HomeMy WebLinkAboutResolution No. 85830 0
RESOLUTION NO. 8583
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
CHARLES B. LEAMON AND AFFIRMING THE FINDING OF
A NUISANCE AND ORDER TO ABATE THE NUISANCE FOR
THE PROPERTY LOCATED AT 932 EAST NEARFIELD
AVENUE (CASE NO. 88-542)
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 December 19, 1988, the property located at 932
East Nearfield Avenue (Assessor's Parcel No. 8629-
11-8) was declared a public nuisance due to
accumulations of trash and debris on the site and
substandard conditions including broken windows and
torn screens.
B. On January 5, 1989, the property owner, Mr. Charles
B. Leamon, filed a Notice of Appeal on the decision
of the Hearing Officer declaring the property to be
a public nuisance.
C. On February 6, 1989, the City Council of the City
of Azusa held a duly -noticed hearing on the appeal
of Mr. Leamon relating to the nuisance action for
the subject property. Despite having received
notice January 24, 1989, of the hearing date,
Mr. Leamon did not appear at the hearing. Evidence
was received from the City through its Code
Enforcement Officer, David Rudisel. In addition to
the testimony of Mr. Rudisel, the Council received
the staff reports and the files from all City
departments concerning the subject property.
D. Evidence having been received and due consideration
having been given to the respective positions of
each side, the Council specifically finds that the
subject property is a public nuisance as defined in
Section 15.08.010(C,D,K, and M) of the Azusa
Municipal Code, Section 8.52.080 of the Azusa
Municipal Code, and Section 17920.3 of the
California Health & Safety Code, due to the
existence on the property of a substandard, deteri-
orating residential structure consisting of broken
windows, ripped and torn screens, missing screens
and screen doors, as well as the accumulation of
trash, debris and overgrowth of vegetation.
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 Charles Leamon and
specifically affirms the decision of the Hearing Officer
declaring the subject property to be a public nuisance as
defined in Section 15.08.010(C,D,K, and M) of the Azusa
9 0
Municipal Code, Section 8.52.080 of the Azusa Municipal
Code, and Section 17920.3 of the California Health & Safety
Code, and hereby issues the following order of abatement:
A. The junk, trash and debris on the site shall be
removed within 15 days from the date of this
Resolution.
B. The broken windows on the subject property shall be
replaced within seven (7) days from the date of
this Resolution.
C. The patio structure attached to the building on the
site and all other building code violations shall
be corrected within thirty (30) days after the
residence has been vacated, but no later than
April 1, 1989.
D. A "Notice of Substandard Property" shall be
recorded with the Los Angeles County Recorder's
Office and shall be removed upon compliance with
the terms of this Order of Abatement.
E. Should the owner of the property fail to comply
with the terms of this Order of Abatement, the City
of Azusa may cause abatement as needed and charge
all costs to the owners pursuant to Chapter 15.08
of the Azusa Municipal Code. Said abatement may be
by civil suit, criminal prosecution, or physical
abatement by the City.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to the appellant, Mr. Leamon, by
prepaid, first class, United States Mail, at the address
shown in the public nuisance appeal. Such mailing shall
constitute notice to Mr. Leamon in accordance with Code of
Civil Procedure Section 1094.6 and Azusa Municipal Code
Section 15.08.100 that any action to review this decision of
the City Council shall be commenced not later than the
ninetieth (90th) day following adoption of this Resolution.
SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day
of February , 1989.
MAYOR
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pmt/RES5743 •
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 February 1989, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, STEMRICH, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS . NONE
ABSTAIN COUNCILMEMBERS; NARANJO
CITY CLERK
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