HomeMy WebLinkAboutResolution No. 92-C122L
RESOLUTION NO. 92-C122
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA DENYING A PUBLIC NUISANCE
ABATEMENT OF COST APPEAL REGARDING PROPERTY LOCATED AT
452 SOUTH JACKSON AVENUE
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 January 13, 1992, a notice of violation was issued
concerning vehicles stored in the yard and driveway of 452 South
Jackson Avenue. The abatement was only partially completed by the
deadline set by the notice.
B. On March 12, 1992, the Appellant attended a District
Attorney hearing. Appellant became angry during that meeting and
left midway through the proceedings.
C. On April 27, 1992, staff inspected the property from
the street and determined that the remaining abatement had been
completed.
D. The City incurred a cost of $216.75 during these
abatement proceedings. A duly noticed cost recovery hearing was
held on July 28, 1992 before a City hearing officer. Louis Ruiz
attended this hearing. After evidence duly presented from each
side the hearing officer affirmed the cost as submitted by staff.
E. A timely
concerning the decision appeal pthe h aringlofficed er.he The appeal was
based on the contention of the property owner that he should not
owe the City money as he already pays taxes,and that the vehicles
stored on the property had been there for 10 years.
SECTION 2. Based on the foregoing, the City Council of
the City of Azusa hereby upholds the finding of the hearing officer
at the July 28, 1992 hearing assessing abatement cost. In
sustaining the,findings of the hearing officer based on the July
28, 1992 hearing, the City Council reiterates the findings of fact
from that hearing and adopts the declaration of the hearing officer
that the costs accrued during the abatement proceeding should be
the responsibility of the property owner due to his lack of
cooperation and in particular to the overt hostility which the
property owner exhibited throughout the abatement proceedings thus
requiring the expenditure of time and effort on the part of the
City to accomplish the abatement. The hearing officer's order
assessing costs shall go into effect immediately and should the
property owner fail to comply by paying the assessed cost in a
timely fashion, the City of Azusa may seek legal remedies as
appropriate.
SECTION 3. The City Clerk shall certify to the adoption
of this Resolution.
ADOPTED AND APPROVED THIS 8th DAY OF SEPTEMBER 1992.
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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 8th day of September, 1992.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
DANGLEIS, MADRID, NARANJO, ALEXANDER,
MOSES
NONE
ABSENT: COUNCILMEMBERS: NONE