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HomeMy WebLinkAboutResolution No. 85160 0 RESOLUTION NO. 8516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF LEONARD GOLD FOR PROPERTY LOCATED AT 518 NORTH SAN GABRIEL AVENUE AND ORDERING CORRECTIVE MEASURES THEREON (CITY CASE NO. 88-391) 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 August 25, 1988, Leonard M. Gold and Bessie Gold filed an appeal from the August 17, 1988, decision of the hearing officer finding a public nuisance at the subject property located at 518 North San Gabriel Avenue, more particularly described as Los Angeles County Assessor's Parcel No. 8611-7-24. B. 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 Mr. Gold's appeal, with evidence having been received from the City through its Code Enforcement Officer, David Rudisel, and from Mr. Leonard Gold. The City Council also received into evidence numerous pictures of the property as well as the files regarding the property from the City's Code Enforcement Department, Building Department, Planning Department and Finance Department. C. Evidence having been received from the City and the appellant, and due consideration having been given to the respective positions of each side, the City Council specifically finds that the subject property is a nuisance within the meaning of Azusa Municipal Code Section 15.08.010(a,c,d,e,f and m) based upon the following findings: (1) At the time the public nuisance appeal process was begun, Julio and Maritza Afre, 16425 Morada, Fontana, California 92335, were listed on the assessor's records as the owners of record. At that time Leonard Gold and Bessie Gold held a trust deed on the property. Mr. Gold testified at the hearing before the Council that he has now received a quitclaim deed from Mr. and Mrs. Afre conveying their interest in the property to him and Bessie Gold. Mr. Gold appealed the hearing officer's decision and appeared before the City Council. (2) The subject property is currently zoned C2, Commercial, but has a single-family residential home built upon it. The property 0 0 was rezoned from residential to commercial in 1964 and the residential use of the property was fully amortized pursuant to the provisions of the Azusa Municipal Code in 1984. Thus, the property has enjoyed its nonconforming status for four years longer than the code permits. (3) The subject property, at the time of the public nuisance hearing before the hearing officer, was overgrown with weeds, dead vegetation, trash, dilapidated fences, cast- off appliances and human feces. The subject property at such time was also heavily infested with fleas and cockroaches and imposed a health hazard to the neighbors. Evidence before the City Council indicated that these problems have generally been addressed and remedied; however, the order of abatement will contain an order to do so pending formal verification of those efforts. (4) The property is substandard and in violation of building code requirements due to numerous broken windows, broken doors and general deterioration. There is also fire damage to the interior of the home. (5) The subject property is in a condition which is detrimental to the nearby properties and improvements in that the potential, prior to cleanup efforts, is significant for a fire to begin and spread through the trash and debris to nearby residences and buildings. The nearby residences and buildings have experienced problems with fleas, cockroaches, rodents and other pests coming from the subject property; the subject property attracts transients and persons committing crimes are drawn to the property by its abandoned and dilapidated nature. (6) Although the appellant has corrected some of the violations, this order is nonetheless necessary to ensure that all violations are corrected within the time limit set forth and that the public health, safety and welfare is adequately protected. 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 Leonard Gold and Bessie Gold and specifically affirms the decision of the hearing officer declaring the subject property to be a nuisance pursuant to the provisions of Sections 15.08.010(a,c,d,e,f and m) of the Azusa Municipal Code, and that the following order of abatement be issued: A. That all trash, weeds, cast-off items, dead and overgrown vegetation, graffiti and dilapidated fences be removed as soon as possible from the property; -2- pmt/RES7682 0 0 B. That the property owners either demolish the nonconforming substandard house or submit plans and applications to convert the house to a commercial use within sixty (60) days of the date of this Resolution; C. That the property be treated by a licensed pest control company to abate flea and cockroach infestation within five (5) days of the date of this resolution and that within said period proof of treatment shall be submitted to the Code Enforcement Officer of the City; D. Should the owners fail to abate the nuisance as ordered or fail to comply with any requirements of this order, the City of Azusa shall cause abatement and charge all costs to the property owner pursuant to Chapter 15.08 of the Azusa Municipal Code; and E. The property owners may submit an application for a zone change to legalize a residential use on this property in lieu of converting the house to a commercial use, provided, however, that the filing of such application and its pendency before the Planning Commission and City Council shall not be deemed to stay the imposition of the requirements set forth above unless a specific written extension of such requirements shall have been granted by the Director of Community Development. SECTION 3. The City Clerk shall send a certified copy of this Resolution to Leonard Gold and Bessie Gold by prepaid, first class, United States mail at the address shown in the public nuisance hearing appeal filed by Mr. Gold, or as set forth in the public hearing thereon. Such mailing shall constitute notice to Leonard Gold and Bessie Gold 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 the adoption of this Resolution. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of September , 1988. MEF--W'W'pYRrPR '-TEMPORE -3- pmt/RES7682 0 9 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 19th day of September 1988, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS MOSES CITY eLERK -4- pmt/RES7682