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Home My WebLink AboutResolution No. 8078s RESOLUTION NO. 8078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF MR. JOHN STEVENS OF SPIRITUAL PSYCHIC SCIENCE CHURCH OF TRUTH, INC. FOR PROPERTY LOCATED AT 594 EAST FOOTHILL BOULEVARD, AZUSA, CALIFORNIA, AND ORDERING CORRECTIVE MEASURES THEREON (CITY CASE NO. 84-66) 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 June 27, 1986, John Stevens, President of Spiritual Psychic Science Church of Truth, Inc., filed an appeal from the June 18, 1986 decision of Capt. Phillip Russo, hearing officer, confirming the findings of a nuisance at the subject property located at 594 East Foothill Boulevard, Azusa, California, more particularly described as Assessor's Parcel No. 8512-3-36; 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 Mr. Stevens' appeal, with evidence being received from the City through its Code Enforcement Officer, David Rudisel, and by Appellant John Stevens on behalf of the Spiritual Psychic Science Church of Truth, Inc.; C. In addition to the evidence received through testimony, the City Council received the report submitted by the City Code Enforcement Officer, as well as the files concerning the subject property, from the Building Department, Planning Department and Finance Department; D. Evidence having been received as set forth above, and due consideration having been given to the respective positions of each side, the City Council specifically finds that the subject property is a public nuisance within the meaning of Azusa Municipal Code Sections 15.08.010(D, F, K & M) based on the following findings; 1) The subject property is zoned C-2 (restricted commercial zone); 2) The main two-story building and accessory structures at the subject property have enjoyed a full amortiza- tion period for a nonconforming resi- dential use in that the building was constructed in 1908, and became noncon- forming on January 11, 1963, when Ordinance No. 773 of the Azusa City Council became effective and prohibited residential uses in the C-2 and C-3 zones. An amortization period of 20 years was granted based on light wood frame construction as required and set forth in Section 19.40.050 of the Azusa Municipal Code and that said amortization period expired on January 11, 1983. Further, the residential use has been abandoned since June 13, 1983, when the structure was last occupied and used for residential purposes. In that this amortization requirement has been met, the residential structure is a public nuisance as defined in Sections 15.08.010(F and M) of the Azusa Municipal Code with reference to Sections 1.12.020, 19.24.010, 19.24.020 and other applicable sections of the Azusa Municipal Code in that a single-family residential building and use are not permitted in the C-2 (restricted commercial) zone, and that the amortization period for non- conforming uses has expired; 3) Major interior remodeling and demolition work started on the subject property in 1983, went beyond that which was permitted under the Building Permit issued on August 10, 1983, and was done in violation of Section 301(a), Los Angeles County Building Code, 1984 Edition, as adopted pursuant to Section 15.04.010 of the Azusa Municipal Code and, accordingly, said work consti- tutes a public nuisance as defined in Sections 1.12.020 and 15.08.010(F & M) of the Azusa Municipal Code; 4) The structures at 594 East Foothill Boulevard are obsolete for residential purposes, are in a severe state of delapidation due to major interior demolition work done on the property, and pose a threat to the public health, safety and welfare due to their availa- bility for juveniles, vagrants, and possible criminal conduct. The building is open to the public without any doors or windows. The structure is a two- story structure which, because of the partial remodeling work, contains large holes in the second floor which are not boarded or otherwise secured to prevent persons from falling through them if they enter the structure. The second - story walls also have numerous holes which are not boarded or otherwise secured and could cause injury to a person entering the structure. The holes in the floors, walls and ceilings not only constitute a hazard to a person who may be injured, but also constitute a substantial fire hazard as this would enable a fire at such a structure to quickly spread to the entire building and to surrounding structures. The partial demolition and uncompleted remodeling work has also weakened the structural integrity of the building so that it would not be able to with- stand moderate seismic forces or the weight of persons traversing the first -2- or second floors. Therefore, the structure is unsafe as defined in Section 203(a), Los Angeles County Building Code, 1984 Edition, as adopted pursuant to Section 15.04.010 of the Azusa Municipal Code, and is a public nuisance as defined in Section 1.12.020 and 15.08.010(F & M) of the Azusa Municipal Code. 5) The buildings are substandard as defined in Section 9903(a) of the Los Angeles County Building Code and 9904 (I & N) of the Los Angeles County Building Code, and are, therefore, a public nuisance as defined in Sections 1.12.020 and 15.08.010(E, F & M) of the Azusa Municipal Code. 6) The property and the buildings have been maintained in such a condi- tion of disrepair and are so defec- tive and unsightly that the same are materially detrimental to the adjoining and surrounding properties and improve- ments. These conditions include unmain- tained, overgrown and dead vegetation, missing exterior wall coverings, and a visibly gutted interior. Paint is peeling from the structure, roofing material is missing from the roof, and the structure has the appearance of having been abandoned many years ago and of being ready to collapse. The maintenance or lack of maintenance of the property is so out of conformity with the maintenance standards of adja- cent and nearby properties as to cause substantial diminution of the enjoyment, use, or value of such adjacent and nearby properties. As such, the subject property and buildings thereon are a public nuisance as defined in Section 15.08.010(D) of the Azusa Municipal Code. 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 John Stevens on behalf of the Spiritual Psychic Science Church of Truth, Inc., and specifi- cally affirms the decision of the hearing officer of June 19, 1986, declaring the subject property to be a nuisance pursuant to the provisions of Sections 15.08.010(D, F, K & M) of the Azusa Municipal Code, and that the following Order of Abatement is hereby issued: A. A "Notice of Substandard Property" be issued and recorded with the Los Angeles County Recorder's Office for the subject property; B. The property owner either renews all building permits to rehabilitate the structure correcting the deficiencies noted herein and begins construc- tion on or before September 10, 1986, or, in the alternative, demolish all structures pursuant to permit on or before September 10, 1986; -3- 0 C. Should the owners elect to renew permits and begin construction on or before September 10, 1986, all work pursuant to such permits shall be diligently pursued and completed on or before February 10, 1987; and D. Should the owners fail to renew permits as set forth above, the City of Azusa may cause abatement of the nuisance by seeking any legal remedy, including an action in Superior Court and/or demolition by a private contractor, and charge all such costs to the property owners pursuant to the lien provisions of Azusa Municipal Code Sections 15.08.100, et seq. SECTION 3. The City Clerk shall send a certified copy of this resolution to Mr. John Stevens, President, Spiritual Psychic Science Church of Truth, Inc., by prepaid, first class, United States mail at the address shown in the public nuisance appeal file by Mr. Stevens, or as set forth in the public hearing thereon. Such mailing shall constitute notice to Mr. Stevens 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 in a court of law shall be commenced not alter than the ninetieth (90th) days following the adoption of this resolution. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 4th day of August , 1986. 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 4th day of August 1986, by the following vote of the Council: AYES: COUNCIL MEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE -4-