HomeMy WebLinkAboutResolution No. 8726�J
RESOLUTION NO. 8726
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE PUBLIC NUISANCE
APPEAL OF THOMAS J. CIANCITTO, JR.,
DECLARING THE PROPERTY AT 512-514 NORTH
BARBARA AVENUE TO BE A PUBLIC NUISANCE
AND ISSUING AN ORDER OF ABATEMENT (CITY
NUISANCE CASE NO. 89-1874-G)
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) The subject property is located at 512
and 514 North Barbara Avenue in the City of Azusa,
Assessor's Parcel No. 8616-9-38. The owner of the
property is Thomas J. Ciancitto, Jr.
(b) On August 29, 1989, a duly noticed public
nuisance hearing was held before Robert A. DeLoach,
Designating Hearing Officer, to determine whether
the subject property constitutes a public nuisance
as defined in Section 15.08.010 of the Azusa
Municipal Code. Upon completion of the hearing,
Mr. DeLoach found that the property was a public
nuisance and issued an order of abatement.
On September 18, 1989, the City Council of the City
of Azusa held a duly noticed public nuisance appeal
hearing on the appeal of the public nuisance
order. Evidence was received from the City through
its Community Improvement Manager, David Rudisel
and from Thomas A. Ciancitto, Jr.
(c) The subject property has an excessive
amount of debris, cast-off items and trash on the
property. The landscaping on the property has not
been maintained and consists of dying or dead
shrubs, weeds and grass. Although the owners have
taken steps to improve the condition of the
property since the public nuisance hearing, the
conditions still remain.
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 Mr. Ciancitto and
specifically affirms the decision of the Designating Hearing
Officer declaring the subject property to be a public
nuisance pursuant to Section 15.08.010 of the Azusa
Municipal Code and hereby issues the following order of
abatement:
(a) That all debris, trash and cast-off items
be removed from the property and all exterior
stucco work be completed by November 9, 1989.
0 0
(b) The landscaping on the subject property
shall be regularly watered and maintained. By
November 9, 1989, the landscaping and grass on the
subject property shall be neat, clean and green.
(c) In the event the terms of this order of
abatement are not complied with, the City of Azusa
shall be entitled to abate the nuisance and enforce
the order of abatement as needed by civil suit,
criminal prosecution or physical abatement. Any
and all costs incurred by the City of Azusa to
cause the abatement, including all costs of
physical abatement, litigation expenses and
attorneys' fees shall be charged to the owners of
the property pursuant to Chapter 15.08 of the Azusa
Municipal Code.
SECTION 3. The City Clerk shall send a certified
copy of this resolution to Mr. Ciancitto by prepaid, first-
class United States mail at the address shown in the public
nuisance appeal filed by Mr. Ciancitto. Such mailing shall
constitute notice to Mr. Ciancitto 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 in
a court of law shall be commenced not later than the
ninetieth (90th) day following the adoption of this
resolution.
SECTION 4. The City Clerk shall certify the
adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of
October . 1989
ATTEST:
CITY/ CLERK
17
-2-
pmt/RES7392
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 2nd day of
October 1989 , by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, STEMRICH, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NARANJO
CITY CLERK
-3-
pmt/RES7392