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Home My WebLink AboutResolution No. 05-C1000 0 RESOLUTION NO. 05-0100 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, UPHOLDING THE SEPTEMBER 7, 2005 NUISANCE DETERMINATION AND ABATEMENT ORDER OF THE ADMINISTRATIVE HEARING OFFICER FOR PROPERTY LOCATED AT 710 S. AZUSA AVENUE (ASSESSOR PARCEL NO. 8621-024-012) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Findings. The City Council of the City of Azusa hereby finds and determines as follows: A. The property located at 710 S. Azusa Avenue (Assessor Parcel No. 8621-024-012) in the City of Azusa ("Subject Property") is owned by Shamsaddin Karimi, Gloria A. Karimi, Mohsen Karimi and Saedeh Karimia (collectively "Property Owner"). B. On September 7, 2005, a duly noticed hearing was held before an Administrative Hearing Officer at which time all persons wishing to testify were heard, including the Property Owner, and the Administrative Hearing Officer issued a notice declaring that a public nuisance exists on the Subject Property and ordering its abatement within a specified time frame. C. Specifically, the Hearing Officer determined that the Property Owner maintained the Subject Property in violation of the following provisions of the Azusa Municipal Code: 1. Sec. 34-235(c)(1) debris, and dead vegetation; and 2. Sec. 34-235(c)(4). 3. Sec. 34-235(c)(5). due to chipping and peeling paint. Failure to maintain property free of trash, Failure to maintain required landscaping; Building maintained in a state of disrepair D. On September 12, 2005, the Property Owner filed an appeal of the Hearing Officer's determination and Order with the City Clerk of the City of Azusa in accordance with Section 14-418 of the Azusa Municipal Code. A copy of the appeal is attached hereto as Exhibit "A" to this Resolution. ORANGE\MXM\21724.1 I 0 0 E. In accordance with Section 14-418 of the Azusa Municipal Code, the appeal was set for a de novo hearing before the City Council on October 3, 2005. At the Property Owner's request, the hearing was continued to November 7, 2005 at which time the Property Owners/Appellant and other interested persons were provided an opportunity to be heard in connection with the appeal. F. At the conclusion of the hearing, the City Council denied the Appeal and upheld the Hearing Officer's Order subject to certain modifications. SECTION 2. Decision and Order of Abatement. A. The City Council of the City of Azusa hereby finds that the actions taken by the City and the Administrative Hearing Officer were taken in conformity with the provisions of the Azusa Municipal Code. Therefore, the City Council hereby upholds the decision, notice and abatement order of the Administrative Hearing Officer dated September 7, 2005 and orders compliance with such Order with certain modifications. A copy of the revised Order is attached hereto as Exhibit `B" to this Resolution. B. The City Council further finds and determines that the Order of nuisance abatement shall be stayed provided the Property Owner complies with all time frames identified in the Order. SECTION 3. Recordation of Declaration and Failure to Abate Nuisance Conditions. City staff is hereby directed to immediately record a Declaration of Substandard Property against the Subject Property upon a determination made by the City Manager that the Property Owner has not complied with all requirements of the Order. Upon such determination made by the City Manager and pursuant. to Azusa Municipal Code, Sections 14-419(d) and 14-421, the City Council also hereby directs City staff to abate the nuisance conditions as described in Section 1 of this Resolution and to keep an accounting of the abatement costs should the Property Owner/Appellant fail to abate the nuisance conditions within the time frames specified in the Order. SECTION 4. Authorization to Seek Injunction. Further, upon such determination of non-compliance with the Order made by the City Manager, the City Attorney is also authorized and directed to seek an injunction to abate and/or prevent the nuisance conditions. SECTION 5. Notice of Final Decision. The City Clerk is hereby directed to mail a copy of this Resolution and Order to the Property Owner/Appellant and any other person requesting such order within five (5) working days of its adoption. Adoption of this Resolution is the City Council's final administrative action and order as to the matters contained herein. Pursuant California Code of Civil Procedure, Section 1094.6, any action to review the decision