HomeMy WebLinkAboutResolution No. 80670
RESOLUTION NO. 8067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL
OR ROBERT B. BENNETT AND AFFIRMING THE FINDINGS
OF THE NUISANCE FOR PROPERTY LOCATED AT
226 EAST FOOTHILL BOULEVARD, AZUSA, CALIFORNIA,
AND ORDERING CORRECTIVE MEASURES THEREON
(CITY NUISANCE CASE NO. 86-138)
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 May 28, 1986, Robert B. Bennett filed an appeal
from the May 27, 1986, decision (such decision filed
May 30, 1986) of the Assistant to the City Adminis-
trator confirming the findings of a nuisance at the
subject property located at 226 East Foothill Boule-
vard, Azusa, California, more particularly described
as Los Angeles County Assessor's Parcel No. 8611-2-39;
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. Bennett's appeal, with evidence being received
from the City through its Code Enforcement Officer,
David Rudisel, and by Mr. Bennett;
C. In addition to the testimony of Mr. Rudisel
and Mr. Bennett, various reports of the City and
letters from Mr. Bennett were introduced into evidence,
as well as the files on the subject property from the
Code Enforcement Officer, the City Finance Department,
and the City Planning and Building Department;
D. Evidence having been received from the City and
Mr. Bennett, 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 Sections 15.08.010
(c, d, f, and m) of the Azusa Municipal Code based
upon the following findings:
(1) The subject property is zoned CBD (Central
Business District zone);
(2) An accumulation of junk, debris, cast-off
furniture (couches), auto parts and unlawful storage
of flammable liquids exists on the property and
such condition is a violation of Section 15.08.010(c)
of the Azusa Municipal Code;
(3) The property is maintained in a dirty,
messy and unsightly condition in that in addition
to the accumulation of junk and debris, there are
substantial amounts of grease, dust, weeds, peeling
paint, and a lack of maintenance at the subject
property, which condition is a violation of
Section 15.08.010(d) of the Azusa Municipal Code;
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(4) The subject property is being used for
the storage of disabled vehicles and the dis-
mantling of vehicles and such condition is a
violation of Sections 15.08.010(f) and 19.27.020
of the Azusa Municipal Code;
(5) The property is being used for the storage
of dismantled and inoperable vehicles and such
condition is a violation of Sections 15.08.010(m)
and 11.64.010 of the Azusa Municipal Code;
(6) The subject property has not been used
for auto sales for a period in excess of six months
and, therefore, the subject property is no longer
entitled to have a legal nonconforming use of auto
sales in accordance with the provisions of
Section 19.40.050 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 Robert B. Bennett, and
specifically affirms the decision of the Assistant to the City
Administrator dated as of May 30, 1986, declaring the subject
property to be a nuisance pursuant to the provisions of
Section 15.08.010 (c, d, f, and m) of the Azusa Municipal Code
and that the following Order of Abatement is hereby issued:
A. That all dismantled/inoperative vehicles on
the property be removed on or before July 17,
1986;
B. That all junk, debris, auto parts and cast-off
furniture be removed on or before July 17, 1986;
C. That all flammable liquids be stored in
such a manner as approved by the Los Angeles
County Fire Department on or before July 17,
1986;
D. That the subject property be cleaned up and
brought into a neat, clean and orderly condition
on or before July 17, 1986;
E. That auto sales are no longer permitted as
a legal, nonconforming use at the location due
to the discontinuance of such use in excess of
six months.
SECTION 3. The City Clerk shall send a certified copy
of this resolution to Mr. Bennett and to Mr. Jerry Perez, the
lessee of the property, by prepaid, first class United States mail
at the addresses shown in the public nuisance appeal filed by Mr.
Bennett or as set forth in the file thereon. Such mailing shall
constitute notice to Mr. Bennett and Mr. Perez 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 court 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 7th day of July
1986.
MAYOR
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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 7th day of July 1986,
by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ITY CLERK
AVILA, COOK, LATTA, MOSES
NONE
CRUZ
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