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HomeMy Public PortalAbout90-205 (12-18-90)RESOLUTION NO. 90-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DETERMINING THAT A PUBLIC NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY GENERALLY KNOWN AS 12333 LONG BEACH BLVD. AND ORDERING A REVOCATION OF THE CITY BUSINESS LICENSE #3969 AND ABATEMENT OF SAID NUISANCE BY CLOSURE. 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 a way as to require a revocation of the City Business License. WHEREAS, certain procedures are set forth in Sections 3-13 et. seq. and 4-9 et.seq. of the Lynwood Municipal Code, of the City of Lynwood, pursuant to which the violations of the Lynwood Municipal Code may be abated. WHEREAS, pursuant to such procedures, the owners and operators of the business received notice provided in Section 4-9 of the Lynwood Municipal Code and attended the Public Hearing held on December 4, 1990 at 7:30 p.m in the Council Chambers, Lynwood, California, accompanied by legal counsel. WHEREAS, the City Council heard and considered the testimony offered by a number of witness, and found the sworn testimony of Sgt. Estep, Los Angeles County Sheriff Officer and Mr. Charles Glen to be credible. No testimony was offered by the owners and operators, except for the presentation by the attorney of the subject's business. NOW, THEREFORE, the City Council of the City of i Lynwood does hereby find, determine, order and resolve as ~ follows: Section 1. Based upon the sworn testimony of Sgt. Estep and Mr. Charles Glenn that the City Council finds credible, the City Council further finds as follows: a. From July 1, 1990 to November 10, 1990 there have been twenty-three (23) arrests at said location. b. Twenty (20) of the arrest mentioned above were for "possession and/or sales of a controlled substance, cocaine". Of those, eighteen (18) of the transaction and/or possession have been inside the building during the restricted hours of operation. c. Four more arrest have been made. Three (3) for "arm robbery" and one (1) for "attempted grand theft-auto". Those arrest were either in the parking lot of the business or on the street outside the business. d. Besides the above mentioned arrest at the site, there has been nine (9) other arrest within the immediate surrounding area. All of the arrests involved "controlled substance". e. Numerous complaints have been received regarding the "excessive, loud noise" between the hours of 1:00 and 5:00 a.m. in violation of the Lynwood Municipal Code Section 3-13 et. seq and 4-18 et. seq., and have been verified by the testimony presented, indicating a complete disregard for the peace and comfort of the neighbors in the vicinity, and were not denied by the owners or operators. The only claim of defense to the charges by the owners and operators was a claim of lack of notice regarding the existence of the criminal conduct, and at no time did the owners or operators deny any of the allegations regarding criminal activities, excessive noise or littering, or the deliberate disregard for the neighborhood in the operations of the business. Section 2. Based on the aforesaid recommendation of the City Manager and all the testimony offered and considered during the course of the Public Hearing on such matters, this Council hereby finds and determines that the following described property is presently maintained and the existing business operated in such a manner as to constitute a public nuisance. Such property is described as Lot 13 of Tract 6168 Page 022 generally known as 12333 Long Beach Blvd., City of Lynwood. Section 3. The method(s) by which said conditions will be abated shall include revocation of the business license # 3969 issued to Tomas Sanchez Chavez and Rigoberto Pellegaud for the "E1 Chubasco Bar", and abatement of the nuisance by closure of the business, and such is the order. BE IT FURTHER RESOLVED THAT THIS CITY COUNCIL therefore declares, pursuant to Section 4-9.5 of the City Code of Lynwood that the above described conditions constitute a public nuisance, the abatement of which is appropriate under Public Power of the City of Lynwood, and, Section 4 The owners and operators are ordered to surrender their City business license #3969 and to effect the closure of the business, no less than five (5) business days after receipt of notice of the adoption of this Resolution and Order. Section 5. In the event the City of Lynwood cause the aforementioned nuisance to be abated by City personnel, the owner of the business shall be liable to said City. All said costs shall constitute a special assessment against the subject property. Section 6 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 business as it appears on the business license records or is 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. Any review of this decision must be consistent with the provisions of Code of Civil Procedures Section 1094.6 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Lynwood held on the 18th day of December, 1990. ROBERT HENNING, Ma City of Lynwood TEST: ANDREA L. HOOPER, C ty Clerk City Of Lynwood CONTENT: ty Development FORM: S. Barbosa, 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 18th day of December, 1990. AYES: COUNCILMEMBERS HEINE, REA, RICHARDS, WELLS, HENNING r NOES: NONE ABSENT: NONE C~ ~ ~~~J City Clerk, City of Lynwood CODE/PROPOSAL/Revocation