HomeMy WebLinkAboutResolution No. 83999 0
RESOLUTION NO. 8399
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OB AZUSA REVOKING CONDITIONAL
USE PERMIT NO. C-389 AND AFFIRMING THE
FINDING OF A PUBLIC NUISANCE AND ORDER TO
ABATE THE NUISANCE FOR THE PROPERTY LOCATED
AT 525-531 CLYDEBANK AVENUE
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 December 4, 1985, the Planning
Commission of the City of Azusa granted
Conditional Use Permit No. C-389 to
Walter Dahlem for property located at
525-531 Clydebank Avenue to allow the
operation of an automobile storage yard
for disabled automobiles. The storage
operation is conducted by Michael G.
Hall, who conducts business as "Halls
Peugeot" at 533 So. Clydebank Avenue.
B. On November 30, 1987, a duly noticed
Public Nuisance Hearing was held to
determine whether a Public Nuisance
existed on the subject property as
defined in Azusa Municipal Code Section
15.08.010 (C,D,F, and M), due to
unpermitted auto dismantling, illegal
placement and use of trailers,
accumulation of auto parts and operating
without a city business license. The
property was declared a Public Nuisance
as noticed and an Order of Abatement was
issued to Mr. Hall to remove all
dismantled vehicles, storage sheds over
120 square feet, vehicle parts, racks and
equipment within 20 days. Mr. Hall did
not appeal from the Declaration of Public
Nuisance or the Order of Abatement.
C. Mr. Hall has failed to comply with the
Order of Abatement issued on November 30,
1987, and has been issued a court
citation for operating without a city
business license and failure to abate a
public nuisance.
D. On February 17, 1988, the Planning
Commission held a duly noticed public
hearing to consider the revocation of
Conditional Use Permit Case No. C-389.
By Resolution No. 2536, the Planning
Commission recommended to the City
Council that the Conditional Use Permit
be revoked under Section 19.60.150 of the
Azusa Municipal Code, as the use is a
-1-
fjn/RES3118
r
0
0
public nuisance due to the unauthorized
dismantling of automobiles in an area
permitted only for automobile storage.
E. The current owner of the property, Mr.
Steven Holst, has also requested that the
Conditional Use Permit be revoked and
that the operation of the storage yard be
declared a Public Nuisance.
F. Mr. Hall has not obtained a business
license for the past three years, has not
generated any sales tax revenues for the
City, and has made no effort to comply
with any conditions of Conditional Use
Permit No. C-389.
G. On March 7, 1988, the City Council held a
duly noticed public hearing on revocation
of the Conditional Use Permit. The City
Council has considered all of the
information presented to it at the public
hearing held on March 7, 1988, including,
but not limited to, written reports of
the City staff, testimony of various
witnesses including the property owner
and appellant, and documentary evidence
submitted by the appellant. The Council
specifically received into the
Administrative Record such material as
well as the photographs submitted by the
appellants and the Building Department,
Planning Department and Finance
Department files pertaining to the
subject property.
H. Having considered all of the information
presented to it at the duly noticed
public hearing held on March 7, 1988, the
City Council specifically finds that:
(1) The subject property is a public
nuisance pursuant to the provisions
of Section 15.08.010 (C,D,F, and M)
of the Azusa Municipal Code, due to
the unauthorized dismantling of
automobiles in an area permitted
only for automobile storage.
(2) The public necessity, convenience,
general welfare, and good zoning
practice require that the
conditional use permit be revoked
because the subject property has
been determined to be a public
nuisance.
SECTION 2. Based upon the findings set forth in
Section 1 of this Resolution, the City Council of the City
of Azusa does hereby affirm the decision of the Hearing
Officer on November 30, 1987 finding a public nuisance, and
revokes Conditional Use Permit No. C-389. The City Council
further issues the following Order of Abatement:
-2-
fjn/RES3118
0 0
A. All remaining dismantled vehicles,
storage sheds over 120 square feet,
vehicle parts, racks and equipment be
removed from the property within 30 days
of this Resolution.
B. 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
and/or tenants. Said abatement may
include, but not be limited to, removing
any materials left on the property after
the time set forth in this Order of
Abatement.
C. 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 Michael G. Hall and
Steven Holst by prepaid, first class, United States mail at
the address shown in the Public Nuisance Hearing 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.
PASSED, APPROVED, AND ADOPTED this 21st day
of March , 1988.
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 21st day
Of March , 1988, by the following vote of the
Council:
-3-
fjn/RES3118
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY'CLERK
-4-
fjn/RES3118
AVILA, COOK, CRUZ, LATTA, MOSES
NONE
NONE