HomeMy WebLinkAboutResolution No. 80970 0
RESOLUTION NO. 8097
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, DENYING THE
APPEAL AND UPHOLDING THE DECLARATION OF
A PUBLIC NUISANCE FOR PROPERTY LOCATED
AT 1000 EAST GALATEA STREET, AZUSA,
CALIFORNIA: CASE NO. 85-35.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
1. Case No. 85-35 involves certain property owned
by Paul and Sharon Queneau described as follows:
1000 East Galatea Street,
Azusa, California, legally
described as:
Assessor's No. 8629-8-13.
2. A public nuisance hearing was held by the City
on July 15, 1986, at which evidence was introduced.
3. The property was declared a public nuisance at
the July 15, 1986 hearing due to unlawful conversion of
a required two -car garage to a living area and due to
unlawful construction of a 600 square foot carport. An
order to abate was issued.
4. Notice to Appeal was filed with the City Clerk
on July 25, 1986.
5. The City Council of the City of Azusa held a
duly noticed public hearing on August 18, 1986, at 7:30
P.M. in the Civic Auditorium, 213 East Foothill
Boulevard, Azusa, California.
SECTION 2. The City Council of the City of Azusa
finds and determines that the public necessity, convenience,
and general welfare require that the appeal of the public
nuisance declaration be denied and the property be declared
a public nuisance on the following findings:
1. The required two -car garage on the subject
property was converted to a living area without the
permits required by the Azusa Municipal Code and in
violation of the provisions of the Azusa Municipal Code
requiring a garage.
2. The 600 square foot carport was improperly
constructed in violation of the provisions of the Azusa
Municipal Code requiring permits for construction and
providing that a carport may not be utilized as a
garage. The owners of the property have filed a lawsuit
in Los Angeles Superior Court (Case No. EAC 57578) in
connection with the conditions giving rise to this
public nuisance action. Said lawsuit has been filed
against Coldwell Banker, Inc., Betty Hurd, Alex Pitts
KSM/RES4560
and Charles Pitts. The lawsuit is expected to be
resolved within five years.
SECTION 3. The City Council of the City of Azusa
hereby determines that the subject property is a public
nuisance pursuant to Chapter 15.08 of the Azusa Municipal
Code and hereby orders that the subject property be brought
into compliance with respect to the Azusa Municipal Code as
set forth above, within six months following the resolution
of the lawsuit described above, or five years from the date
of this resolution, whichever is earlier.
SECTION 4. The City Clerk shall certify to the
adoption and passage of this Resolution and shall cause the
same to be published in the manner required by law. The
City Clerk shall send a certified copy of this resolution to
Paul and Sharon Queneau, by prepaid first class United
States mail at the address shown in the public nuisance
appeal filed by Mr. and Mrs. Queneau, or as set forth in the
public hearing thereon. Such mailing shall constitute
notice to Mr. and Mrs. Queneau 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 the adoption of this
resolution.
PASSED AND APPROVED this 2nd day of September,
1986.
MAYOR
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I,Sol is , City Clerk of the CITY OF
AZUSA, do hereby certify that the foregoing Resolution
No. 8097 was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on
the day of September, 1986. That thereafter, said
Resolution was duly adopted and passed at a regular meeting
of the City Council on the 2nd day of September, 1986, by
the following vote, to wit:
AYES:
NOES
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBER
AVILA, COOK, CRUZ, LATTA, MOSES
NONE
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