HomeMy WebLinkAboutResolution No. 82040 0
RESOLUTION 8204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
CAROL W. TUCKER AND JOY Y. TUCKER AND
CONFIRMING THE FINDING OF A NUISANCE AND ORDER
TO ABATE THE NUISANCE FOR THE PROPERTY LOCATED
AT 234 SOUTH VIRGINIA AVENUE, AZUSA, CITY
NUISANCE CASE NO. 86-105
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 23, 1987, Carol W. Tucker filed an
appeal from the February 11, 1987, decision of the
designated hearing officer, Julio Fuentes,
declaring the subject property at 234 South
Virginia Avenue to be a nuisance as defined in
Sections 15.08.010(F and M) of the Azusa Municipal
Code. The Los Angeles County Assessor's Parcel
number for the subject property is No. 8614-2-14
and the City's nuisance abatement Case No. is
86-105.
B. On March 16, 1987 a hearing was held before
the City Council of the City of Azusa pursuant to
Azusa Municipal Code Sections 15.08.070, 15.08.080
and 15.08.110 on Mr. Tucker's appeal, with evidence
having been received from the City through its Code
Enforcement Officer, David Rudisel, and by
Mr. Tucker. Additionally, the City Council
received the reports from the City's code enforce-
ment officers, as well as the files on the subject
property from the code enforcement investigation,
Planning Department and Finance Department.
C. Evidence having been received at the hearing
on the appeal and due consideration having been
given to the respective positions of each side, the
Council specifically finds, determines and declares
that:
1. On July 9, 1986, the Planning Commission
of the City of Azusa adopted Resolution
No. 2335 entitled "A Resolution of the Plan-
ning Commission of the City of Azusa Granting
Variance Case No. V-907," which resolution
permitted a second dwelling under the deep -lot
ordinance, while providing only a two -car
garage (three -car garage required under
Section 19.48.030(2)) for the subject property
located at 234 South Virginia Avenue within
the City of Azusa. This resolution also
provided that the variance was granted subject
to eight conditions specified in Section 3
thereof.
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2. The second dwelling on the property
permitted under Variance NO. V-907 has been
occupied without a certificate of occupancy
being issued by the City to insure that the
conditions of approval required by Variance
No. V-907 have been complied with.
3. The notice to abate the nuisance and
proceedings on this nuisance abatement action
addressed to and pertaining to "234 South
Virginia Avenue" are valid and proper notwith-
standing the fact that a separate mailing
address was assigned to the second unit. The
Variance V-907 was issued to the property
known as 234 South Virginia Avenue, and the
appellant, Carol W. Tucker, received notice of
the appeal and resides at the premises known
as 234 South Virginia Avenue. Mr. Tucker also
appeared at the appeal hearing on behalf of
himself and his wife and presented evidence
relating to the appeal.
4. The City has complied with all procedural
requirements in the processing of this
nuisance abatement action and appeal as
required by Chapter 15.08 of the Azusa
Municipal Code and other applicable law.
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 Carol W. Tucker and
specifically affirms the decision of the designated hearing
officer, Julio Fuentes, dated as of February 11, 1987,
declaring the subject property to be a nuisance pursuant to
Sections 15.08.010(f and m) of the Azusa Municipal Code and
further specifically affirms the order of the designated
hearing officer. Accordingly, the Council specifically
issues the following order to abate:
A. That the new trailer be vacated..immediately.
B. That the new trailer remain unoccupied until a
certificate of occupancy is issued by the City of
Azusa.
C. That a notice of "substandard property" be
recorded with the Los Angeles County Recorder's
office, and that the property owner pay any fees
for filing and termination upon compliance.
D. Should the property owner fail to comply with
the order to abate or its time frames, the City of
Azusa may seek legal remedy to cause compliance,
including, but not limited to, criminal prosecu-
tion, civil action or abatement by City employees.
E. Should the City of Azusa be required to cause
abatement or enforce the order to abate, any and
all costs incurred by the City shall be charged to
the property owner pursuant to Section 15.08.100 of
the Azusa Municipal Code.
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SECTION 3. The City Clerk shall send a certified
copy of this resolution to Mr. Tucker by prepaid, first
class, United States mail, at the address shown in the
public nuisance appeal filed by Mr. Tucker on February 23,
1987. Such mailing shall constitute notice to Mr. Tucker 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.
PASSED, APPROVED AND ADOPTED this 30th day
of March , 1987.
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 30th day
of March 1987, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
CIT LE
pmt/RES6050
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