HomeMy WebLinkAboutResolution No. 8246PMT/RES5922 •
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RESOLUTION NO. 8246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
MARIA M. GRIGOLLA, ET AL, AND AFFIRMING THE
FINDING OF A PUBLIC NUISANCE IN ORDER TO ABATE
THE NUISANCE FOR THE PROPERTY LOCATED AT 451
SOUTH ASPEN AVENUE, AZUSA, CALIFORNIA
(NUISANCE CASE NO. 87-130)
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 April 10, 1987 Maria M. Grigolla filed an
appeal from the April 2, 1987 decision of the
hearing officer, Captain Phillip Russo, finding a
public nuisance at the subject property located at
451 South Aspen Avenue, City of Azusa, and more
particularly described as Assessor's Parcel Number
8615-17-2.
B. On May 4, 1987, 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 appellant's appeal.
Evidence was received on behalf of the City and on
behalf of the applicants and the City Council
specifically received into evidence certain
documents including, but not limited to, the files
of the Code Enforcement Division, Planning
Department, and Finance Department, relating to the
subject property.
C. Evidence having been received from the City
and the applicant and careful consideration,having
been given to the respective positions of each
side, the City Council specifically finds that:
(1) The residence on the property
has been illegally converted to an
office in violation of Section
301(A) of the Building Code adopted
by the City of Azusa and Section
19.08.020 of the Azusa Municipal
Code;
A carport has been constructed
without required planning and
building permits in violation of
Section 19.56.020 of the Azusa
Municipal Code and Section 301(A) of
the Building Code;
(3) The property is zoned R1
(single family residential) and the
commercial use existing on the
property is therefore prohibited
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pursuant to the provisions of
Section 19.08.020 of the Azusa
Municipal Code;
(4) Fences in the front yard
setback area exceed the maximum
height requirement for fences as set
forth in Section 19.33.040 of the
Azusa Municipal Code;
(5) The structure contains
electrical wiring which has been
installed without required permits
and in violation of the wiring
requirements of Section 82-1 of the
Electrical Code;
(6) The property is being used as a
home occupation without the required
home occupation permit and in
violation of the Home Occupation Use
Requirements set forth in Section
19.040.080 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 the applicants and
specifically affirms the decision of the hearing officer of
April 2, 1987, declares the subject property to be a public
nuisance pursuant to the provisions of Section 15.08.010 (F
and M) of the Azusa Municipal Code, and issues the following
order of abatement:
A. A title report shall be obtained and a Notice
of Substandard Property and shall be required with
the County Recorder's Office specifying the
violations noted on the property.
B. All equipment, trucks, materials and storage
sheds shall be removed from the property on or
before May 17, 1988, and all office and commercial
uses on the property shall cease.pr.ior. to that
date, unless the owners of the property have
obtained a zone change and other necessary permits
to allow the commercial use of the property.
C. The owner shall obtain all planning and
building division permits for all accessory
buildings on or before November 18, 1987, or remove
all accessory buildings except the required garage;
D. All fence heights shall be brought into
compliance with Chapter 19 of the Azusa Municipal
Code on or before November 17, 1987.
E. Should the owners fail to comply with the
order of abatement, the City of Azusa shall cause
abatement by prosecution and/or civil lawsuit.
F. The property owners shall be charged for the
cost of the title report and recording fees.
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G. Should the City of Azusa be required to
enforce the order of abatement, any and all costs
shall be charged to the property owners pursuant to
Section 15.08.100, et seq., of the Azusa Municipal
Code and said costs shall include, but are not
limited to, all city attorney costs, all district
attorney costs, all court costs and all city
employee costs.
SECTION 3. The City Clerk shall send a certified copy
of this Resolution to the applicants by prepaid, first
class, United States Mail at the address shown in the public
nuisance appeal, or such other address as the city has on
file for the parties. Such mailing shall constitute notice
to the applicants 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.
PASSED, APPROVED AND ADOPTED this 1st day of
June , 19 87.
MAYOR ` »aa.�
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 1st day of
.Tuna , 19 87, by the following vote of the Council:
AYES: COUNCILMEMBERS AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
CLQ
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