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