HomeMy WebLinkAboutResolution No. 91-C157E
RESOLUTION NO. 91-C157
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING THE APPEAL OF
ALFRED CHAVEZ AND APPROVING AN ORDER FOR
IMPOSITION OF COSTS TO ABATE THE PUBLIC
NUISANCE AT 614-618 NORTH ORANGE AVENUE
PURSUANT TO CHAPTER 15.08 OF THE AZUSA
MUNICIPAL CODE (CASE NO. 91 -838 -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 June 18, 1991, a duly noticed public
nuisance hearing was held to determine whether or
not the property at 614-618 North Orange Avenue
("property") constituted a public nuisance defined
at 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.
B. At the June 18, 1991 hearing, the Hearing
Officer issued an Order of Abatement which, among
other things, charged the property owner with any
and all costs incurred by the City in connection
with the nuisance abatement action pursuant to
Section 15.08.100 of the Azusa Municipal Code. The
decision of the Hearing Officer was signed and
transmitted to the property owner, Mr. Alfred
Chavez, on or about June 18, 1991. Having no
timely appeal by the property owner of the
decision, the Order of Abatement was final on June
28, 1991 and cannot be challenged.
C. On September 10, 1991, a duly noticed public
hearing was held to confirm the City of Azusa's
costs for the public nuisance abatement action at
the property pursuant to Section 15.08.100 of the
Azusa Municipal Code. The Hearing Officer
confirmed costs in the amount of $3,089.83 and
ordered a lien to be recorded with the Los Angeles
County Recorder's office and the Los Angeles Tax
Collector. The decision of the Hearing Officer was
signed and transmitted to the property owner on or
about September 10, 1991.
D. On September 16, 1991, the owner of the
property filed a timely appeal from the September
10, 1991 decision confirming abatement costs.
E. On October 7, 1991, a duly noticed public
hearing was held before the City Council on the
appeal by the property owner of the costs of
abatement imposed pursuant to the September 10,
1991 decision by the Hearing Officer. Evidence was
received from the City through its Community
Development Director, Roy E. Bruckner. The public
and the property owner 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 the oral and written
evidence presented to it at the October 7, 1991 hearing, the
City Council of the City of Azusa specifically finds that:
A. The property owner has failed to conform with
the Order to Abate necessitating the City of Azusa
to abate the public nuisance identified therein;
B. The City of Azusa has incurred a cost of
$3,089.83 in its efforts to abate the public
nuisance located on the subject property;
C. Said cost was reasonably incurred and reflects
the labor and equipment used by a five -men crew to
perform the nuisance abatement work over a two-day
period as well as reasonable costs for City
personnel to prepare and obtain an abatement
warrant and perform required inspections. These
costs do not include the costs to the City of the
appeal hearing before the City Council.
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 Alfred Chavez and,
pursuant to Section 15.08.120 of the Azusa Municipal Code,
imposes a lien on the property to be recorded in the amount
of $3,089.83 with the Los Angeles County Recorder's Office
and the Los Angeles County Tax Collector.
SECTION 4. The City Clerk shall send a certified copy of
this Resolution to Alfred Chavez, at the address shown on
the Notice of Appeal filed by him, or as set forth in his
testimony at the hearing on appeal. Such mailing shall
constitute a notice to the property owner 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 plot day of
Osteber , 1991.
ATTES
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pca/RES492745 (10/15/91)
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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 21stday of
October , 1991, by the following vote of the
Council:
AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
CITY CLE K
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pca/RES492745 (10/15/91)