HomeMy WebLinkAboutResolution No. 85750 0
RESOLUTION NO. 8575
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE PUBLIC NUISANCE
APPEAL OF JUAN M. VELASQUEZ AND AFFIRMING
THE FINDING OF A PUBLIC NUISANCE AND
ORDER TO ABATE THE NUISANCE FOR PROPERTY
LOCATED AT 614 NORTH SUNSET AVENUE AND
ASSESSMENT OF ATTORNEYS FEES (CASE NO.
88-544)
THE CITY COUNCIL OF TH 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 December 19, 1988, a duly -noticed
Public Nuisance Hearing was held to determine
whether a Public Nuisance, as defined in Azusa
Municipal Code Sections 15.08.010(M) and 8.52.080
existed on the subject property located at 614
North Sunset Avenue, more particularly described as
Assessor's Parcel No. 8616-5-12. The Hearing
Officer, Mr. Daniel Watrous, declared that the
subject property to be a public nuisance due to the
storage of an immovable, inoperative converted
school bus on the property and its usage as living
quarters in violation of the Azusa Municipal Code's
prohibition of maintaining an inoperative vehicle
exposed to public view from a public street for
more than twenty-four (24) hours (Section 8.52.080)
and maintaining property in violation of the
building regulations of this City. These
violations were ordered abated within certain time
frames.
B. The Public Nuisance Abatement Action was
directed against John 13. and Lee Tyck, as owners of
the subject property and Juan M. Velasquez as owner
of and resident in the bus. On December 29, 1988,
Juan M. Velasquez filed a timely appeal from the
December 22, 1988 decision of the Hearing Officer.
C. On January 16, 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 15.08.010(M) and
8.52.080 on Mr. Velasquez' appeal, with evidence
being received from the City through its Code
Enforcement Officer, Mr. Velasquez 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 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 January 16, 1989, the City Council specifically
finds that:
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A. Mr. Tyck and Mr. Velasquez permitted the
illegal storage of an .immovable, inoperative
converted school bus on his property in violation
of the Azusa Municipal Code, Section 8.52.080.
Section 8.52.080 prohibits the maintenance of an
inoperative vehicle exposed to public view from a
public street for more than twenty-four (24) hours.
B. Mr. Tyck permitted a tenant to use and
Mr. Velasquez used the converted bus as living
quarters in violation of the Azusa Municipal Code,
Section 15.08.010(M) which prohibits the
maintenance of any structure or property in
violation of any law or ordinance of the City or
State relating to the condition, location,
maintenance or construction of a building or
property.
C. That even after the bus was restored and
operational, Mr. Tyck continued to permit the
tenant to use and Mr. Velasquez used said bus as
living quarters in viol-ation of Section
15.08.010(M) as herein described above, despite
requests by the City to remove said tenant.
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 t:he appeal of Juan M.
Velasquez and specifically affirms the decision of the
Hearing Officer on December 22, 1988 declaring the subject
property to be a Public Nuisance pursuant to the provisions
of Sections 15.08.010(M) and 8.52.080 of the Azusa Municipal
Code and further orders that:
A. The usage of the vehicle as a permanent
living quarters upon the property immediately stop,
and that compliance be effected in thirty (30) days
of this Resolution.
B. The property owners and Mr. Velasquez be
charged for the City Attorney's time and staff time
in handling the appeal, pursuant to the Azusa
Municipal Code, Section 15.08.100 et seq.
C. Should the owners or tenants fail to
comply with this Order of Abatement, or any time
frame, the City of Azusa shall cause abatement as
needed and charge all costs to the owners and/or
tenants as required, pursuant to Section 15.08.010,
et al., Azusa Municipal. Code.
SECTION 4. The City Clerk shall send a certify
copy of this Resolution to John E., Lee Tyck and Juan M.
Velasquez by prepaid first class United States Mail at the
address shown in the Public Nuisance Appeal filed or as set
forth in the public hearing record thereon. Such mailing
shall constitute notice to such parties in accordance with
Code of Civil Procedure Section 1094.6 and Azusa Municipal
Code Section 15.08.090 that any action to review this
decision of the City Council be commenced not later than the
ninetieth (90) day following the adoption of this
Resolution.
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SECTION 5 The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of
February 19_
MAYOR
ATTEST:
v1. CITY CLERK-' �-
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 6th day of
February , 19 , by the following vote of the
Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
AVILA, STEMRICH, LATTA, MOSES
NONE
NARANJO
// CITY CLERK
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