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HomeMy WebLinkAboutResolution No. 91-C0580 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF ALBERT AND ANA VILLASENOR AND APPROVING AN ORDER FOR THE ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 113 NORTH CERRITOS AVENUE PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 91-425-M) 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 23, 1991, a duly noticed public nuisance hearing was held to determine whether or not the property at 113 North Cerritos Avenue ("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 based on the condition of the property violating certain provisions of the Azusa Municipal Code. The decision of the Hearing Officer was signed and transmitted to Albert and Ana Villasenor, the property owners ("Owners") on April 23 1991. B. On May 2, 1991, the Owners of the Property filed a timely appeal from the April 23, 1991 decision of the Hearing officer. C. On May 20, 1991, 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. Evidence was received from the City through its Community Improvement Manager, David Rudisel. Evidence was also received from the property owners and the public. The Council accepted into evidence their testimony along with photographs of the property, staff reports, files of the Community Improvement Division Planning Department and other City documents relating to the Property. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on May 20, 1991, the City Council of the City of Azusa specifically finds that: A. The subject property consists of a single family home located at 113 North Cerritos Avenue in the City of Azusa and is listed as Assessors Parcel No. 8612-18-3; B. The garage on the Property has been converted into an additional rental unit. This conversion was performed without required planning and building permits. The garage conversion entailed the placement of a sewer line and the construction of a bathroom within the garage; C. Debris is strewn about the front porch, patio area and the area behind the garage; such debris includes without limitation a couch, refrigerator and empty cans; D. Exposed electrical wires and conductors exist in the patio area; E. The property is severely overcrowded with persons unrelated to each other contrary to the provisions of the Azusa Municipal Code (two separate reports counted 11 people and 17 people, respectively, residing within the property); F. There is a rooster on the Property contrary to the provisions of the Azusa Municipal Code; G. The conditions set forth below violate Sections 15.08.010 (A,C,D,H,K,N), 8.51.020(A) of the Azusa Municipal Code, Section 17.920.3 of the California Health and Safety Code and various provisions of the National Electric Code (as adopted by Chapter 15.04 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 Albert and Ana Villasenor and finds that the subject property is a public nuisance pursuant to Section 15.08.010 of the Azusa Municipal Code and Section 17.920.3 of the California Health and Safety Code. Accordingly, the City Council of the City of Azusa hereby issues the following Order to Abate to Albert and Ana Villasenor, as owners of the subject property, and their successors, heirs and assigns thereto. 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 July 3, 1991: (a) That all debris be removed from the front porch, patio area and from behind the garage. (b) That the unlawful rooster be removed from the Property. (c) That all exposed conductors in the patio area be corrected in accordance with the National Electric Code. (d) That the garage be reconverted to its originally intended purpose (i.e., a two -car garage with the bathroom removed and the sewer permanently capped) subject to the obtaining of a building permit for this reconversion. -2- pca/RES516678 0 • (e) That the overcrowded condition of the Property be addressed by the Owner. C. A Notice of Substandard Condition and Substandard Lien shall be recorded with the Los Angeles County Recorder's Office concerning this 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 and entry onto the property for physical abatement. SECTION A. The City Clerk shall send a certified copy of this Resolution to Albert and Ana Villasenor, 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. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of ,Tune , 1991. ATTEST: l CITY L -3- pca/RES516678 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 3rd day of .Tena , 1991, by the following vote of the Council: AYES: COUNCILMEMBERS DANGLEIS, NARANJO, ALEXANDER, MOSES NOES: COUNCILME14BERS NONE ABSENT: COUNCILMEMBERS STEMRICH ABSTAIN: COUNCILMEMBERS NONE -4- pca/RES516678