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HomeMy WebLinkAboutResolution No. 88550 RESOLUTION NO. 8855 E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF ROBERT HWANG AND AFFIRMING THE FINDING OF A PUBLIC NUISANCE IN ORDER TO ABATE THE NUISANCE FOR PROPERTY LOCATED AT 200 WEST FOOTHILL BOULEVARD, NO. 2, AZUSA, CALIFORNIA (CASE NO. 90 -323 -AC) 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 March 29, 1990, a duly noticed public nuisance hearing was held to determine whether a public nuisance, as defined in Azusa Municipal Code Sections 15.08.010 and 19.50.080(6), existed on the subject property located at 200 West Foothill Boulevard, Azusa, California, more particularly described as Assessor's Parcel No. 8611-5-32. The hearing officer, Michael D. Douglass, declared the subject property to be a public nuisance due to the placement of temporary signs on more than ten percent (10%) of the window area, the chronic failure to remove graffiti from the property, the failure to comply with design review and the failure to correctly mark handicap parking spaces with appropriate markings and signs. B. The appellant, Robert Hwang, filed an appeal of the hearing officer's decision within the time required by the Azusa Municipal Code. C. On April 16, 1990, a duly noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Azusa Municipal Code Sections 15.08.070 and 15.08.080 on appellant's appeal with evidence being received from the City through its Community Improvement Manager, Mr. David Rudisel, documents submitted into evidence and testimony from the appellant and members of the public. The Council also received into evidence the files on the subject property maintained by the City as well as the documents discussed at the hearing. SECTION 2. Having fully and carefully considered all of the oral and written evidence presented to it at the hearing held on April 16, 1990, the City Council specifically finds that: A. The subject property is a public nuisance under Sections 19.50.080(6) and 15.08.010 of the Azusa Municipal Code in that the signs present on the windows of the business exceed ten percent (l0%) of the window area. The owner contended that the signs were necessary for his business and that the ten percent (10%) limitation should be 0 extended. The ten percent (10%) rule is fair and reasonable, however, if the applicant does not agree with it, he may seek a variance pursuant to the terms of the Azusa Municipal Code or may seek to have the rule changed. B. The subject property is also a public nuisance pursuant to the provisions of Azusa Municipal Code Section 15.08.010 in that graffiti has been allowed to remain on the building for very long periods of time despite notices and requests for removal from the City. Additionally, the property does not have properly marked handicap parking spaces and has a number of handicap parking only signs missing which have not been replaced. Notwithstanding this finding, it should be noted that the appellant, Robert Hwang, did not appeal those portions of the hearing officer's decision relating to graffiti, handicap parking spaces and design review nor did the property owner, Nick Paziourous, who was served with the notice for the hearing before the hearing officer. 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 appellant and specifically affirms the decision of the hearing officer dated April 10, 1990, declaring the subject property to be a public nuisance. The City Council further declares and orders that: A. All signs covering more than ten percent (10%) of any window area at Video VR and R -Star Market be removed within ten (10) days from the date of this Resolution. B. The subject property shall be kept free of graffiti and any future graffiti shall be removed by the owners and the tenants within seventy-two (72) hours of notification from the City. C. The property owners shall submit an application for design review to the City Planning Division within thirty (30) days of the date of this Resolution. D. All handicap signs missing or incorrectly marked or mounted shall be replaced to comply with Part 2 of the California Building Code within thirty (30) days of the date of this Resolution. E. All building permits shall be obtained in accordance with the Uniform Building Code adopted by the City of Azusa pursuant to Chapter 15.04 of the Azusa Municipal Code. F. All repairs ordered shall be accomplished in a workmanlike manner. G. A notice of "substandard property" shall be recorded against the subject property with the Los Angeles County Recorder's Office. -2- pmt/RES39154 0 0 H. Should the property owners or the appellant fail to comply with the order to abate or its stated time frames, the City of Azusa may seek legal remedy to cause compliance including, but not limited to, criminal prosecution, civil remedy or abatement. I. Any and all costs incurred by the City for the investigation and abatement of this public nuisance shall be paid by the applicant pursuant to Section 15.08.100 of the Azusa Municipal Code. SECTION 4. The City Clerk shall send a certified copy of this Resolution to appellant and the property owner by prepaid first-class United States mail at the address shown in the public nuisance appeal file, or as set forth in the public hearing thereon. Such mailing shall constitute notice to the appellant in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 15.08.110, 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 to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of , 19 90. I HEREBY CERTIFY duly adopted by the City regular meeting thereof, May , 19 901 Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS pmt/RES39154 4,L, it MAYOR that the foregoing Resolution was Council of the City of Azusa at a held on the 7th day of by the following vote of the STEb1RICH, NARANJO, MOSES NONE NON DAN -3-