shall be commenced no later than the 90th day after the date of adoption of this Resolution. ORANGEVNXMi21724.1 2 adoption. SECTION 6. Effective Date. This Resolution shall become effective upon its PASSED, APPROVED AND ADOPTED this 21 st day of November, 2005. Diane Chagnon U Mayor ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: City A torney 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 21" day of November, 2005, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, HANKS, ROCHA, CHAGNON NOES: COUNCILMEMBERE: NONE ABSENT: COUNCILMEMBERS: CARRILLO r Vera Mendoza, City Clerk oRANGEVNXM\21724.1 3 OWNER(S ADDRESS 0 E PUBLIC NUISANCE I CONFIRMED COSTS APPEAL PRONE NUMBERC� L/�fl q o (FIOME) (WORK) CITY CASE NUMBER 6) S '— f ') // II /Vi t— ASSESSOR=S NUMBER 96)3-0 i�/ tI �, ,f /} PROPERTY DECLARED A NUISANCE 7IU ._�1{Zy e )_U GROUNDS FOR APPEAL: (Nate: Specific rtnavef.,.,,A..d mpiesofaaysappdi.,.Ade... I. repaired). 1 6�•� ,� t HCl vi J r-) v► 1-,4L( oar (a_czl 1 C'or ro1)42 j, A CIA SIG AT RE EXHIBIT A ORANGE\MXM(21724.1 4 0 0 Exhibit B ORDER OF ABATEMENT That the property at 710 S. Azusa Avenue is declared a Public Nuisance as defined in Section(s) 14- 412 (3) (4) & (6) Azusa Municipal Code, due to accumulations of trash, weeds, and debris, maintaining a property materially detrimental to adjacent and nearby properties and improvements, and failure to maintain property improvements required under Conditional Use Permit C-385 dated October 9, 1985, and that the following order of abatement is herein adopted: 1. That all trash, debris, and weeds be removed from the property within five (5) days of adoption of a Resolution denying the appeal. 2. That the building and metal roof covering be cleaned of all peeling, faded, or chipped paint and repainted in a workmanlike manner, and to the satisfaction of the Planning Division, utilizing the existing color scheme of the building within ninety (90) days of adoption of a Resolution denying the appeal. 3. That all asphalt paving be repaired or replaced, and all required marked parking spaces defined in Conditional Use Permit C-385 dated October 9, 1985, be completed within ninety (90) days of adoption of a Resolution denying the appeal. 4. That the property owner(s) repair all landscaping and irrigation in those planter areas defined in Conditional Use Permit C-385 dated October 9, 1985. Applicant shall submit a Landscape and Irrigation Plan to repair these areas within ninety (90) days of adoption of a Resolution denying the appeal, and shall complete all landscaping and irrigation repairs within forty-five (45) days thereafter. 5. The property owner shall maintain the property and parkways surrounding the property free of all trash, debris, weeds, and graffiti on a daily basis. 6. That all unapproved chain-link fencing be removed from the property within forty-five (45) days of the adoption of a Resolution denying the appeal. 7. That a "Notice of Substandard Property" be immediately recorded with the Los Angeles County Recorder's Office. Said "Notice of Substandard Property" shall remain recorded against the property until all orders of abatement are completed. 8. That should the property owner(s) fail to comply with any order of abatement, or time frame contained therein adopted by Resolution of the City Council, the City Attorney shall be authorized to seek a temporary and permanent civil injunction and/or abatement warrant in Superior Court against the property owner(s) to stop and/or abate the maintenance of a public nuisance. 9. That any and all costs incurred by the City of Azusa to date, or subsequent to the appeal hearing, including all staff time, all legal fees and associated costs, and other costs be charged to the property owner(s) of record pursuant to provisions set forth in Section 14-421 Azusa Municipal Code. Said costs shall also include all costs to prepare the Resolution denying the appeal. ORANGEVMXM\21724.1 0 0 10. That the property owner(s) be notified of their right to Judicial Review under provisions of Section 1094.6 California Code of Civil Procedure as required in Section 14-420 Azusa Municipal Code. 11. The Property Owner shall submit a completed Design Review application complying with the City of Azusa Development Code and a schedule of performance within ninety (90) days of adoption of a Resolution denying the appeal. 12. Should the Owner fail to comply with the schedule of performance described in "Section 11" supra, the Order of abatement shall be effective. ORANGE\MXM121724.1 6