HomeMy WebLinkAboutResolution No. 92-C038n
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RESOLUTION NO. 92-C38
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA DENYING AN APPEAL OF A
DECLARATION OF PUBLIC NUISANCE AND ORDER TO
ABATE REGARDING PROPERTY LOCATED AT 626 W.
BAYLESS STREET
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 as follows:
A. On February 4, 1992, a Public Nuisance Hearing,
duly noticed, was held concerning the property at 626 W. Bayless
Street. Eusebio Soria, the Property Owner was in attendance at
the hearing;
B. After reviewing photographs of the Property and
listening to sworn testimony of the Community Improvement
Inspector and reviewing the comments and statements expressed by
those present for the hearing, including the Property Owner, and
having reviewed the appropriate documents and codes, the Hearing
Officer declared the Property to be a public nuisance and issued
an order to abate a true and correct copy which is attached
hereto as Exhibit A and incorporated herein by this reference;
C. Thereafter, the Property Owner filed a timely
appeal to the City Council;
D. On March 16, 1992, after proper notice being duly
given, a hearing on the appeal was held before the City Council
of the City of Azusa concerning the Declaration of Public
Nuisance and Order to Abate issued by the Hearing Officer after
the February 4, 1992 hearing;
E. The Property Owners admit that they converted the
garage into a living area without any required permits or
approvals. The applicants requested that the City Council
legalize the unpermitted living area and claimed that to do so
would not infringe upon the rights of their neighbors;
F. Evidence was presented which indicated that
numerous neighbors of the appealing Property Owner had complained
about cars being parked in the front yard by residents of 626 W.
Bayless Street and that the resulting conditions reduce their
property values. The Property Owner of 626 W. Bayless Street
admitted that the residents of that property owned at least 6
separate vehicles and that because the garage was being used as
living space it was unavailable to provide parking.
SECTION 2. Based on the foregoing, the City Council of
the City of Azusa hereby upholds the finding of the Hearing
Officer at the February 4, 1992 Nuisance Hearing and sustains the
Order issued thereby, a copy of which is attached hereto as
Exhibit A and denies the appeal of the Property Owners of 626 W.
Bayless Street. In sustaining the findings of the Hearing
Officer based upon the February 4, 1992 hearing, the City Council
reiterates the findings of fact from that hearing and adopts the
Declaration by the Hearing Officer that the property at 626 W.
Bayless Street constitutes a public nuisance. The Hearing
Officer's abatement order shall go into effect immediately and
should the Property Owner fail to comply with the Order as
originally written or its stated time frames, the City of Azusa
may pursue legal remedies to cause compliance including criminal
prosecution, civil remedies, and abatement.
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SECTION 3. The City Clerk shall certify to the
adoption of this Resolution.
PASSED, ADOPTED AND APPROVED THIS 6th DAY OF April
1992.
MAYOR
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council of the City of Azusa at a meeting
thereof held on the 6th day of April 1992 by the
following vote of the Council:
AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER,
MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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