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HomeMy WebLinkAboutResolution No. 96-C1530 RESOLUTION NO. 96-C153 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF GREGORIO & VIRGINIA RIOS AND CONFIRMING COST TO DATE FOR ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 406 N. ALAMEDA AVENUE (ASSESSOR NO. 8611- 013-024) PURSUANT TO SECTION 14-421 OF THE AZUSA MUNICIPAL CODE (CASE NO. 95 -R -266-C) 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 July 25, 1996, a duly noticed hearing was held to confirm costs expended to date toward public nuisance abatement work performed by city staff for the property located at 406 N. Alameda Avenue (hereinafter "Subject Property"). Said hearing was held in conformance with Section 14-421 Azusa Municipal Code at which the property owners did not appear. The Hearing Officer reviewed and confirmed costs expended by the city to date in the amount of $591.48 and ordered that a lien be recorded with the Los Angeles County Recorder's Office if not paid within 21 days or by August 20, 1996. The owners of the subject property, Gregorio & Virginia Rios, filed a timely appeal from the July 25, 1996, decision of the Hearing Officer. B. On August 19, 1996, 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 Gregorio & Virginia Rios. Evidence was received from the City through its Community Development Director, Roy E. Bruckner, and from Mr. Albert Perez, Esq. 917 S. Village Oak Drive (Second Floor), Covina, Ca. 91724, Attorney for Gregorio & Virginia Rios, 170 N. Fenimore Avenue, Azusa, Ca. 91702. The staff report and files of the City Community Improvement Division, and appeals document from the Appellant relating to the subject property were received into evidence. Subsequent to opening the hearing, Mr. Perez, requested additional documentation of costs. Based on this request for additional information, and with the concurrence of the appellant, the hearing was continued to September 16, 1996, and staff was directed to furnish additional information as requested by the appellant. C. On September 16, 1996, the continued hearing was held before the City Council of the City of Azusa. Evidence was received from the City through its Community Improvement Manager, David E. Rudisel, and from Mr. Albert Perez, Esq. 917 S. Village Oak Drive (Second Floor), Covina, Ca. 91724, Attorney for Gregorio & Virginia Rios, 170 N. Fenimore Avenue, Azusa, Ca. 91702. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on August 19, 1996 and on September 16, 1996, 1996, the City Council specifically finds that: A. The cost to date incurred by the City of Azusa to abate the public nuisance at 406 N. Alameda Avenue are justified and appropriate as confirmed by the City Hearing Officer in the amount of $591.48 and are in conformance with Section 14-421 Azusa Municipal Code. 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 hereby deny the appeal of Gregorio & Virginia Rios and finds that the costs incurred to date by the City of Azusa are confirmed in the amount of $591.48 pursuant to Section 14- 422 of the Azusa Municipal Code. Accordingly, Gregorio & Virginia Rios, as the owners of the Subject Property shall: A. Remit payment in the amount of $591.48, to the City of Azusa, Community Development Department, 213 E. Foothill Blvd., Azusa, 0 • California, 91702, within 21 days or by October 7, 1996. B. That in the event the property owners fail to remit payment in full on or before October 28, 1996, a lien shall be recorded with the Los Angeles County Recorder's Office pursuant to Section 14-423 Azusa Municipal Code. 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. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of October 1996. YOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a 7th day of October 1996, by the following vote of the Council: AYES: COUNCILMEMBERS HARDISON, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS MADRID ABSENT: COUNCILMEMBERS NO?