HomeMy WebLinkAboutResolution No. 82100 0
RESOLUTION NO. 8210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
ROBERT CLARK, CAROLE M. CLARK, ANTONIO R.
CORRAL AND RICHARD WONG AND AFFIRMING THE
FINDING OF A PUBLIC NUISANCE AND ORDER TO
ABATE THE NUISANCE FOR THE PROPERTY LOCATED AT
701-705 WEST NINTH STREET, AZUSA, NUISANCE
CASE NO. 87-31
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 February 26, 1987, Carole M. Clark, on
behalf of herself, Robert Clark, Antonio R. Corral
and Richard Wong filed an appeal from the
February 17, 1987 decision of the Assistant City
Administrator finding a public nuisance at the
subject property located at 701-705 West Ninth
Street, Azusa, California, more particularly
described as Los Angeles County Assessor's
Parcel No. 8605-14-8.
B. On March 31, 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 appellants' 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 Department, 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 conditions of Precise Plan of Design
No. P-2011 have not been complied with and the
permit has expired by time limitation.
(2) Improvements in the form of curb, gutter
and driveway approach were done without
benefit of required permits.
(3) Use of the property is regulated by the
provisions of Chapter 19.56 of the Azusa
Municipal Code (Precise Plan Requirements),
and without an approved and completed Precise
Plan, use of the property is prohibited. The
Precise Plan has been allowed to lapse by time
limitation.
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(4) The City of Azusa does have an easement
for drainage purposes over the property, which
easement can be accommodated by constructing a
drainage facility on the westerly portion of
the property as approved by the City Engineer
and as shown on the Precise Plan issued for
the property.
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 Carole Clark and
specifically affirms the decision of the Assistant City
Administrator of February 17, 1987, and declares the subject
property a public nuisance pursuant to the provisions of
Section 15.08.010(F & M) of the Azusa Municipal Code, and
issues the following Order of Abatement:
A. All remaining materials and the storage shed
be removed from the property within 30 days of this
resolution, or within such time period as the
applicant renews the required Precise Plan of
Design through the Planning Department.
B. The owners of the subject property shall
obtain required Public Works permits for the curb,
gutter, driveway approach and pave -out within
30 days of the date of this resolution from the
Engineering Department of the City of Azusa.
C. Should the property owners and/or tenants of
the subject property fail to comply with this Order
of Abatement, the City of Azusa may cause abatement
as needed and charge all costs to the property
owners. Said abatement may include, but not be
limited to, imposing a lien upon the property for
Public Works' permit fees in the amount of $100 and
removing any materials left on the property after
the time period set forth in this Order of
Abatement.
D. Should the City of Azusa be required to cause
abatement or enforce this Order of Abatement, the
property owners and/or tenants shall be charged for
all costs incurred.
SECTION 3. The City Clerk shall send a certified
copy of this resolution to Carole Clark, Robert Clark,
Antonio Corral and Richard Wong 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 renew 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.
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PASSED, APPROVED AND ADOPTED this 20th day
of April , 1987.
MAYOR
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 20th day
of April 1987, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
IWO—
C TY CLERK
RES3452
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