HomeMy WebLinkAboutResolution No. 8982RESOLUTION NO. 8982
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE,PUBLIC NUISANCE
APPEAL OF FIRKIN AND ALICIA VILLARREAL
AND ISSUING AN ORDER FOR THE ABATEMENT OF
A PUBLIC NUISANCE FOR PROPERTY LOCATED AT
223 SOUTH LOUISE AVENUE PURSUANT TO
CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE
(CASE NO. 90-776-C)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION J. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On October 31, 1990, a duly noticed Public
Nuisance Hearing was held to determine whether or
not the Subject Property located at 221-223 South
Louise Avenue, Azusa, (Assessor's Parcel No.
8614-3-6) constitutes a public nuisance as defined
in Section 15.08.010 of the Azusa Municipal Code.
The Hearing Officer found the Subject Property to
be a public nuisance based upon the facts presented
concerning the condition of the property. The
decision of the Hearing Officer was signed and
transmitted to the property owners, Firmin and
Alicia Villarreal, on November 5, 1990.
B. On November 15, 1990, the owners of the
Subject Property filed a timely appeal from the
November 5, 1990 decision of the Hearing Officer.
C. On December 3, 1990, a duly noticed Public
Nuisance Appeal Hearing was held before the City
Council of the City of Azusa pursuant to the
provisions of Chapter 15.08 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.
Despite receiving notice of the appeal hearing by
first class mail, postage prepaid and deposited in
the United States mail on November 20, 1990,
neither the property owners nor anyone on their
behalf appeared at the hearing. The Council
accepted into evidence the photographs of the
Subject Property and the staff reports and files of
the City Community Improvement Department, City
Planning Department, City Finance Department, City
Building Department and the Los Angeles County Fire
Department relating to the Subject Property.
SECTI a. Having considered all of the oral and
written evidence presented to it at the hearing held on
December 3, 1990, the City Council of the City of Azusa
specifically finds that:
A. The Subject Property has a garage which has
been converted to a residential unit without a
permit and in violation of the zoning code. The
.A
0 0
garage unit does not comply with the building code
and is a hazard.
B. Debris is located on the property in all areas
except the front yard and driveway.
C. Unit 221 has no smoke detector.
D. A travel trailer located south of 223 South
Louise is occupied and connected to a septic tank
and electrical services in violation of the
building codes.
E. An unpermitted addition has been built on the
south wall of Unit 223. Laundry appliances within
the addition are connected via extension cords to
the house in violation of the building codes.
F. The septic tank on the property is not being
used in accordance with the code.
SECTION1. 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 Firmin and
Alicia Villarreal and finds that the Subject Property is a
public nuisance pursuant to Section 15.08.010 of the Azusa
Municipal Code. Accordingly, the City Council of the City
of Azusa hereby issues the following Order to Abate to the
owners of the Subject Property, and their successors, heirs
and assigns in the Subject Property:
A. All debris be removed from all areas of the
property;
B. A functioning smoke detector be installed at
Unit 221;
C. A permit be obtained and the garage
deconversion be completed pursuant to Building
Department requirements and the Azusa Municipal
Code;
D. The travel trailer be vacated and removed from.
the property within forty-five (45) days of the
date of this Resolution;
E. A permit be obtained and the unpermitted
addition on the south wall of Unit 223 be brought
up to code or demolished;
F. A permit be obtained and the septic tank at
the south side of the property be filled pursuant
to Building Department requirements within forty-
five (45) days of the date of this Resolution;
G. All required building permits be obtained in
accordance with the Uniform Building Code and the
Azusa Municipal Code;
H. All repairs ordered pursuant to this
Resolution shall be accomplished in a workmanlike
manner;
-2-
pmt/RES247956
0 9
I. A Notice of Substandard Property shall be
recorded with the Los Angeles County Recorder's
Office;
J. The provisions set forth in Section 17274 of
the California Revenue and Taxation Code shall be
notice to the property owners;
K. Should the property owners fail to comply with
this Order to Abate or with its stated time frames,
the City of Azusa may seek legal remedy to enforce
compliance including, but not limited to, criminal
prosecution, civil remedy or physical abatement or
any combination thereof; and
L. Any and.all costs incurred by the City shall
be charged to the property owners pursuant to
Section 15.08.100 of the Azusa Municipal Code; and
unless otherwise specified in this section, all
work to be done on the property shall be completed
within thirty (30) days of the date of this
Resolution.
SECTION g. The City Clerk shall send a certified
copy of this Resolution to Firmin and Alicia Villarreal at
the address shown on the Notice of Appeal filed by said
parties. Such mailing shall constitute notice to each party
in accordance with Code of Civil Procedure Section 1094.6
and Azusa Municipal Code Section 15.08.050 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 17th day of
Deoenber , 19 90 .
-3-
pmt/RES247956
MAYOR
0 0
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
Dir , 1920_0 by the following vote of the
Council:
AYES: COUNCILMEMBERS DANGIMS, STEMCH, NARAWO, ALEMUM,
NIS
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NOW
-4-
pmt/RES247956
DEPUTY
