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Home My WebLink AboutResolution No. 8949RESOLUTION NO. 8949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF JAMES D. AND COLLEEN M. SASSER AND APPROVING AN ORDER FOR THE ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 331 SOUTH ASPAN AVENUE PURSUANT TO CHAPTER 15.08,OF THE AZUSA MUNICIPAL CODE (CASE NO. 90-1235-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 August 27, 1990, a duly noticed public nuisance hearing was held to determine whether or not the property located at 331 South Aspan Avenue constitutes a public nuisance as defined in Section 15.08.010(A,C,D and R) of`the Azusa Municipal Code. The Hearing Officer found the property to be a public nuisance based on the condition of the property. The decision of the Hearing Officer was signed and transmitted to the property owners on August 29, 1990. B. On September 10, 19901 the owners of the subject property filed a timely appeal from the August 29, 1990 decision of the Hearing Officer. C. On October 1, 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. Evidence was also received from the property owners, James D. and Colleen M. Sasser. The Council accepted into evidence the photographs of the 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. SECTION 2,. Having considered all of the oral and written evidence presented to it at the hearing held on October 1, 1990, the City Council of the City of Azusa specifically finds that: A. The subject property consists of a single family home located at 331 South Aspan Avenue, Azusa, and is listed as Assessor's Parcel No. 8615-17-14; B. Eleven disabled/inoperative vehicles are being stored on the property outside of an enclosed garage or permitted parking area; C. The patio structure at the northwest portion of the dwelling unit has been constructed without required Planning and Building Department permits; D. The patio structure on the west wall of the garage was constructed without required permits from the Planning Department and Building Department; E. Electrical service to the structures and electrical wiring within the structures have been installed without required permits; F. There exists on the property an accumulation of wood framing, wood stock, wood debris, metal piping and framing, metal stock, metal debris, plastic piping and plastic piping debris such as to become a harborage for vermin and a fire hazard; G. The landscaping on the property has not been maintained; H. The support post at the southeast corner of the front porch cover is defective; I. The garage on the property has been converted into a storage room and is not capable of storing vehicles; J. The driveway area leading to the garage is not paved; K. The exterior wooden surfaces of the garage are in a deteriorating and dilapidated condition exposing the framing directly to the weather elements; L. The north wall of the garage is missing the required ventilation screen; M. Flammable liquids, hazardous liquids and compressed gas cylinders are being stored on the property and dispensed in an unsafe manner and without proper permits. N. The conditions set forth above violate Sections 15.08.010(A,C,D, and K), 8.51.020, 8.52.080, 19.48.020, 19.48.080, of the Azusa Municipal Code, Section 17920.3 of the California Health and Safety Code, Sections 301 and 3205 of the Uniform Building Code (as adopted by Chapter 15.04 of the Azusa Municipal Code) and Section 301 of the National Electrical Code (as adopted by Chapter 15.04 of the Azusa Municipal Code), SECTION .1. 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 James D. Sasser and Colleen M. Sasser and finds that the subject property is a public nuisance pursuant to Section 15.08.010(A,C,D and K) and Section 17920.3 of the California Health and Safety Code. Accordingly, the City Council of the City of Azusa -2- pmt/RES91046 hereby issues the following order.to abate to James D. Sasser and Colleen M. Sasser, as owners of the subject property, and their successors, heirs and assigns in the subject property. A. All necessary and required permits be obtained from the Building Division and ultimately receive a final inspection and, -approval from the Building Division. B. The following corrections shall be completed - on or before November 15, 1990. a. Install GPI receptacle on exterior wall near the patio pursuant to 1987 National Electrical Code, Article 210-8(4-3). b. All areas around exterior light fixtures must be made water=tight pursuant to Section . 202 of the 1987 National Electrical Code. C. Replace interiok.light fixtures with. exterior light fixtures on the southeast corner of.the addition near the patio.pursuant to'Article 110-3(b) of.the National Electrical Code. d.! Remove all abandoned, electrical conduit and cable conductors with plug attachments pursuant`to Section 202 of.the 1987 National Electrical Code. e. Seal all openings in the exterior wall around rain -tight junction box in the southeast corner of the structure pursuant to Section 202 of the 1987 National Electrical Code. f. Remove all flammable and hazardous liquids and compressed gas cylinders from the property. g. Remove the unpermitted and.defective attached patio 'cover .(carport cover) at the west wall of the garage. h. The electrical service at the garage shall either be approved with a valid permit or be removed. i. Remove.all wood framing,.wood stock and wooden debris from the property and properly stack and/or store -all firewood. J. Remove all. -piping and framing, metal. - stock and metal debris. ti- k. Remove all -plastic piping and plastic debris.- l.- Repair and restore the support post at the southeast corner of..the.front porch cover. pmt/RES91046 M. The established garage shall be restored back to a. garage to house and park two vehicles with a proper attached double door. n. All exterior surfaces of the garage shall be repaired, restored and painted. o. The open exposure to the attic area at the north wall of the residence shall be properly enclosed with the required screening of one-quarter inch non -corrosive screen. p. All motorized vehicles, whether operative or not, motor parts and automotive debris are to be removed from the subject property except for the following vehicles which shall be properly stored in accordance with the Azusa Municipal Code: (1) 1955 Mercury four -door green, California license BFZ687; (2) 1961 Ford two -door blue, California license QPV416; (3) 1965 Toyota Landcruiser, California license PGK346; (4) 1972 Ford stake truck, California license 53386N; and (5) 1978 Ford Ranchero -tan, California license JSASSER. q. The driveway area and garage approach shall be paved in accordance with the requirements of the Azusa Municipal Code. C. A Notice of Substandard Condition and Substandard Lien shall be recorded with the Los Angeles County Recorder's Office concerning the subject property. D. In the event the property owners do not comply with this Order of Abatement, the City of Azusa shall cause abatement as needed and charge all costs to the owners as required pursuant to Chapter 15.08 of the Azusa Municipal Code. Said abatement may include civil suit, criminal prosecution or entry onto the property for physical abatement. SECTION g. The City Clerk shall send a certified copy of this Resolution to James D. Sasser and Colleen M. Sasser, at the address shown on the Notice of Appeal filed by said parties, or as set forth in the testimony or evidence at the hearing on appeal. 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. -4- pmt/RES91046 SECTION 1. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of October ATTEST: DEPUTY' 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 1,;+-hday of nntnhPr I , 19LI&I by the following vote of the Council: AYES: COUNCILMEMBERS MNMMS, STEfdMH, MPMUO -- • .ism,�� i. �. err i• • 7�.� ABSENT: COUNCILMEMBERS pmt/RES91046 -5