HomeMy WebLinkAboutResolution No. 8698I]
RESOLUTION NO. 8698
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A RESOLUTION OF THE CIT'_' COUNCIL OF THE
CITY OF AZUSA DENYING THE APPEAL OF
THOMAS AND KAREN ',LANKE, H.M. ALBRECT AND
GAYLORD AND INGRID SLASOR, FINDING A
PUBLIC NUISANCE FOR THE PROPERTY LOCATED
AT 777 NORTH VERNON AVENUE, AZUSA
FOODLOCKERS AND IMPOSING AN ORDER FOR THE
ABATEMENT OF THE PUBLIC NUISANCE
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) Appellants, Thomas and Karen Manke, have
owned the subject property at 777 North Vernon
Avenue, Azusa Foodlockers, since March 22, 1988.
The Manke's are in the process of selling the
property to H. M. Albrect and Gaylord and Ingrid
Slasor.
(b) On March 22, 1988, the Manke's obtained
an accented precise plan of design No. P-88-28.
Section 2.A. of the precise plan of design requires
the owner to perform exterior improvements on the
property compatible with the West End Specific Plan
as required by the design review provisions set
forth in Chaoter 19.57 of the Azusa Municipal Code.
(c) On June 13, 1989, staff reviewed the
subject property as a part of a real property
records report prior to the sale and initiated
public nuisance abatement proceedincs for failure
to comply with the conditions agreed to and set
forth in the precise plan of design.
(d) On July 13, 1-989, the subject property
was declared a public nuisance by the hearing
officer on the basis of the facts presented. None
of the owners or proposed owners appeared at the
hearing. An order to abate was issued.
(e) On August 7, 1989, a duly noticed hearing
on the appeal of the Manke's, Slasor's and Albrect
on the public nuisance abatement order was held
before the City Council. Testimony and evidence
was received from the City through its Code
Enforcement Officer, David Rudisel, and from Thomas
Manke and Gaylord Slasor.
(f) None of the appellants have complied with
the requirements of Condition 2 or Condition 3 of
the precise plan of design No. P-88-28 and the
appellants have not complied with the design review
requirements of the Azusa Municipal Code and the
zoning ordinances applicable to this property.
SECTION 2. Based upon the findings set forth in
Section 1 of this resolution, the Citv Council of the Citv
of Azusa does hereby deny the appeal of Thomas and Karen
Manke, H. M. Albrect and Gaylord and Ingrid Slasor and finds
the subject property to be a public nuisance pursuant to the
orovisions of Sections 15.08.010F. and M. of the Azusa
Municipal Code. Accordingly, the City Council of the City
of Azusa hereby orders the appellants to abate the public
nuisance at the subject property as follows:
(a) The owners shall submit all required
plans as specified in precise plan of design No.
P-88-28 and all applicable zoning ordinances and
specific plans on or before September 20, 1989.
(b) The owners shall complete all
requirements of the precise plan of design No
P-88-28 and improvements on or before November 19,
1989.
(c) Should the owners fail to comply with
this order of abatement or any time frame, the Citv
may cause the abatement as necessary or undertake a
cvi1 or criminal action and record a substandard
property lien with the Los Angeles County
Recorder's Office.
(d) The owners shall be charged for any costs
incurred by the City to abate this public nuisance
pursuant to the provisions of Chapter 15.08 of the
Azusa Municipal Code.
SECTION 3. The City Clerk shall send a certified
copy of this resolution to Thomas and Karen Manke, H. M.
Albrect and Gaylord and Ingrid Slasor at the addresses
indicated in the appeal documents or at the public hearing
by prepaid first-class United States mail. The mailing
shall constitute notice to said appellants that the action
has been taken, that they must obey the order of abatement,
and that if they wish to file a legal action to challenge
the authority or any of the provisions of this resolution,
said action must be filed within ninety (90) days of the
date of this resolution pursuant to the provisions of Code
of Civil Procedure Section 1094.6.
SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day
of August , 1989.
MAYOR
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1 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 August 1989, by the following vote of the
Council:
AYES: COONCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE ,
CITY CLERK
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