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HomeMy Public PortalAbout98-033 (03-03-98)RESOLUTION NO. 98-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A PUBLIC NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY AND WHETHER THE CITY BUSINESS LICENSE NO. 8750 SHALL BE LIMITED IN ORDER TO ABATE SAID NUISANCE AS "GROCERY STORE ONLY, NO OFF-SALE OF ALCOHOLIC BEVERAGES, COMMONLY KNOWN AS 12601 HARRIS AVENUE, AND IDENTIF[ED AS TAX ASSESSOR'S BOOK #6186, PAGE 020, LOT 018, IN THE CITY OF LYNWOOD. WHEREAS, pursuant to the recommendations of the City Manager of the City of Lynwood , this City , Council has previously found that certain premises, hereinafter more fully described , aze presently being maintained in such a manner as to constitute a nuisance; and, WHEREAS/, this City Council has also found that the existing business at the site is being operated in such a way as to justify and merit the revocation of the City business license; and, WHEREAS, in light of said findings, October 21, 1977, this Council adopted a resolution declazing its intention ro conduct a public heazing to ascertain whether a nuisance is being maintained at the site and abate said nuisance with a evocation of the City business license; and, WHEREAS, this City Council has held a heazing and considered all relevant evidence and testimony from all interested persons desiring to be heard conceming the conditions constituting the alleged nuisance and the proposed abatement. follows: NOW, THEREFORE, the City Council of Lynwood dose hereby find, determine, order and resolve as i n 1 The property identified as Tax Assessor's Book No. 6186, Page 0202, Lot 018, generally know as 12601 Harris Avenue in the city of Lynwood , California is hereby found and declazed to be a public nuisance as defined in Section 3-13.1 ofthe Lynwood Municipal Code. Section 2. The particulaz conditio~s of said property which aze hereby found and determined to constitute a nuisance and justify revocation of the business license aze: , 1. Excessive amount of calls to the law enforcement agency regarding illicit activities being conducted at the site. 2. Unsupervised congregation of minors, drinking and terrorizing the neighboring residents. 3. Sunounding azea is currently being used by several gang members For conducting illegal sales and drinking in public. Section 3 It is further found and determined that the methods by which said conditions could be abated include, but aze not limited to: Restrict business license #8750 issued to Summer L. Luciano for Aikids Mazket at 12601 Harris Avenue in the City of Lynwood to read "Grocery store only, no off-sale of alcoholic beverages". BE IT FUR1'HER RESOLVED THAT THIS CITY COCJNCIL therefore declazes , pursuant to section 4-9 of the Lynwood Municipal Code that the above described conditions constitute a public nuisance meriting the revocation of the City business license, the abatement of which is appropriate under Police Power of the City of Lynwood; and, Section 4. The Owners of said property and business, Haitham Bundakji and Summer L. Luciano, respectivety, are ordered and directed to surrender their City business license #8750 in order to establish the limitation and , remove all alcoholic beverages from site no less than ten (10) working days after receipt of notice of the adoption of this Resolution and Order. Section 5 If the property owner fails to take the steps as provided in this resolution within ten (10) days afrer the date this resolution is posted upon said property, the Ciry of Lynwood shall immediately cause the same to be abated by [he Ciry personnel or private contractor and such personnel o persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. In the event the City of Lynwood causes the aforementioned nuisacice to be abated by the City personnel or private contractor, the owner of the premises shall be liable to said City . All said costs shall constitute a special assessment against the subject property upon approval from City Council. Section 7. The City Clerk is authorized and directed to post conspicuously at least one copy of than PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Lynwood held on Mazch 3, 1998. ~~ ' ~ ARMANDO REA, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, Ciry CI rk City Of Lynwood APPROVED AS TO FORM: ~ /)~n/ C.~~n i,~-wCMt~ ~ "'~' City Attomey STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) APPROVED AS TO CONTENT: ~~~ ~ GARY CHICOT , irector Community Deve opment Dept. I, the undersigned, Ciry 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 regulaz meeting held on March 3,1998. AYES: COUNCILEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD ABSENT: NONE ABSTAIN: COUNCILMEMBER RICHARDS ~7~1e~ /1 ~ ~~~ City Clerk, City of Lynwood CODE/council/HARRIS3