HomeMy WebLinkAboutResolution No. 8541tkm/RES0759 • •
RESOLUTION NO. 8541
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE PUBLIC NUISANCE
APPEAL OF ANTONIO AND OLGA C. ALVAREZ AND
AFFIRMING THE FINDING OF A PUBLIC
NUISANCE AND ORDER TO ABATE THE NUISANCE
FOR PROPERTY LOCATED AT 513-515 N. AZUSA
AVENUE (CASE NO. 88-451)
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 October 18, 1988, a duly -noticed
Public Nuisance Hearing was held to determine
whether a Public Nuisance, as defined in Azusa
Municipal Code Section 15.08.010(D), (F) and (M),
existed on the subject property located at
513-515 N. Azusa Avenue, Azusa, California, more
particularly described as Assessor's Parcel No.
8611-7-8. The Hearing Officer, Mr. Daniel Watrous,
declared the subject property to be a public
nuisance due to the owners illegally converting
four (4) commercial offices into residential
apartments in violation of the central business
district zoning requirements, failure to maintain
property, maintaining property detrimental to
nearby properties and improvements, and substandard
housing. These violations were ordered abated
within certain time frames.
B. The Public Nuisance Abatement Action was
directed against Antonio and Olga C. Alvarez, as
owners of the subject property. On October 26,
1988, Antonio and Olga C. Alvarez filed a timely
appeal from the October 19, 1988 decision of the
Hearing Officer.
C. On November 7, 1988, a duly -noticed
public 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. Alvarez's appeal, with evidence
being received from the City through its Code
Enforcement Officer, Mr. Alvarez and members of the
public.
D. The Council has received into evidence
the files on the subject property maintained by
City as well as the documents discussed at the
hearing.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the public hearing held
on November 7, 1988, the City Council specifically finds
that:
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A. The subject property is located within
the Central Business District Zone, as defined in
the Azusa Municipal Code, Chapter 19.27. Section
19.27.020(4)(e) permits residential uses in a
commercial development above the first floor only.
B. Mr. Alvarez acquired the property
thirteen (13) years ago. At that time, the top
floor was utilized for residential purposes and the
bottom four (4) units were utilized for commercial
purposes.
C. By his own admission, approximately nine
(9) years ago, Mr. Alvarez converted the bottom
four (4) units from commercial to residential
units. Each unit is less than five hundred (500)
square feet in area. Mr. Alvarez's conduct of the
unpermitted conversion, as defined in Section
19.27.020(4)(e), constitutes a public nuisance.
Section 15.08.010(F) provides, in pertinent part,
that causing or maintaining any real property, or
structures thereon, in violation of any of the
provisions of Title 19 of the Azusa Municipal Code
is a public nuisance.
D. The subject property is a public nuisance
under Section 15.08.010(M) due also to failure to
maintain said property, including missing parking
improvements, peeling paint and missing screens.
Trash and debris are chronically scattered on the
property, and the landscaping is not maintained.
The units are consistently overcrowded and the
housing is substandard.
E. As an alternate grounds for finding a
public nuisance, Mr. Alvarez is maintaining
property detrimental to nearby properties and
improvements, in violation of Section
15.08.010(D). Section 15.08.010(D) provides, in
pertinent part, that maintaining or failing to
maintain the property, or any building or structure
thereon, in such condition so that it is defective,
unsightly or in such condition of deterioration or
disrepair that it causes or will cause an ascer-
tainable diminution of the property values of
surrounding properties, or is otherwise materially
detrimental to adjacent and nearby properties and
improvements is a public nuisance.
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 deny the appeal of Antonio and
Olga C. Alvarez and specifically affirms the decision of the
Hearing Officer on October 19, 1988 declaring the subject
property to be a Public Nuisance pursuant to the provisions
of Section 15.08.010(D), (F) and (M) of the Azusa Municipal
Code and further declares that:
A. The downstairs four (4) units be vacated
within forty-five (45) days or by December 22,
1988.
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tkm/RES0759
B. The owner obtain a conditional use permit
to reestablish commercial uses permitted in the
"Central Business District Zone" due to abandonment
of the commercial uses for more than six (6)
months.
C. Utilities shall not be reconnected to the
downstairs units until a conditional use permit is
obtained for expansion of a nonconforming property
or the commercial and residential uses meet all
applicable code requirements.
D. All requirements of Precise Plan P-772 be
complied with on or before December 22, 1988.
E. Should the property owners and/or tenants
fail to vacate the four (4) downstairs units as
ordered or should the owners fail to comply with
this order of abatement, or any time frame, the
City shall cause abatement as needed. Said
abatement may include civil and/or criminal
prosecution for failure to abate.
F. Should the City be required to cause
abatement, or take any action to enforce this
order, the owners shall be charged for all costs
incurred pursuant to Section 15.08.100, et al.,
Azusa Municipal Code.
G. A notice of substandard property shall be
recorded with the Los Angeles County Recorder's
Office immediately.
SECTION 4. The City Clerk shall send a certified
copy of this Resolution to Antonio and Olga C. Alvarez by
prepaid first class United States mail at the address shown
in the Public Nuisance Appeal filed by Mr. Alvarez, or as
set forth in the public hearing thereon. Such mailing shall
constitute notice to Mr. Alvarez in accordance with Code of
Civil Procedure Section 1094.6 and Azusa Municipal Code
Section 15.08.10 that any action to review this decision of
the City Council 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 21st day of
November , 1988.
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MAYOR
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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
November 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NON]
ME