HomeMy WebLinkAboutResolution No. 95-C970 •
RESOLUTION N0. 95-C97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA GRANTING A PORTION OF THE APPEAL AND
DENYING A PORTION OF THE APPEAL OF GREGORIO
AND VIRGINIA RIOS, OVERTURNING THE COSTS
ASSOCIATED WITH THE POLICE DEPARTMENT'S
RESPONSE TO ABATE THE PUBLIC NUISANCE AND
APPROVING THE SUBCONTRACTOR'S FEES FOR
HANDLING AND REMOVING THE HAZARDOUS
MATERIALS AND WASTE FOR THE PROPERTY LOCATED
AT 406 N. ALAMEDA AVENUE UNDER SECTION 14,
ARTICLE XIV OF THE AZUSA MUNICIPAL CODE (CASE
NO. 95-1165)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEARBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa does hearby find,
determine and declare that:
A. On June 21, 1995, a duly noticed hearing to confirm costs for
public nuisance abatement actions was held, pursuant to the provisions set
forth in Chapter 14, Article XIV of the Azusa municipal Code, to
determine whether or not the itemized costs were appropriate and fair.
The Hearing Officer confirmed the costs as presented by the Azusa Police
Department. On or about June 21, 1995, the decision of the Hearing
Officer was signed and transmitted to Gregorio and Virginia Rios, the
property owners.
B. On June 28, 1995, the owners of the property filed a timely appeal
from the June 21, 1995 decision of the Hearing Officer.
C. On July 17, 1995, a duly noticed public nuisance appeal hearing
was held before the City Council of the City of Azusa pursuant to the
provisions of Section 14-418 of the Azusa Municipal Code. Evidence was
received from the City through its Emergency Services Coordinator, John
J. Paine, and the public and 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 July 17, 1995, the City Council of the City of
Azusa specifically finds that
A. The subject property consists of a residential dwelling which
includes a separate, but attached rear `outbuilding' located at 406 N.
Alameda Avenue.
B On February 18, 1995, the Azusa Police Department received
information from a confidential informant that the occupants of 406 N.
Alameda Avenue were engaged in manufacturing methamphetamine inside
the residence
0 r
C. Early. in the morning of February 19, 1995, Police Detectives from
Azusa, Glendora, LaVerne and Baldwin Park went to 406 N. Alameda
Avenue to investigate. Once at 406 N. Alameda Avenue, and during their
consensual search , Police Detectives found materials and hazardous
chemicals which are associated with the manufacturing of
methamphetamine in both the residential dwelling and the rear
"outbuilding."
D. The Azusa Police Detectives contacted the City's Emergency
Services Coordinator, John J. Paine to coordinate the emergency
abatement of the public nuisance.
E. United Pumping Service, a state licensed hazardous materials
handling and disposal company, was contacted and requested to handle and
dispose of hazardous materials and waste from the clandestine laboratory.
F. United Pumping Service billed the City of Azusa for the services
they performed and the associated disposal fees for the amount of
$1,106.89.
G. In addition to the costs associated for handling and disposal of the
hazardous materials and waste, the City of Azusa incurred costs associated
with their response and follow up to the public nuisance, which was
$1,067.00.
H. Under the Police Department's cost recovery program and pursuant
to the provisions set forth in California Government Code Section 38771
et. seq and Section 14, Article XIV of the Azusa Municipal Code, the
property owners were sent an itemized invoice in the amount of $2,173.89,
requesting payment to the Azusa Police Department for the cost associated
with the emergency abatement of the public nuisance.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Azusa does:
A. Hearby grant the appeal of Gregorio and Virginia Rios and
overturns the request for payment for the costs associated with the Azusa
Police Departments response actions taken to abate the public nuisance,
which amounts to $1.067.00
B. Hearby deny the appeal of Gregorio and Virginia Rios and
determines that the costs billed to the City of Azusa by the subcontractor,
United Pumping Service, which amounts to $1,106.89, to be paid by
appellant to the City of Azusa.
C Request that a lien be recorded with the county recorder's office for
the property located at 406 N Alameda Avenue in the amount of
$1,106.89.
SECTION 4. The City Clerk shall send a certified copy of this resolution
to Gregorio and Virginia Rios, at the address shown on the Notice of
Appeal filed by said parties Such mailing shall constitute notice to each
party in accordance with Code of Civil Procedure, Section 1094 6, and
Azusa Municipal Code Section 14-420, Article XIV, 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.
1.
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PASSED, APPROVED AND ADOPTED THIS 8th DAY OF
AUGUST, 1995.
Mayor
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 7th day of August, 1995 by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
HARDISON, MADRID, BEEBE,
ALEXANDER
NONE
ABSENT: COUNCILMEMBERS: NARANJO