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HomeMy WebLinkAboutResolution No. 84760 0 RESOLUTION NO. 8476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF JUAN F. GUTIERREZ, ET AL. AND AFFIRMING THE FINDING OF A PUBLIC NUISANCE AND ORDER OF ABATEMENT FOR THE PROPERTY LOCATED AT 134 N. AZUSA AVENUE (CITY NUISANCE CASE NO. 88-144) 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. Juan F. Gutierrez was the owner of the subject property located at 134 N. Azusa Avenue (Assessor No. 8611-31-25) until June 30 , 1988, at which time the property was conveyed to Freeway Dev. .Co. Prior to the opening of escrow on the property for the sale, the City duly recorded a Notice of Substandard Property and advised the brokers involved in the sale of the pendency of the nuisance case. B. On April 18, 1988 a duly noticed public hearing was held to determine whether or not the subject property is a public nuisance as defined in Section 15.08.010(A,C,D,F,K and M) of the Azusa Municipal Code. C. At the conclusion of said hearing the hearing officer found the property to be a public nuisance and issued an order of abatement. D. The applicant duly filed a Notice of Appeal and on May 16, 1988 and June 20, 1988 a duly noticed public hearing was held before the City Council of the City of Azusa. At such public hearing Mr. Gutierrez was represented by Arthur Morales and the new property owner, Howard Giffis , was represented by Mr. Gary Werner. E. At such hearings, evidence was received from the City through its Code Enforcement Officer, Mr. David Rudisel, and from the applicants through Mr. Gutierrez, Mr. Morales and Mr. Werner. Additionally, the files of the Planning Department and Code Enforcement Unit related to the subject property were introduced and received into the record. F. Evidence having been received from the parties and due consideration having been given to the respective positions of each side, the City Council specifically finds that: 1. The subject property consists of three separate wood framed dwellings constructed circa 1930. The front unit is approximately 800 square feet in an area with substandard ceiling height and lacks interior comfort heating facilities. The PMT/RES6302 • • water heater located outside is not properly vented and shows significant signs of bursting smoke into the walls of the house. Portions of the exterior siding on the front structure are severely deteriorated into termite and water dry rot damage. 2. The second unit, or middle unit, is approximately 180 square feet in area and constructed in a "board and bat" fashion (thin wall construction). This unit also lacks interior comfort heating, has exposed and illegal wiring creating a fire hazard, improperly vented water heater and improperly vented sewage lines. This unit is vacant. 3. The third unit, or rear unit, is approximately 300 feet an area and also lacks interior comfort heating. 4. All three units are in a general state of disrepair and dilapidation. 5. On December 2, 1963 the Azusa City Council adopted Ordinance No. 773 which eliminated all residential uses from the "C2" restricted commercial zone in which the subject property is located. Since the houses on the subject property were the "C2" zone, they became noncomforming residential uses subject to the amortization provi- sions of Section 19.40.050 of the Azusa Municipal Code which provides that the units had 20 years from January, 1964 within which to obtain a full amortization of at least 30 years from the original construction. Full amortization was at+ained on January 2, 1983. Subsequent rezoning from C2 to FS (freeway service zone) on August 29, 1968, did not affect amortization due to the previous change in the C2 zoning and elimination of residential uses at that time. 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 Juan F. Gutierrez, et al. and specifically affirms the decision of the hearing officer declaring the subject property to be a public nuisance pursuant to Sections 15.08.010(A,C,D,F,K and M) of the Azusa Municipal Code and hereby imposes the following order of abatement. A. That the rear two vacant units (houses) be demolished under a building permit on or before August 5, 1988 and all debris from demolition be removed from the site in a manner required by law. B. The front house be demolished or con- verted to a proper commercial use under building and planning permits upon the house being vacated by Mr. Gutierrez, provided that the period to begin demolition or conversion shall not exceed 60 days from the date of this Resolution. Should the owner select demolition of the front house, all work shall be completed within 30 days of the house being vacated by Mr. Gutierrez. Should the owners elect conversion to a commercial use, and occupancy, all required permits shall be applied -2- PMT/RES6302 • • for within 30 days of the house being vacated by Mr. Gutierrez and all work for the conversions shall be completed within six months of permit approval. Upon the vacation of the house by Mr. Gutierrez, the house shall not be occupied for residential purposes. C. The rear two vacant units shall not be reoccupied by anyone. D. A notice of substandard property shall continue to be recorded with the Los Angeles County Recorder's office. E. Should the owners or their successors and assigns fail to comply with this order of abatement, the City of Azusa shall cause the abatement as necessary and charge all costs to the owners of record pursuant to Sections 15.08.100, et sec. of the Azusa Municipal Code and shall proceed with all court actions as necessary. Said costs shall include all staff time, attorneys' fees, title reports, court costs and such other expenses as are reasonably incurred in the enforcement of the action. SECTION 3. The City Clerk shall send a certified copy of this resolution to Mr. Gutierrez, Mr. Morales, Mr. Giffis and Mr. Werner, and such other persons as appeared at the public hearings before the hearing officer or the City Council by prepaid first class United States mail at the addresses shown in the public hearing minutes. Such mailing shall constitute notice to such parties in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 1508.100 that any action to review or challenge this decision of the City Council in a court of law shall be commenced not later than the ninetieth day following adoption of this Resolution. