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HomeMy Public PortalAbout89-081 (05-02-89)RESOLUTION NO. 89 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER A VIOLATION IS BEING MAINTAINED ON CERTAIN REAL PROPERTY GENERALLY KNOWN AS 102291 LANG BEACH BLVD. WHICH WILL REQUIRE A REVOCATION OF THE CITY BUSINESS LICENSE #6669. WHEREAS, the City Manager of the City of Lynwood has recommended that this City Council find that certain premises within the City of Lynwood may be maintained and the existing business operated in such away as to require a revocation of the City Business License. WHEREAS, certain procedures are set forth in Chapter 17 -113 of the City Council of the City of Lynwood, pursuant to which the violations may be abated; WHEREAS, the conditions on said property which may constitute a nuisance are: 1. In the past 60 days there have been ten (10) arrests at the location possession of a controlled substance (cocaine). 2. On February 12, 1989, one victim was rushed to the hospital due to an "assault with a deadly weapon" at the subject site. 3. The owner of the business is selling alcoholic beverages without having first obtained the required license as set forth in the LYNWOOD MUNICIPAL CODE Chapter 17 -30 and 17 -71 required license from the Alcoholic Beverage Control Unit of the State of California. 4. Eleven of the arrests have been made after 2:00 p.m., while the place of business was still open, which is in violation of LYNWOOD MUNICIPAL CODE section 17 -124 which states that game clubs are "to be closed between the hours of 2:00 A.M. and 12:00 Noon...." S. Pursuant to the LYNWOOD MUNICIPAL CODE section 17 -219 "NO person shall enter, remain, or be on the premises of any card or game club while any alcoholic beverage is sold, consumed, served, or given away thereon." on March 31, 1989 the Sheriff department, while conducting a search at the subject site, found ninety six (96) pre -mixed drinks in soda can containers used for the consumption of the customers. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lynwood does hereby resolve as follows: Section 1. Based upon the aforesaid recommendation of the City Manager, this Council hereby finds and determines that the following described property may be presently be maintained and the existing business operated in such a manner as to constitute a nuisance. Such property is described at Lot 5 of Tract 7046 Page 10 generally known as 102291 Long Beach Blvd., City Of Lynwood. include: Section 2. The method(s) by which said conditions could be abated Revocation of license #6669 issued to Rodolfo Noriega for the Play Pool Cafe at 102291 Long Beach Blvd. BE IT FURTHER RESOLVED THAT THIS CITY COUNCIL therefore declares its ' intention to conduct a public hearing, pursuant to Chapter 17 of the City Code of Lynwood to ascertain whether the above described conditions constitute a public nuisance, the abatement of which is appropriate under Public Power of the City of Lynwood, and, _ V THE CITY COUNCIL hereby fixes the hours of 7:30 p.m. or as soon thereafter as the matter may be heard, May 16, 1989; as the time, and the City Council Chambers, 11330 Bullis Road, as the place for said public hearing; and the City Clerk is authorized and directed to serve and post certified copies of the resolution in the manner set forth in Section 17 -113 of the Lynwood City Code. Section 3. In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel the owner of the premises shall be liable to said City. All said costs shall constitute a special assessment against the subject property. Section 4. The City Clerk is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of -this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of the land as his name and address appears on the last equalized assessment roll, or it known to the City Clerk. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. PASSED, APPROVED AND ADOPTED this 2nd d o f May r 1989. Evelyn M. (lells, Mayor City Of Lynwood ATTEST: APPROVED AS TO CONTENT: V RFA. HOOPER, City k Vi ente L. Mas, rec�o`f City Of Lynwood Community Development Department /Barb osaFO , City Attorney STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City Of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City Of Lynwood at a regular meeting held on the 2nd day of May r 1989. AYES: COUNCILMEMBERS HEINE, HENNING, MORRIS, RICHARDS, WELLS NOES: NONE ABSENT: NONE A '.'e — City Clerk, City of Lynwood