HomeMy WebLinkAboutResolution No. 7780RESOLUTION NO. 7780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE SUBSTANDARD RENTAL HOUSING
APPEAL OF ANTHONY N. OCCHIATO AND AFFIRMING THE
FINDINGS OF SUBSTANDARD HOUSING FOR PROPERTY
LOCATED AT 620 NORTH ALEMEDA AVENUE AND ORDERING
THE FRANCHISE TAX BOARD TO BE NOTIFIED PURSUANT
TO CALIFORNIA REVENUE AND TAXATION CODE SECTION
17299 (CITY CASE NO. 83-11)
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 July 23, 1985, Anthony N. Occhiato filed
an appeal from the July 12, 1985 decision of the
Community Development Director to file a Notice
of Noncompliance re Substandard Rental Housing
with the Franchise Tax Board for failure to
correct property deficiencies at the subject
property located at 62n North Alameda Avenue,
Azusa, California, more particularly described
as Los Angeles County Assessor's Parcel No.
8611-2-32;
B. A hearing was held before the City Council
of the City of Azusa pursuant to the provisions
of Azusa Municipal Code g§ 15.08.070 and 15.08.080
on Mr. Occhiato's appeal, with evidence being
received from the City through its Code Enforcement
Officer, David Rudisel, and by Mr. Occhiato;
C. Evidence having been received from the City
and Mr. Occhiato, and due consideration having
been given to the respective positions of each
side, the City Council specifically finds that
subject property contains substandard rental
housing within the meaning of California Revenue
and Taxation Code Section 17299. Based upon the
following findings:
(1) An inspection of the subject property
on November 28, 1983, revealed that a single
family residence had been converted to a
duplex in violation of several laws, including,
but not limited to:
1. Section 19.48.030 Azusa Municipal Code,
Covered Parking Required.
2. Section 301 (A) Uniform Building Code,
Building Permits Required.
3. Chapter 19 Azusa Municipal Code, Floor
Space Requirements for Dwelling Units.
4. Section 306 Uniform Building Code,
Certificate of Occupancy Required.
5. Section 502 Unifprm Building Code,
Change in Use without Occupancy Permit
(structure changed from M-1,to R-3).
0 0
(2) Mr. Occhiato was notified of the
above-described conditions on or about
December 1, 1983.
(3) On or about January 1, 1984, Mr.
Occhiato filed a petition for precise
plan of design to legalize the conversion
of the single-family residence to a duplex.
Said precise plan of decision was approved
by the Planning Director of the City of
Azusa on January 19, 1984, subject to certain
conditions necessary to bring the property
into compliance with the Municipal Code.
(4) Mr. Occhiato subsequently applied for
and obtained building permits in 1984 to
make the required corrections but failed
to do so.
(5) Mr. Occhiato was given final notice to
correct the substandard rental housing on
or about July 12, 1985. Thereafter, Mr.
Occhiato renewed his required building
permits and entered into a contract with a
general contractor to complete the necessary
corrections, which contract was signed by
Mr. Occhiato and dated July 23, 1985, the
date on which Mr. Occhiato filed his appeal
re substandard housing with the Azusa City
Clerk.
(6) As of August 19, 1985, the date of the
appeal hearing before the City Council, which
is almost two years after the date Mr. Occhiato
was initially notified of the existing Code
violations on the subject property, Mr.
Occhiato has failed to make the necessary
corrections on the property.
(7) Although Mr. Occhiato has entered into
the above-described contract to complete the
necessary work to bring his property into
compliance with the Municipal Code and has
professed a willingness to complete said
work, notice of the substandard rental
housing to the Franchise Tax Board is
required in order to insure that all Code
violations are corrected 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 Anthony N. Occhiato
and specifically affirms the decision of the Community
Development Director to file a Notice of Noncompliance re
Substandard Rental Housing with the Franchise Tax Board
pursuant to California Revenue and Taxation Code Section
17299.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to Mr. Occhiato by prepaid, first
class, United States mail at the address shown in the
substandard housing appeal filed by Mr. Occhiato, or as
set forth in the public hearing thereon. Such mailing
shall constitute notice to Mr. Occhiato in accordance with
Code of Civil Procedure Section 1094.6 and Azusa Municipal
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Cl
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 3rd day
of September , 1985.
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 3rd day of
September , 1985, by the following vote of the Council:
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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