HomeMy WebLinkAboutResolution No. 96-C30FOLLOWS:
declare that:
0 0
RESOLUTION NO. 96—C30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
J.A.R. AZUSA ASSOCIATES, LTD. AND APPROVING AN
ORDER FOR ABATEMENT OF A PUBLIC NUISANCE FOR
PROPERTY LOCATED AT 330 N. FENIMORE
AVENUE(ASSESSOR NO. 8624-021-016) PURSUANT TO
SECTION 14-418 OF THE AZUSA MUNICIPAL CODE (CASE
NO. 95 -C -960-M)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS
SECTION 1. The City Council of the City of Azusa does hereby find, determine and
A. On October 3, 1995, a duly noticed hearing was held to determine whether
or not the property located at 330 N. Fenimore Avenue (also known as 305-335
and 330 North Fenimore Avenue)(hereinafter "Subject Property") constitutes a
public nuisance as defined in Section 14-412 of the Azusa Municipal Code. The
Hearing Officer found the property to be a public nuisance because of:
1. Dilapidated and substandard buildings.
Failure to maintain and irrigate landscaping.
Accumulations of trash, debris, and cast off materials.
The owner of the subject property, J.A.R. Azusa Associates, Ltd., filed a timely
appeal from the October 2, 1995 decision of the Hearing Officer.
B. On November 6, 1995, a duly noticed 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 on the appeal of J.A.R. Azusa Associates, Ltd.. Evidence
was received from the City through its Community Development Director, Roy E.
Bruckner, and from Ms. Pauline Belcher, Property Manager, J. Allen Radford
Company, 528 Arizona Avenue, Suite 210, Santa Monica, California. The staff
report and files of the City Community Improvement Division, and documents
from the Appellant relating to the subject property were received into evidence.
SECTION 2. Having considered all of the oral and written evidence presented to
it at the hearing held on November 6, 1995, the City Council specifically finds that:
A. The property is in a dilapidated and substandard condition and detrimental
to nearby properties and improvements.
B. The condition set forth in subparagraph "A" is a violation of Section 14-
412 (1) & (4) of the Azusa Municipal Code.
SECTION 3. Based upon the findings set forth in Sections I and 2 of this
resolution, the City Council of the City of Azusa does hereby deny the appeal of J.A.R. Azusa
Associates, Ltd. and finds that the Subject Property is a public nuisance pursuant to Section 14-
412 (1) & (4) of the Azusa Municipal Code. Accordingly, the J.A.R. Azusa Associates, Ltd. as
the owner of the Subject Property shall:
A. Obtain building permits to rehabilitate or demolish all buildings on the
Property within 45 days and complete all work within 120 days of the November
6, 1995, Hearing.
PAGE 1 OF 2
0 0
CITY COUNCIL RESOLUTION NO. 96-C30
PAGE 2 OF 2
B. All repairs ordered pursuant to this Resolution shall be completed in
accordance with all applicable building codes and shall be completed in a good
and workmanlike manner as determined by the Community Development
Director.
C. Should the property owner fail to comply with the Order to Abate or its
stated time frames, the City of Azusa shall seek a court order to enforce the Order
of Abatement herein.
D. Any and all costs incurred by the City in this proceeding shall be charged
to the property owner pursuant to Section 14-421 of the Azusa Municipal Code.
E. The work required to be completed by subparagraph "A" of this section
shall be completed on or before March 6, 1996.
SECTION 4. The City Clerk shall send a certified copy of this Resolution to the
appellant at the address shown in the Notice of Appeal, or as set forth in the testimony or
evidence at the hearing thereon. Such mailing shall constitute notice to each said party in
accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 14-
420 and that 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.
1996.
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this4th day of March
MAYOR
A11C,J 1:
CIT LERK
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 4th day of March
19 96 by the following vote of the Council:
AYES: COUNCILMEMBERS HARDISON, MADRID, NARANJO, BEEBE
ALEXANDER
NOES: COUNCILMEMBERS
(c1wordpro\ccres\radford.res)
NONE
NONE
PAGE 2 OF 2