HomeMy WebLinkAboutResolution No. 83880
RESOLUTION NO. 8388
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA GRANTING THE PUBLIC NUISANCE APPEAL
OF JULIAN AND MARIA VILLA AND AFFIRMING THE
FINDING OF A NUISANCE AND ABATEMENT ORDER
THEREON FOR THE PROPERTY LOCATED AT 620 WEST
9TH STREET, AZUSA, CALIFORNIA (CITY NUISANCE
CASE NO. 87-772RR)
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 January 11, 1988, a duly noticed public
nuisance hearing was held pursuant to Chapter 15.08
of the Azusa Municipal Code to determine whether or
not a public nuisance exists at 620 West 9th
Street, Azusa (Assessor's Parcel No. 8605-14-7).
At that time the City's designated hearing officer,
Captain John Broderick, determined that a nuisance
existed on the property as defined in Sections
15.08.010 (a,c,d,f,k and m) and 11.64.010 of the
Azusa Municipal Code;
B. On January 25, 1988, a Notice of Appeal was
filed with the City Clerk by tenant Julian Villa
and Maria Villa requesting an extension of time to
leave the property;
C. On February 16, 1988, a duly noticed hearing
was held before the City Council pursuant to the
provisions of Azusa Municipal Code Sections
15.08.110 and 15.08.070 on the Villa's appeal with
evidence being received from the City through its
Code Enforcement Office, David Rudisel, and by
Mr. Villa;
D. Evidence having been received from the City
and Mr. Villa and due consideration having been
given to the respective positions of each side, the
Council specifically finds that:
(1) The subject property is a fully
amortized, nonconforming residential use in an
M-1 - Light Manufacturing Zone;
(2) The house on the property has no heat,
contains leaking and unpermitted plumbing,
broken and missing windows and severe dry rot
in the floors and eaves;
(3) The property contains numerous inoperable
and abandoned vehicles.
SECTION 2. Based upon the findings set forth in
Section 1 of this resolution, the City Council hereby finds
that the subject property is a public nuisance pursuant to
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the provisions of Sections 15.08.010 (a,c,d,f,k, and m) and
11.64.010 of the Azusa Municipal Code, but grants the appeal
of Julian and Maria Villa to extend the time for vacating
the residential structure.
SECTION 3. The City Council hereby orders the
public nuisance on the subject property to be abated in the
following manner:
A. That the residence be vacated or brought up to
code requirements by April 16, 1988;
B. That the structure be demolished or converted
under City permits and approvals to a proper M-1
zone use by May 16, 1988;
C. That the inoperable vehicles listed below be
removed from the property by March 15, 1988, or
that they be made operable and street legal with
current DMV registrations, or that they be fully
enclosed within legal garages within the same time
frame:
(1)
69
Ford
Van (1V67377, Vin.#
E25ANC87586)
(2)
66
GMC
Van (YSB 716, Vin.#
G1021PD3358W)
(3)
77
Ford
Sedan (77BOID, Vin.#
7587H222435)
(4)
75
Ford
Station Wagon (467
MCM, Vin. #55745138371)
(5)
73
Ford
Van (000475, Vin.#
E33GHS27348);
D. That the owner(s) shall, upon total or partial
divestiture of interest in such property, notify
the City of the name and address of the person(s)
to whom the property has been sold or otherwise
transferred, and the date of the sale or
transference (Section 17299(f) California Revenue
and Taxation Code);
E. That provisions set forth in Section 17299(a)
and (f) California Revenue and Taxation Code be
enforced;
F. That a notice of "Substandard Property" be
recorded with the Los Angeles County Recorder's
Office, and that the property owner(s) pay any fees
for filing, and for termination upon compliance;
G. That should the property owner(s) fail to
comply with the Order to Abate or its stated time
frames, the City of Azusa may seek legal remedy to
cause compliance, including:
(1) Criminal Prosecution;
(2) Civil Remedy;
(3) Abatement.
H. That 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(s) pursuant to Section
15.08.100 of the Azusa Municipal Code.
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SECTION 4. The City Clerk shall send a certified
copy of this resolution to the appellants, Mr. and Mrs.
Villa, the property owner, Lillian A. Aguirre, and the
prospective property buyer, Setrak Agamian, as well as to
the parties who appeared at the nuisance abatement hearing
by first class, prepaid United States mail at the addresses
shown in the minutes of the public nuisance hearing of
January 11, 1988. Such mailing shall constitute notice to
said persons 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
in a court of law shall be commenced not later than the
ninetieth (90th) day following the adoption of this
resolution.
SECTION 5. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day
of March , 1988.
or
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 7th day
of March 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, COOK,CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCI
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