HomeMy Public PortalAbout2014.163 (09-16-14)RESOLUTION NO. 2014.163
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 AND IDENTIFIED AS TAX ASSESSOR'S
BOOK NO. 6169, PAGE 014, PARCEL NO. 019 VACANT LOT LOCATED ON
BELLINGER STREET BETWEEN LYNWOOD ROAD AND BUTLER AVENUE 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 to adjacent properties; 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, 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, including the initial notice of violation mailed to the property owners
on April 23, 2014, a second notice of violation mailed to the property owners on May 1,
2014, the initial notice of violation was returned to the city on May 6, 2014, the second
notice of violation was returned to the city on May 14, 2014, the final notice of violation
was mailed to the property owners on June 16, 2014, the certified notice was returned
to the city on June 30, 2014, the notice- of hearing to abate a public nuisance was
prepared and mailed on August 6, 2014 and supporting pictures; and
WHEREAS, on September 16, 2014, at its regularly noticed council meeting, this
Council has held a duly noticed public hearing and has heard and considered 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 RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The property described as Tax Assessor's Book No. 6169 - 014 -019
Vacant Land, 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, on vacant property
2. Overgrown vegetation on vacant property
3. Lack of fencing to secure 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.
d. Secure perimeter fencing.
Section 4. The owners of said property, Jack and Sylvia Rogers, are 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 shall 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 3013.11 of the Lynwood Municipal Code.
Section 8. Notice is hereby given that on September 16, 2014 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 16th day of September, 2014.
"—Aide Castro, Mayor
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
" 2x - —
DavicYA. Garcia, City Attorney
APPROVED AS TO CONTENT:
Development Services
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 16th day of September, 2014.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAWBEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2014.163 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 16th day of September,
2014.