HomeMy WebLinkAboutResolution No. 84330 0
RESOLUTION NO. 8433
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA APPROVING THE PUBLIC
NUISANCE APPEAL AND AFFIRMING THE FINDING
OF A PUBLIC NUISANCE AND ORDER TO ABATE
THE NUISANCE FOR PROPERTY LOCATED AT 780
NORTH TODD AVENUE, AZUSA, CALIFORNIA
(CASE NO. 86-503)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On May 20, 1987, Mr. Kenneth Prestesater,
the property owner, obtained Precise Plan of Design
No. P-2380 pursuant to Section 19.56.020 of the
Azusa Municipal Code, and accepted all conditions
contained therein for the subject property located
at 780 North Todd Avenue, Azusa, California, more
particularly described as Los Angeles County
Assessor's Parcel No. 8605-17-3.
B. On April 12, 1988, a duly noticed Public
Nuisance Hearing was held to determine whether a
Public Nuisance existed on the subject property as
defined in Section 15.08.010 (D), (F), and (M) of
the Azusa Municipal Code due to Mr. Prestesater's
failure to comply with the requirements of the
Precise Plan of Design. The subject property was
declared a Public Nuisance and an Order of
Abatement was issued to Mr. Prestesater to submit
and obtain an approved landscape and irrigation
plan and install all required landscaping and
irrigation, to comply with all building
regulations, and to complete all other conditions
of Precise Plan No. P-2380 within certain time
frames.
C. On April 21, 1988, Kenneth Prestesater
filed a timely appeal from the April 12, 1988
decision of the Hearing Officer, requesting an
additional ninety (90) days to comply with the
requirements of the Precise Plan.
D. A hearing was held before the City
Council of the City of Azusa on May 16, 1988
pursuant to the provisions of Azusa Municipal Code
Sections 15.08.070 and 15.08.080 with respect to
Mr. Prestesater's appeal, with evidence being
received from the City through its Code Enforcement
Officer, David Rudisel, and by Mr. Prestesater.
The staff report and the files of the Planning,
Building and Code Enforcement Departments were
received into evidence.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the duly noticed public
hearing held on May 16, 1988, the City Council specifically
finds that:
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A. Azusa Municipal Code Section 19.56.080
requires that property owners comply with property
improvements required under an approved Precise
Plan. Mr. Prestesater has been aware of all the
Precise Plan conditions for one (1) year and has
been asked repeatedly to comply with property
improvement requirements without success.
B. Inspections of the subject property
between May 20, 1987 and February 5, 1988 revealed
the property owner to be dilatory in meeting the
conditions of Precise Plan P-2380.
C. Since Mr. Prestesater purchased the
building in April, 1986, the City has had problems
with the subject property owner and his tenants,
including chronic illegal electrical work, failure
of tenants to comply with Building, Fire, or
Planning requirements, and previous Public Nuisance
Actions.
D. The subject property is a Public Nuisance
within the meaning of Azusa Municipal Code Sections
15.08.010 (D), (F) and (M) based upon Mr.
Prestesater's failure to comply with the conditions
of Precise Plan No. P-2380.
E. Mr. Prestesater's request for an
additional ninety (90) days to comply with the
requirements of the Precise Plan and the Order to
Abate should be granted. Such time should be
sufficient to comply with said requirements.
SECTION 3. Based upon the findings set forth in
Sections 1 and 2 of this Resolution, the City Council of the
City of Azusa does hereby grant the appeal of Mr.
Prestesater for an additional ninety days to comply with the
Precise Plan, and specifically affirms the decision of the
Hearing Officer, Capt. Phil Russo, declaring the subject
property to be a public nuisance pursuant to the provisions
of Sections (D), (F), and (M) of the Azusa Municipal Code,
and further orders that:
A. A Notice of Substandard Property be
recorded with the Los Angeles County Recorder's
Office.
B. That the property owners submit and
obtain an approved landscape and irrigation plan on
or before June 15 and that all required landscaping
and irrigation be installed on or before June 28.
C. That all other conditions of Precise Plan
P-2380 be completed on or before September 6, 1988.
D. That the property tenant comply with all
building regulations on or before September 6,
1988.
E. Should the property owner fail to comply
with the Order of Abatement or any time frame, the
City of Azusa may seek any legal remedy to cause
compliance, including, but not limited to, civil
remedy, criminal prosecution, or abatement by the
City.
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F. Should the City of Azusa be required to
cause abatement or enforce the Order of Abatement,
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.
SECTION 4. The City Clerk shall certify the adoption of
this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of
June , 19 88.
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 6th day of
June 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
ABSTAIN: COUNCILMEMBERS AVILA J
CITY 2CLERI
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