HomeMy WebLinkAboutResolution No. 91-C132RESOLUTION NO. 91-0132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE APPEAL OF DELBERT AND
CATHERINE WEST, APPROVING AN ORDER FOR THE
ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY
LOCATED AT 300 NORTH ALAMEDA AVENUE, AND
ORDERING COMPLIANCE WITH THE REQUIREMENTS OF
CONDITIONAL USE PERMIT C-418 (CASE NO.
91-791-B)
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 July 9, 1991, a duly noticed public
nuisance hearing was held to determine whether or
not the property at 300 North Alameda 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 property becoming a
fully amortized non -conforming commercial use
within a residential zone and the failure to comply
with the requirements of conditional use permit C-
418. The decision of the Hearing Officer was
signed and transmitted to Delbert and Catherine
West, the Property Owners ("Owners") on or about
July 11, 1991.
B. On July 22, 1991, the Owners of the Property
filed a timely appeal from the July 9, 1991
decision of the Hearing Officer.
C. On August 19, 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 City Administrator, George Caswell. Evidence
was also received from the property owners and the
public. The Council accepted into evidence oral
and written testimony, staff reports, and other
City and owner documents relating to the appeal and
to the Property.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the hearing held on
August 19, 1991, the City Council of the City of Azusa
specifically finds that:
A. The subject property consists of a fully
amortized non -conforming commercial building in a
residential zone located at 300 North Alameda
Avenue and is listed as Assessorfs Parcel No. 8611-
020-025;
B. The condition set forth above violates Section
15.08.01, Chapter 19.60, and Title 9, generally, of
the Azusa Municipal Code.
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C. Conditional Use Permit C-418 was granted to
Owners in order for them to operate a specialized
auto parts store. Provisions in the conditional
use permit required an approved design review
which, in turn, required improvement to the
building's physical appearance;
D. In response to the Hearing Officer's July 9,
1991 Order of Abatement based on the Owner's
failure to comply with conditional use permit C-
418, the Owners have obtained the required building
permits and have started making the required
improvements to the Property;
SECTION 3. Based upon the findings set forth in
Sections 1 and 2 of the this resolution, the City Council of
the City of Azusa does hereby deny the appeal of Delbert and
Catherine West 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
Delbert and Catherine West, as owners of the subject
property, and their successors, heirs, and assigns thereto.
A. The requirements of conditional use permit
C-418 shall be completed on or before February 19,
1992. Such requirements are attached hereto as
Exhibit "A" and made a part hereof.
B. Should the owners fail to comply with the
Order of Abatement, a "Notice of Substandard
Condition and Substantial Lien" shall be recorded
with the Los Angeles County Recorder's Office
concerning this property.
C. In the event the property owners do no comply
with the 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 on the property for physical abatement.
SECTION A. The City Clerk shall send a certified
copy of this resolution to Delbert and Catherine West, at
the address shown on the Notice of Appeal filed by said
parties, or as set forth in a testimony or evidence 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 90th day following the adoption
of this resolution.
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SECTION 5. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of
September , 1991.
N
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
September , 1991, by the following vote of the
Council:
AYES: COUNCILNENBERS DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES
NOES: COUNCILNENBERS NONE
ABSENT: COUNCILmmeERS NONE
ABSTAIN: COUNCILNENBERS NONE
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