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HomeMy WebLinkAboutResolution No. 864000 so RESOLUTION NO. 8640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL THOMAS A. AND SUZANNE L. LINDLEY AND DENNIS HALL AND APPROVING AN ORDER FOR ABATEMENT OF PUBLIC NUISANCE FOR PROPERTY LOCATED AT 750 WEST FOOTHILL BOULEVARD PURSUANT TO CHAPTERS 15.08 AND 15.10 OF THE AZUSA MUNICIPAL CODE (CASE NO. 89-214) M 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 April 4, 1989, a duly -noticed public nuisance hearing was held to determine whether or not the property located at 750 West Foothill Boulevard (hereinafter "Subject Property") constitutes a public nuisance as defined in Sections 15.08.010 (F. and M.) of the Azusa Municipal Code. The hearing officer found the property to be a public nuisance based upon the failure of the owner to comply with the conditions of the approved Precise Plan of Design, the failure of the tenant to obtain City business licenses, and the failure of the owner to comply with the seismic safety requirements of Chapter 15.10 of the Azusa Municipal Code. B. On April 11, 1989, the owner, Thomas Lindley, filed a timely appeal from the April 4, 1989, decision, and on April 20, 1989, the tenant, Dennis Hall, filed a timely notice of appeal from the April 4, 1989, decision. C. On May 1, 1989, a duly -noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Sections 15.08.110 of the Azusa Municipal Code on the appeal of both Mr. Lindley and Mr. Hall. Evidence was received from the City through its Community Improvement Manager, David Rudisel, and from Mr. Lindley and Mr. Hall. The staff report and files of the City Community Improvement Department, City Planning Department, and the Code Enforcement Department relating to the Subject Property were received into evidence. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on May 1, 1989, the City Council specifically finds that: A. On July 28, 1988, the City Planning Division issued Precise Plan of Design No. P-88-54 to Tom Lindley for the Subject Property, but at an address listed as 760 West Foothill Boulevard. Said Precise Plan 6/14/89 pmt/RES5345 • • • • of Design contained a number of conditions attached to it. The property owner has not made any of the improvements required by the Precise Plan of Design despite having had adequate opportunity to do so. B. The tenant on the Subject Property, Mr. Dennis Hall, has been operating a business there entitled "Shamrock Tire & Off -Road, Inc." since on or about August 1, 1986, with six employees. Mr. Hall has not paid the business license fees due to the City since that time and the amount due as of the date of this ordinance is $347.02. C. The building located on the subject property is classified as a building having a rating classification of III, was constructed prior to October 6, 1933, is an unreinforced masonry building, and is subject to the seismic safety requirements of Chapter 15.10 of the Azusa Municipal Code. On June 9, 1988, the owners of the property, Thomas A. and Suzanne L. Lindley, were served with an "Earthquake Hazard Reduction Compliance Order" by the building official of the City of Azusa, which order set forth options and time frames for compliance with Chapter 15.10, Earthquake Hazard Reduction in Existing Buildings, of the Azusa Municipal Code. The order specified that the owners had a maximum period of time up to and including March 1, 1989, within which to comply with certain provisions of the ordinance and to initiate certain long-term remedial actions. As of the date of this resolution, the owners had not complied with said time deadlines, nor had they complied with any provisions of Chapter 15.10. 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 Thomas A. and Suzanne L. Lindley, denies the appeal of Dennis Hall, and finds that the Subject Property is a public nuisance pursuant to Section 15.08.010 (F. and M.) of the Azusa Municipal Code. A. Accordingly, Thomas A. Lindley and Suzanne L. Lindley shall: (1) Within six (6) months from the date of this Resolution, the owner shall submit plans, obtain building permits and install wall anchors in accordance with the requirements of Chapter 15.10 of the Azusa Municipal Code. (2) Within four and one half (4=) years from the date of this Resolution, the owner shall submit the structural analysis and plans for structural alteration of the building in accordance with Chapter 15.10 of the Azusa Municipal Code, obtain a building permit for such work and complete said work. (3) within nine (9) months from the date of this Resolution, the property owners shall obtain design review approval and shall complete all -2- ©0" pmt/RES5345 • • • • construction required pursuant to said approval. (4) In the event the property owners fail to comply with the time limits set forth in this Resolution, the City may declare the property owners in default under said obligations and order the building vacated and demolished. B. Accordingly, Dennis Hall shall: (1) Pay to the City the sum of Three Hundred Forty -Seven and 02/100 Dollars ($347.02) for business license fees, penalties, application fees and interest due thereon within thirty (30) days of the date of this resolution; and (2) Should Mr. Hall fail to comply with this order, the City may cause such abatement as is needed and charge all costs of such abatement action to Mr. Hall. SECTION 4. The City Clerk shall send a certified copy of this resolution to Thomas A. and Suzanne L. Lindley and to Dennis Hall at the addresses shown in the Notice of Appeal filed by said parties, or as set forth in the testimony at the hearing thereon. Such mailing shall constitute notice to each said party in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 15.08.050 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 19th day of June , 1989. //. 1111, /� -3- 5/9/89 pmt/RES5345 • 4D 0! 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 19th day of June 1989, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS NONE 5/9/89 9E -4-