to the
neighborhood due to the excessive intake
of alcohol and by making lewd comments to
neighborhood women and children. In the
past year alone, there have been ten
police calls to the location, including
calls for disturbing the peace and for
battery.
(3) Zoning violations that were the
subject matter of the August 4, 1983
criminal conviction have not been
corrected. This failure represents a
violation of a court order.
(4) The property is being operated as an
unlawful business. The necessary permits
and licenses for the operation of this
business have not been secured from the
City, nor had any been applied for prior
to August 29, 1985. The said property is
located in a residential zone and as
such, constitutes a threat to the health,
safety and welfare of the surrounding
community.
(5) The City has received complaints of
the violations set forth above and has
initiated an investigation and has
attempted to obtain compliance with the
code requirements.
(6) Appellant has not corrected any of
the violations contrary to the court
order directing her to do so and has
failed to produce any evidence attempting
to show good faith efforts toward
bringing said property into compliance
and, therefore, this order is necessary
to insure 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
of Azusa does hereby deny the appeal of Edith Sue Haag and
specifically affirms the decision of the Assistant to the
City Administrator declaring the subject property to be a
nuisance pursuant to Azusa Municipal Code Sections
15.08.010, and that the following Order of Abatement be
issued:
A. That the garage conversion is unlawful
and it constitutes an unlawful addition
of a second dwelling unit so that the
garage structure should be converted to
its intended use.
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B. The condition of the property be made to
comply with the validly issued court
order.
C. That the property owner cease and desist
from operating the single-family
residence as a boarding house in
violation of the Azusa Municipal Code.
D. That the property and its use be brought
into compliance with all applicable
building, health, fire, municipal code
requirements and court orders within
sixty (60) days of this resolution.
E. That should the property owner fail to
comply with this order of abatement or
any time frame herein, the City may seek
civil remedy necessary to cause
abatement.
F. That the City commence further criminal
prosecution and enforcement measures
immediately.
G. 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.
SECTION 3. The City Clerk shall send a certified
copy of this resolution to Ms. Haag and to her attorney, J.
Randall Faith, Esq., by prepaid, first class, United States
mail at the address shown in the public nuisance appeal
filed in connection with this matter, or as set forth in the
public hearing thereon. Such mailing shall constitute notice
to Ms. Haag and Mr. Faith in accordance with the 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 21st day
of October , 1985.
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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 21st day
of October , 1985, by the following vote of the
Council:
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CIT LERK
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