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of July , 1988. -3- pmt/RES6302 Y R -3- pmt/RES6302 PMT/RES6302 . • 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 18th day of July , 1988, by the following vote of the Council: AYES: COUNCIL MEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ME pmt/RES6302 0 • RESOLUTION NO. 8475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AGREEMENT WITH THE AZUSA REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RE TRANSFERRED SALES AND USE TAXES WHEREAS, the City of Azusa (the "City") and the Redevelopment Agency of the City of Azusa (the "Agency") need an Agreement as to how certain of the Transferred Sales and Use Taxes are to be used. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: SECTION 1. That certain Agreement set forth on Exhibit A, entitled "Agreement Between the City of Azusa and the Redevelopment Agency of the City of Azusa re Certain Sales and Use Taxes", attached hereto and made a part hereof, is hereby adopted and approved and the Mayor of the City is hereby authorized to execute the Agreement on behalf of the City, in substantially the form of Exhibit "A". ADOPTED AND APPROVED this 18th day of CERTIFICATION: July I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the City Council of the City of Azusa at its regular meeting held on the 18th day of July , 1988, by the following vote: AYES: COUNCIL MEMBERS AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCIL MEMBERS NONE f ABSENT: COUNCIL MEMBERS NONE ' ` City Cle4rk 9Z,0 -.Lt Eugene F. Moses Mayor PMT/RES8482 6/27/88 0 0 AGREEMENT BETWEEN CITY OF AZUSA AND REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RE CERTAIN SALES AND USE TAXES THIS AGREEMENT is made as of July 18, 1988 by and between the CITY OF AZUSA, a municipal corporation duly incorporated and existing under the laws of the State of California (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers all under the Community Redevelopment Law, Part 1 of of Division 24, commencing with §33000 of the Health & Safety Code of the State of California (the "Agency"). Section 1. Facts. This Agreement is made with reference to the following facts: A. Pursuant to Revenue and Taxation Code Section 7202.6, the Agency has enacted Ordinance No. 1, and the City has enacted Ordinance No. 2372 providing for the imposition of a sales and use tax upon retail sales within a certain project area; B. So far as material here, the purpose of the above two Ordinances is to transfer from the City to the Agency the sales and use tax collected within the West End Redevelopment Project Area and as further described in said Ordinance (the "Transferred Sales and Use Taxes"). No. 481 C. On July 18, 1988 the Agency adopted Resolution approving an Owner Participation Agreement between the Agency and the Price Company. Said Agreement is incorporated herein by reference. By Resolution No. 8474 of the same date the City consented to the PMT/AGR7912 6/27/88 0 0 Agency entering into the agreement with Price Company and made certain findings concerning the project's benefit to the community. The Price Company Agreement provides that the Agency will acquire certain property and sell it to the Price Company and the Price Company will redevelop and construct certain buildings on the property. Agency will also construct certain public improvements for the project. Price Company will loan to Agency certain funds, with interest, to enable Agency to perform its obligations under the Price Company Agreement. Such loan will be evidenced by a promissory note to be executed by the Agency ("Note"). Repayment of the Note will be secured by the Transferred Sales and Use Taxes pursuant to said Agreement. The Price Company Agreement provides that the Note will be repaid by certain sales and use tax revenues from the Price Club Project and that a portion of said revenues will be transferred from the Agency to the City for the benefit of the community. This Agreement between the Agency and City is necessary to implement the Price Company Agreement and to secure the benefits of that agreement for the Agency and City. D. All of the Transferred Sales and Use Taxes collected pursuant to said ordinances and not required for repayment of the Note or for other required purposes shall be transferred back to the City. Section 2. Pledqe of Transferred Sales and Use Taxes. Pursuant to Revenue Taxation Code Section 7202.8 and Health and Safety Code Section 33641, the Transferred Sales and Use Taxes are pledged to the payment of the principal on the Note. Such pledge shall constitute the obligation of contract between the Agency and the holders of the Note and shall be protected from impairment by the United States and -2- PMT/AGR7912 6/27/88 u California Constitutions 0 Pursuant to the provisions of Revenue and.Taxation Code Section 7202.8, Ordinance No. 1 of the Agency and Section 3.28.170 of the Azusa Municipal Code may not be repealed during the time that the Note remains outstanding. Section 3. Payment of Notes. It is the intention of the parties hereto that the Note be payable from the Transferred Sales and Use Taxes. Section 4. Use of Transferred Sales and Use Taxes. The Transferred Sales and Use Taxes shall only be used to the extent necessary to pay the amounts due on the Note, to pay a certain amount per year to the City pursuant to Section 5, hereof. Such Transferred Sales and Use Taxes as are not needed for such purposes, if any, shall be transferred back to the City to be placed in its General Fund. Section 5. Payment to City. In consideration of the City's agreement to allow sales and use tax revenues to be transferred to the Agency in order to secure and repay the Note, the Agency agrees to pay the City an amount equal to the Agency's share of the "Allocated Sales Tax Revenues" as described in Section 4.2.F. of the said Owner Participation Agreement between the Agency and the Price Company on or before July 1, for so long as the Note is outstanding. Unless otherwise decided by the City Council, in its sole discretion, the amount due to the City pursuant to this Section shall be a cumulative debt of the Agency to the City and shall be repaid to the City from Agency revenues bearing interest at the rate of 7% per annum from -3- PMT/AGR7912 6/27/88 0 0 the date when such payment is due to the date of repayment by Agency to the City. IN WITNESS WHEREOF the City and the Agency have caused this Agreement to be executed this 18th day of July, Attest: Adolp . Sori's City Clerk of the City of Azusa, California CITY: i EugeF. Moses Mayor of the City of Azusa AGENCY: /tel// / ��Jle.2 Edigh'� "Moses C W. of the Azusa Redevelopment Agency Adolph. Solis Secretory of the Redevelopment Agency of the City of Azusa APPROVED AS TO FORM: 'A A Peter M. Thorson City Attorney Agency Counsel -4- PMT/AGR7912 6/27/88