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HomeMy WebLinkAboutResolution No. 88950 0 RESOLUTION NO. 8895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF EZRI NAMVAR AND LARK ELLEN PLAZA PARTNERSHIP -AND ISSUING AN ORDER FOR ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 831 SOUTH LARK ELLEN AVENUE PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 90-613-C) 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 May 24, 1990, a duly noticed public nuisance hearing was held to determine whether or not the property located 831 South Lark Ellen Avenue within the City of Azusa constitutes a public nuisance as defined in Section 15.08.010(a),(c),(d),(f) and (k) of the Azusa Municipal Code. The hearing officer found the property to be a public nuisance due to the owners' failure to complete or maintain precise plan of design requirements relating to landscaping, parking lot lighting and irrigation as well as the owners' refusal to pay for refuse collection, repair broken windows and sign, and removal of graffiti. The decision of the hearing officer was signed and transmitted to the property owners on May 31, 1990. B. On June 11, 1990, the owners of the subject property filed a timely appeal from the May 31, 1990 decision. C. On July 2, 1990, a duly noticed public nuisance appeal 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 the property owners. Evidence was received from the City through its Community Improvement Manager, David Rudisel. Evidence was received from Ezri Namvar on behalf of the property owners. The Council accepted into evidence certain photographs as well as the staff reports and files of the City Community Improvement Department, City Planning Department and Finance Department relating to the subject property. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on July 2, 1990, the City Council of the City of Azusa does hereby specifically find, determine and declare that: A. The subject property is a shopping center located at 831 South Lark Ellen Avenue and is 1-1 �J designated by Assessor's Parcels Nos. 8619-13-60, 61, 62 and 63. B. Prior to construction of the shopping center, the City approved Precise Plan of Design No. P-2249 and Design Review No. D-71 which duly imposed upon the property certain requirements for landscaping, parking lot lighting and irrigation. C. The subject property is in an overall state of general dilapidation and disrepair. The property suffers from multiple graffiti markings and re -markings which have not been removed. Landscaping has not been completed as required by the Precise Plan of Design and weeds and vegetation have overgrown without being trimmed and properly maintained. Potholes in the parking and pedestrian areas of the property have been allowed to exist without being repaired. D. The parking lot lighting and landscaping requirements of the Precise Plan of Design have not been installed. E. Portable advertising signs exist upon the property in violation of the Azusa Municipal Code. Identification signs and advertising signs on the property are broken and need repair. F. The property owners have not paid for trash removal over the last five (5) months. Trash generated by the shopping center has been removed by the City pursuant to a contract with Western Disposal Company. G. The property owners have refused to correct the problems described above despite having the financial and physical resources to make these corrections. 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 Ezri Namvar and hereby finds that the subject property is a public nuisance pursuant to the provisions of Azusa Municipal Code Section 15.08.010(a),(c),(d),(f), and (k) and Section 17920.3 of the California Health and Safety Code. Accordingly, the City Council of the City of Azusa hereby issues the following Order to Abate to Ezri Namvar and Lark Ellen Plaza Partnership, as owners of the subject property, and their successors, heirs and assigns in the subject property: A. That all manner of graffiti be removed on or before July 19, 1990. B. That all vegetation overgrowth be cut back, trimmed and removed and properly maintained on or before July 19, 1990. C. That all portable advertising signs be removed on or before July 19, 1990. -2- pmt/RES48003 0 0 D. That all potholes upon the subject property be repaired on or before July 21, 1990. E. The City of Azusa shall continue the agreement with Western Disposal for trash removal upon the subject property and shall charge the cost of such trash removal to the owners as a lien upon the property. F. No new business licenses shall be issued to this location until such time as all conditions of this Order of Abatement have been complied with. G. No new utility connections shall be issued to the subject property until such time as all conditions of this Order of Abatement have been complied with. H. All defective signs of identifications and/or advertisement shall be repaired on or before August 15, 1990. I. All abandoned business signs shall be removed on or before August 15, 1990. J. Should the owners or tenants fail to comply with this Order of Abatement, or any time frame set forth herein, a "Notice of Substandard Property" shall be recorded with the Los Angeles County Recorder's Office. K. The Council approves the filing of a civil legal action against the property owners to obtain compliance with all the conditions stipulated to in the Precise Plan of Design P-2249 and Design Review No. D-71. L. In the event the property owners fail to comply with the terms of this Order of Abatement, the City of Azusa shall cause abatement as needed and charge all costs to the owners and/or tenants as required pursuant to Chapter 15.08 of the Azusa Municipal Code. Said abatement may include civil suit, criminal prosecution or physical abatement. SECTION 4. The City Clerk shall send a certified copy of this Resolution to Ezri Namvar and to Lark Ellen Plaza Partnership at the addresses shown in the Notice of Appeal filed by said parties, or as set forth in the testimony or evidence at the hearing on the appeal. 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 adoption of this Resolution. SECTION 5. The City Clerk shall certify the adoption of this Resolution. -3- pmt/RES48003 0 0 PASSED, APPROVED AND ADOPTED this 16th day of July , 1990 . MAYOR 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 16th day of July , 19 90, by the following vote of the Council: AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO, MOSES NOES: COUNCILMEMBERS NON ABSENT: COUNCILMEMBERS NON ABSTAIN: COUNCILMEMBERS ALE -4- pmt/RES48003