HomeMy WebLinkAboutResolution No. 78800 0
RESOLUTION NO. 7880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL
OF WESLEY R. MACKENZIE AND AFFIRMING THE
FINDING OF A PUBLIC NUISANCE AND ORDER TO
ABATE THE NUISANCE FOR THE PROPERTY LOCATED
AT 508 CELESTE AVENUE (CITY NUISANCE CASE
NO. 85-308)
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 January 8, 1986, a duly -noticed public
nuisance hearing was held pursuant to the pro-
visions of Chapter 15.08 of the Azusa Municipal
Code to determine whether a public nuisance
exists at 508 Celeste Avenue within the meaning
of Sections 15.08.010(F) and (M) of the Azusa
Municipal Code due to storage of an inoperable
truck tractor and trailer, an inoperable air-
plane on the property, and a patio addition
built without permit. Evidence was received
from the Code Enforcement Officer and the
Appellant and a decision was rendered by the
Hearing Officer on said date ordering the
nuisance abated within certain time frames.
B. On January 15, 1986, Wesley R. MacKenzie
filed a timely appeal from the January 8, 1986
decision of the Hearing Officer.
C. On February 3, 1986, a hearing was held
before the City Council pursuant to the provi-
sions of Chapter 15.08 of the Azusa Municipal
Code with respect to Mr. MacKenzie's appeal
with evidence being received from the City
through its Code Enforcement Officer David Rudisel
and by Mr. MacKenzie.
D. Evidence having been received from the City
and Mr. MacKenzie and due consideration having
been given to the respective positions of each
side, the City Council specifically finds that:
1) The subject property is a public nuisance
within the meaning of Azusa Municipal Code
Sections 15.08.010(D), (F) and (M), and
8.52.010(1) based upon the existence of
an inoperable truck tractor and trailer
and the fact that the patio addition was
constructed without applicable building
permits.
2) The inoperable airplane has been re-
moved from the property;
3) A compliance date of March 18, 1986
is eminently reasonable given the work
which needs to be done and the fact that
contact was made with the Appellant on
December 12, 1985.
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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. MacKenzie and speci-
fically affirms the decision of the Hearing Officer,
Capt. Richard Lara, declaring the subject property to be a
public nuisance pursuant to the provisions of Sections 15.08.010(D)
(F) and (M) of the Azusa Municipal Code, and further orders that:
A. The truck tractor and trailer be removed
from the property by March 18, 1986.
B. That appropriate building permits be
obtained for the patio addition by March 18,
1986.
C. A "Notice of Substandard Property" be
recorded with the Los Angeles County Recorder's
Office and that the property owners pay all fees
required for filing or for termination upon
compliance.
D. Should the property owner fail to comply
with the order to abate or any time frame,
the City of Azusa may seek any legal remedy
to cause compliance, including, but not limited
to, civil remedy, criminal prosecution, or
abatement by the City.
E. Should the City of Azusa be required to
cause abatement or enforce the order to abate,
any and all costs incurred by the City shall
be charged to the property owner pursuant to
Section 15.08.100 of the Azusa Municipal Code.
SECTION 3. The City Clerk shall send a certified copy
of this Resolution to Mr. MacKenzie by prepaid, first class
United States mail at the address shown in the public nuisance
appeal file by Mr. MacKenzie on January 15, 1986. Such mailing
shall constitute notice to Mr. MacKenzie 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 adoption of this Resolution.
SECTION 4. The City Clerk shall certify the adoption
of this Resolution.
1986. PASSED, APPROVED AND ADOPTED this 18thday of February ,
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 18thday of Fehr„arl,
1986, by the following vote of the Council:
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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