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HomeMy Public PortalAbout2013.133 (10-15-13) RESOLUTION NO. 2013.133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 5232 ELMWOOD AVENUE, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 015, PARCEL NO. 034 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood, and staff the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on October 15, 2013, at its regularly noticed Council Meeting, this Council has held a duly noticed public hearing and has heard and tconsidered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The property described as Tax Assessor's Book No. 6194- 015-034 also known as 5232 Elmwood Avenue, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3-13.1 of the Lynwood City Code. Section 2. The particular conditions of said property which are hereby found and determined to constitute a nuisance are described as follows: 1. Trash and debris, side and rear of property 2. Overgrown vegetation in front, rear and side of property Section 3. It is further found and determined that the methods by which . said conditions could be abated include, but are not limited to obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. All overgrown vegetation will be removed and properly disposed of. b. Discarded items will be removed and properly disposed of. c. Abate all unsightly conditions. Section 4. The owner of said property, Estate of Catherine Pelky, is ordered and directed to take said steps to abate said nuisance. Section 5. ' If the property owner fails to take the steps as provided 'in this Resolution within five (5) days after the date this Resolution is posted upon said property, the City of Lynwood shag immediately .cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. The Director of. Development Services 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'said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice,shall not affect in any manner the validity of any proceedings take under this Resolution., Section 7. In the event the City of Lynwood causes the&aforementioned nuisance to be abated by City personnel or private contractor; the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3-13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on October 15,2013 at the-hour of 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City, Council and show cause why said proposed work should not be carried-out in accordance with said Act. Section 9. This Resolution shall take effect immediately upon its adoption. PASSED,.APPROVED,and ADOPTED this 15th day of:October, 2013. ►J// Salvador Alatorre, Mayor ATTEST: Ii /. AltrZa aria QuinoneZ City Clerk / • APPROVED AS TO FORM: . APPROVED AS TO CONTENT: el 6 Fred Galante, City Attorney Jofiathan Colin, Director Richard Warne, Richard Warne, Interim City Manager STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 15th day of October, 2013, and passed by the following vote: AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE ABSTAIN: NONE • f /. /._ /.LrLw aria Quinonez, ity Clerk STATE OF CALIFORNIA ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. 2013.133 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. 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