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HomeMy WebLinkAboutResolution No. 8981RESOLUTION NO. _ggg]_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE APPEAL OF GUILLERMO AND IDALIA MARTINEZ AND CONFIRMING PUBLIC NUISANCE ABATEMENT COSTS AND INTENT TO RECORD TAX LIEN AND PROPERTY'LIEN AGAINST PROPERTY AT 628 NORTH CEDARGLEN, AZUSA (CASE NO. 89-2235M) 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 April 3, 1990, the Community Improvement Department issued a Public Nuisance Declaration declaring the subject property located at 628 North Cedarglen Drive, Azusa, (Los Angeles County Assessor's Parcel No. 8612-1-33) to be a public nuisance based upon violations of the Azusa Municipal Code and requiring the property owners, Guillermo and Idalia Martinez to correct the violations in accordance with the Order of Abatement. The property owners did not appeal the issuance of this Declaration and have not otherwise contested the terms thereof. B. Since the issuance of the Public Nuisance Declaration, the property owners have made some but not all of the repairs required by the Declaration and have not complied with the'time limits imposed in the Declaration. C. On November 7, 1990, a duly noticed hearing to confirm costs to date was held pursuant to Section 15.08.100B. of the Azusa Municipal Code. At said hearing, Guillermo Martinez was present and presented his case to the Hearing Officer. The Hearing Officer.confirmed the costs incurred and ordered them paid pursuant.to Section 15.08.100 and ordered the property owners to comply with the April 3, 1990 Order of Abatement and imposed additional deadlines. D. On November 7, 1990, the property owners filed a timely appeal of the Hearing Officer's decision. E. On December 3, 1990, the City Council of the City of Azusa held a hearing on the appeal and the confirmation of costs pursuant to the Hearing Officer's decision. The Council received evidence from the Community Improvement Manager, David Rudisel. Evidence was also received from the property owners through Guillermo Martinez. The Council accepted into evidence the photographs of the subject property and the staff reports and files of the Community Improvement Department, City Planning Department, City Finance Department, City 0 9 Building Department and the Los Angeles County Fire Department relating to the subject property. The City Council carefully considered all of the oral and written evidence presented to it at this hearing. F. Since the time the City first received notice regarding a problem on the subject property on November 14, 1989, the City has incurred Five Hundred Ninety -Three Dollars and Sixty -Four Cents ($593.64) in actual expenses and costs of the City in the preparation of notices, specification and contracts, inspection of the work, costs of printings and mailings required under Chapter 15.08, attorneys' fees and staff time in the abatement of the problems on the subject property. Said costs were reasonably incurred in the abatement of the nuisance on this appeal and the City is entitled to reimbursement of such expenses pursuant to Section 15.08.100 of the Azusa Municipal Code. SECTION 2,. 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 Guillermo and Idalia Martinez and finds that the subject property continues to be a public nuisance pursuant to section 15.08.010 of the Azusa Municipal Code, reaffirming the April 3, 1990 Public Nuisance Declaration and finds that costs in the amount of Five Hundred Ninety -Three Dollars and Sixty - Four Cents ($593.64) were reasonably incurred by the City pursuant to the authority set forth in Section 15.08.100 of the Azusa Municipal Code. Accordingly, the City Council of the City of Azusa hereby issues the following Order with respect to the subject property: A. The amount of Five Hundred Ninety -Three Dollars and Sixty -Four Cents ($593.64) is the cost to date for the costs recoverable under Section 15.08.100 of the Azusa Municipal Code. Payment for that amount shall be paid on or before February 7, 1991. If payment is not received on said date, a lien shall be recorded, along with a simple interest rate of eight percent (8$), with the Los Angeles County Recorders Office and the Los Angeles County Tax Collector. B. The water leakage to the bathroom flooring shall be repaired within thirty (30) days from the date of this Resolution. C. All other repairs stated in the Public Nuisance Declaration dated April 3, 1990 shall be completed on or before February 1, 1991. D. The Community Improvement Department shall conduct an inspection of the property and a report prepared as to the status of the repairs to include what has been accomplished and what has not been accomplished as ordered by the Public Nuisance Declaration dated April 3, 1990. -2- pmt/RES973670 0 9 E. No liens shall be filed by the City of Azusa unless: (1) The property owners fail to repair the water leakage to the bathroom flooring within thirty (30) days of the date of this Resolution; and (2) The property owners fail to make all repairs'as required by the Public Nuisance Declaration dated April 3, 1990 on or before February 1, 1991. F. All repairs ordered to be accomplished shall be accomplished in a workmanlike manner. G. -Any and all additional costs incurred by the City shall be charged to the property owners pursuant to Section 15.08.100 of the Azusa Municipal Code. SECTION _Z. The City Clerk shall send a certified copy of this Resolution to Guillermo and Idalia Martinez, at the address shown on the Notice of Appeal filed by Guillermo Martinez, or as set forth in the testimony or evidence at the hearing on this appeal. Such mailing shall constitute notice to each party in accordance with the 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 A. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of December , 19'90 -3- pmt/RES973670 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 Abe* , 1990 , by the following vote of the Council: AYES: COUNCILMEMBERS DANQEIS, ST94RICH, NARANJO, ALEPMER, MOSES NOES: COUNCILMEMBERS NOW ABSENT: COUNCILMEMBERS NOIR -4- pmt/RES973670