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HomeMy WebLinkAboutResolution No. 89350 0 RESOLUTION NO. 8935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF ERNEST A. HAMEL AND APPROVING AN ORDER FOR ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 935-937 NORTH AZUSA AVENUE PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NOS. 90 -904 -AC AND 90 -818 -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 August 16, 1990, a duly noticed hearing was held to determine whether or not the property located at 935-937 North Azusa Avenue (hereinafter "Subject Property") constitutes a public nuisance as defined in Section 15.08.010 of the Azusa Municipal Code. The Hearing Officer found the property to be a public nuisance because of debris in the rear yard, landscaping not being maintained, damaged paint, abandoned inoperative vehicles, structural damage to the garage and hazardous condition of the garage. The owner of the property, Ernest A. Hamel, filed a timely appeal from the August 16, 1990 decision of the Hearing Officer. B. On September 4, 1990, a duly noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Section 15.08.010 of the Azusa Municipal Code on the appeal of Mr. Hamel. Evidence was received from the City through its Community Improvement Manager, David Rudisel, and from Mr. Hamel. The staff report and the files of the City Community Improvement Department, City Planning Department, Code Enforcement Department and Finance Department relating to the subject property and six (6) photographs were received into evidence. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on September 4, 1990, the City Council specifically finds that: A. The property lacks proper landscaping, front yard and parkway. B. Debris is located on the property and the rear yard. C. The structure requires painting due to chipping, peeling and damaged paint. D. The chain link fences at the north and west property lines are in disrepair and unsightly. 0 0 E. The garage has structural damage at the northeast corner and is in a hazardous condition. F. The back door of the dwelling has missing/damaged threshold. G. The conditions set forth in subparagraphs A through F are violations of Section 17920.3 of the California Health and Safety Code, Section 1941.1 of the California Civil Code, Section 203 of the Uniform Building Code and Sections 8.51.020 and 15.08.010 of the Azusa Municipal Code. 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 Ernest A. Hamel, Jr. and finds that the Subject Property is a public nuisance pursuant to Section 15.08.010 of the Azusa Municipal Code. Accordingly, Ernest A. Hamel, Jr. as the owner of the Subject Property shall: A. The front yard and parkway of the Subject Property shall be relandscaped and an automatic irrigation system shall be installed in order to promote healthy plant growth. B. All debris shall be removed from the rear yard, including but not limited to, all loose wood and household appliances. C. The dwelling and garage structures on the property shall be painted. D. The chain link fences at the north and west property lines shall be repaired or replaced. E. The garage shall be rehabilitated under permit or demolished. F. The missing/damaged back door threshold shall be replaced or repaired. G. All building permits shall be obtained in accordance with the Uniform Building Code. H. All repairs ordered pursuant to this Resolution shall be completed in accordance with all applicable building codes and shall be completed in a good and workmanlike manner. I. A Notice of Substandard Property shall be recorded with the Los Angeles County Recorder's Office. J. Should the property owner fail to comply with the Order to Abate or its stated time frames, the City of Azusa may seek legal remedies to cause compliance, including but not limited to, criminal prosecution, civil actions or physical abatement. K. Any and all costs incurred by the City in this proceeding shall be charged to the property owner -2- pmt/RES11700 0 0 pursuant to Section 15.08.100 of the Azusa Municipal Code. L. The work required to be completed by subparagraphs A through F of this section shall be completed on or before October 17, 1990. SECTION 4. The City Clerk shall send a certified copy of this Resolution to the Appellant at the address shown in the Notice of Appeal, or as set forth in the testimony or evidence 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 and 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 17th day of Sep tPmhPr , 19 ()C). ATTEST: DEPUTY�C �- A .�� / •R .TEM 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 17th day of Septemher 19go , by the following vote of the Council: AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS 11, MOSES DEPUTY CIT ERK -3- pmt/RES11700