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Home My WebLink AboutResolution No. 86091 0 4 RESOLUTION NO. 8609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, DENYING THE PUBLIC NUISANCE APPEAL OF ARNOLD GILLIAND AND AFFIRMING THE FINDING OF A PUBLIC NUISANCE AND ORDER TO ABATE THE NUISANCE FOR PROPERTY LOCATED AT 705 EAST FIFTH STREET, AZUSA, CALIFORNIA. (CASE NO. 89- 22). 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 January 31, 1989, a duly noticed public nuisance hearing was held to determine whether a public nuisance, as defined in Azusa Municipal Code Section 19.24.040(4), existed on the subject property located at 705 East Fifth Street, Azusa, California, more particularly described as Assessor's Parcel No. 8624-2-24. The hearing officer, Daniel M. Watrous, declared the subject property to be a public nusiance due to the owner's illegal storage of recreational vehicles on commercial property. This violation was ordered to be abated within certain time frames. A copy of the Order to Abate the nuisance is attached as Exhibit A. (b) A public nuisance abatement action was directed against Arnold Gilliand, as owner of the subject property. On March 21, 1989, Arnold Gilliand ("Appellant") filed a timely appeal from the complaint, decision of the hearing officer. (c) On April 3, 1989, 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 Appellant's appeal, with evidence being received from the City through its Community Improvement Manager, David Rudisel, and members of the public. (d) The Council has received into evidence the files on the subject property maintained by the 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 April 3, 1989, the City Council specifically finds that: (a) The subject property is located within the C-2 zone, as defined in the Azusa Municipal Code, Chapter 19.24. Section 19.24.040(4) limits the storage on retail property to that which is incidental to the retail activity. 0 0 (b) Appellant is the owner of the real property commonly referred to as 705 East Fifth Street, Azusa, California, and he operates a 7-11 store on the business and holds the title of Store Manager. (c) By his own admission, Appellant parks the motor home for two to three weeks at a time on the subject property. Also, by his own admission, Appellant has stated that he walks to work and does not use the vehicle for transportation. (d) The recreational vehicle with License No. 1PQZ527 is registered as being owned by Appellant. (e) The use by Appellant of the subject property for storage of the recreational vehicle constitutes a public nuisance under Section 19.24.040(4). (f) As alternative grounds for defining a public nuisance, Appellant is maintaining property detrimental to nearby properties and improvements, in violation of Section 15.08.010(D). Section 15.08.010(B) 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 . that it causes or will cause an ascertainable dimunition of the property values of surrounding properties, or is otherwise materially detrimental to adjacent nearby properties and improvements is a public nuisance. In addition, to the extent that Appellant's storage of his motor vehicle is unsightly and causes and encourages the abandonment and illegal parking of other vehicles on surrounding properties, it constitutes a 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 Appellant and specifically affirms the decision of the Hearing Officer on January 31, 1989, declaring the subject property to be a public nusiance pursuant to the provisions of Sections 19.24.040(4) and 15.08.010(D) of the Azusa Municipal Code, and further declares and orders that: A. The subject property shall cease to be used as a place for the storage of recreational vehicles. B. The owner shall cease violating Municipal Code Section 19.24.040(4) and shall obey all laws relative to the use of the subject property. C. Should the City be required to cause abatement, or take any action to enforce this order, the owner shall be charged for all costs incurred pursuant to Section 15.08.100, et al., of the Azusa Municipal Code. -2- jfr/RES1011 0 0 SECTION 4. The City Clerk shall send a certified copy of this Resolution to Appellant by prepaid first class United States mail at the address shown in the Public Nuisance Appeal file by Appellant, or as set forth in the public hearing thereon. Such mailing shall constitute notice to Appellant 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 to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 17th day of April 1989. -c MAYOR ATTEST: CITY CLERK I HEREBY CERTIFY duly adopted by the City regular meeting thereof, April , 19_ , Council: AYES NOES: COUNCILMEMBERS that the foregoing Resolution was Council of the City of Azusa, at a held on the 17th day of by the following vote of the AVILA, STEMRICH, NARANJO, LATTA, MOSES COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE / i' C.L-Ly. CLERK -3- jfr/RES1011 ..1�3L�JJ Sl'l0 y010 00, Jlo, • ALVo.t RCOCY AgCT --- CITT ATT=NCT OpZ J March 14, 1898 CDr�MuLVI7y' VCL0A1(5V7 Db)Aj27r"'£N7 Southland Corporation C/O Tax Department No. 2032-13994 P. O. Sox 719 Dallas, Texas 75221 oubjeet: Declaration of Public Nuisance and Order to Abate Property at 705 E. Filth Street Case No. 89-22 Assessor No. 8624 - 2 - 24 Dear Property Owners: On January 31, 1989, at the hour of 9:45 a.m. a duly noticed public nuisance hearing was held to determine whether or not the property at 705 E. Fifth street, constitutes a public nuisance as defined in section(s) 15.08.010 (F & M) Azusa Municipal Code. Present for the hearing were: Arnold L. Dilliand, Business Owner David E. Rudisel, Community Improvement Manager Daniel M. watrous, Hearing Officer MINUTES: Mr. Rudisel explained that the storage of a motorhome on the property was not a permiLLed use. Mr. Dilliand stated that he moved out of a mobile home park and now lived in an apartment where he could not park the vehicle. Mr. Rudisel asked if he drove the vehicle to and from work. Mr. Dilliand stated that he walked to work. Mr. Rudisel asked how long he parked the vehicle without moving it. Mr. Dilliand stated approximately two (2) weeks at a time. Mr. Rudisel stated that the parking of a vehicle for longer than twenty four (24) hours constituted storage and that it violated zoning requirements set forth in Chapter 19.24.030 Azusa Municipal Code. EXHIBIT A EM 213 East Foothill Blvd., P.O. Box 139n. Azusa, Calllornia 91702,13:)S /QYQI ]71_5114 CnlizlmO 11 ZT IIr10 004 OnO4 SOUTHLAND CORPORM-ION C/O TAS DEPARTMENT NO. CASE NO. 89-22 PAGE 2 DECISION• ALV -1A ITSVEV M1OCT -^^ 'ITT .HTTOICNCT • 2032-13994 Having reviewed all notices and evidence provided at time of hearing I have declared the property at 705 E. Fifth Street, to be a public nuisance as defined in Section(s) 15.08.010 (F & M) Azusa Municipal Code. Subsequent to this decision I have issued the following order of Abatement: 1. That the motorhome (California License No. IPQZ527) be removed from the property. 2. That should the motorhome continue to be stored on the property the owners will be prosecuted. 3. That the property owners be charged for all costs pursuant to Section 15.08.100 et. al. Azusa Municipal Code. APPEALS: You have the right to appeal this decision and/or order of Abatement to the Azusa City Council (appeals form enclosed). Should you wish to appeal you must return the completed appeals form to the Azusa City Clerk's Office on or before March 21, 1989, by 5:00 p.m. In the absence of an appeal this decision shall be final. Should you have any questions regarding this matter please contact the Community Improvement Inspection Office at (818) 334-5125. Sincerely, ROY E. BRUCKNER COMMUNITY DEVELOPMENT DIRECTOR Daniel M. watrous Hearing Officer DER/kh Encl: Appeal Form CC: 117-11 Store" 705 E. Fifth Street Azusa, CA 91702 Attn: Mr. Arnold Dilliand