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HomeMy WebLinkAboutResolution No. 91-C1229 • RESOLUTION NO. 91-C122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA.DENYING THE PUBLIC NUISANCE APPEAL OF SYLVIA WHYTE/ROSA S. HAEFELE AND APPROVING AN ORDER FOR THE ABATEMENT OF A PUBLIC NUISANCE OF PROPERTY LOCATED AT 524-526 NORTH VIRGINIA AVENUE PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 91 -958 -AC) 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 524-526 North Virginia Avenue ("Property") constituted 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 because the condition of the property violated certain provisions of the aforementioned section of the Azusa Municipal Code. The decision of the Hearing Officer was signed and transmitted to Sylvia Whyte/Rosa S. Haefele, the property owners ("Owners") on or about July 9, 1991. B. On July 15, 1991, the Owners of the Property filed a timely appeal from the July 9, 1991 decision of the Hearing Officer. C. On August 5, 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 Development Director, Roy E. Bruckner. The public and the property owners were given the opportunity to present oral and written evidence. The Council considered this evidence along with staff reports 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 August 5, 1991, the City Council of the City of Azusa specifically finds that: A. The subject property consists of a duplex residence located at 524-526 North Virginia Avenue in the City of Azusa and is listed as Assessor's Parcel No. 8616-9-29; B. The barren front yard of said Property is in such condition of deterioration and disrepair that it is materially detrimental to adjacent and nearby properties and improvements; • C. The trash containers on the Property are exposed to the public view in an unsightly and unsanitary manner; D. The Property does not contain, or contains damaged, window insect screens; E. The kitchen sink area is in an unsanitary condition because of missing and/or damaged tiles surrounding the sink; F. The property owners' rental registration required under Sections 15.08.010(m) and 15.40.020 of the Azusa Municipal has expired; G. The conditions set forth above violate Sections 15.08.010, 8.51.020(D) and (I), and 19.48.090 of the Azusa Municipal Code and Section 17.920.3(a)13 and (c) of the California Health and Safety Code and Section 1941.1 of the California Civil Code; H. The investigation and processing as a public nuisance of this property is connsistent with similar public nuisance investigations and proceedings related to properties in the same area as the subject property, to wit: 512-514 North Virginia Avenue, 501-503 North Barbara Avenue, 544- 546 North Virginia Avenue and 516-518 North Virginia Avenue. SECTION 3. Based on 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 Sylvia Whyte/Rosa S. Haefele 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 Sylvia Whyte/Rosa S. Haefele, as owner of the subject property, and her successors, heirs and assigns. A. The rental registration shall be brought current by paying all attendant fees, including all late renewal penalties computed from July 18, 1990 at 10% per month or proof of such payments by August 15, 1991. B. All repairs, corrections or other work listed below shall be completed by September 5, 1991: (1) That all opening windows have tight fitting window screens installed. (2) That all trash containers be stored out of public view at all times except when put at the curb side for collection. (3) That all missing/damaged tiles around the kitchen sink be replaced so that no unsanitary conditions remain. -2- pca/RES829159 C. On or before February 5, 1992, the barren front yard area be relandscaped, a fence erected and an automatic irrigation system be installed in order to promote healthy plant growth or the area be paved and used for tenant vehicle parking so long as the paving does not exceed 35% of the front yard area. D. That all of the above repairs, corrections or other work be accomplished in a "workmanlike manner". E. A Notice of Substandard Condition and Substandard Lien shall be recorded with the Los Angeles County Recorder's Office concerning this property. F. If, by February 5, 1992, the Property is not in compliance with the above Order to Abate, then the City may notify the property owner of its intent to notify the State Franchise Tax Board of such noncompliance, which may have the effect of disallowing interest, taxes, depreciation, or amortization deductions for the taxable year in which the noncompliance persists. G. In the event the property owners do not comply with this Order to Abate, the City of Azusa shall cause abatement as needed and charge all costs to the Owners pursuant to Section 15.08.100 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 Sylvia Whyte/Rosa S. Haefele, at the address shown on the Notice of Appeal filed by said parties, or as set forth in testimony or evidence at the hearing on appeal. Such mailing such constitute notice to each party in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 15.08.050 and 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 19th day of August , 1991. ATTEST: -3- pca/RES829159 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 19th day of August , 1991, by the following vote of the Council: AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS -4- pca/RES829159