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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.