HomeMy Public PortalAboutResolution 95-34411
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RESOLUTION NO. 95 -3441
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY ORDERING THE ABATEMENT OF A PUBLIC NUISANCE,
AUTHORIZING A REQUEST FOR AN INSPECTION /SEARCH
WARRANT AND AUTHORIZING THE EXPENDITURE OF CITY
FUNDS FOR ABATEMENT MEASURES AT 4831 WILLMONTE
AVENUE, TEMPLE CITY (PARCEL NO. 8589 - 024 -018)
WHEREAS, the Planning Commission of the City of Temple City has determined that a public
nuisance exists on the real property located at 4831 Willmonte Avenue, Temple City (Parcel 18 of Lot 10,
Tract 9848, Map Book 137, pages 67 -68) by allowing the existence of certain site nuisances and health and
fire hazards contrary to the provisions of the Temple City Codes as stated in the Planning Commission
Minutes and Staff Report dated May 23, 1995 and Planning Commission Resolution No. 95- 1767PC; and
WHEREAS, reasonable efforts have been made by the Planning Commission and other City
officials to inform the persons owning, leasing, occupying, or having charge or possession of the subject
property regarding said persons responsibility to abate such nuisance; and
WHEREAS, the Planning Commission recommended that the City Council declare the subject
property to be a public, nuisance and order the abatement of said nuisance; and
WHEREAS, on June 6, 1995 the City Council adopted a resolution declaring the real property
at 4831 Willmonte Avenue to be a public nuisance; and
WHEREAS, no significant improvement of the property has occurred, the property nuisance
continues to exist.
NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve as follows:
SECTION 1. The City Council hereby authorizes the City Manager to obtain all necessary
inspection/search warrants so as to gain access to the property to assess the abatement cost and proceed
with abatement action by use of City forces or private contracts to a maximum dollar amount of $5,000.
SECTION 2. The City Manager shall maintain an account of the specific expenditures (including
incidental expenses) of abating such nuisance regarding the related work performed on the subject
property and shall submit an itemized report in writing to the City Council detailing the specific cost of
abatement, including any rehabilitation, repair, or demolition of the subject property. A copy of the report
shall be posted for a minimum of five (5) days upon the subject property prior to City Council acceptance
of the report and shall include a notice indicating the time and place where the report shall be considered
by the City Council for acceptance. A copy of the report and notice shall be served upon the subject
property owners in accordance with Temple City Municipal Code Section 4235 at least five (5) days prior
to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit
filed with the City Clerk. The term "incidental expenses" shall be limited to the actual expenses and costs
incurred by the City for the preparation of notices, specifications and contracts, including the costs for
printing and mailing such material.
SECTION 3. At the time and place fixed for receiving and considering said report, the City
Council shall hear and pass upon the report of the City Manager, together with any objections or protests.
Thereupon the City Council may make such revision, correction or modification in the report as it may
deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be
Resolution No. 95 -3441
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confirmed. The decision of the City Council on all protests and objections which may be made shall be fmal
and conclusive.
SECTION 4. The total cost of abating such nuisance, as so confirmed by the City Council, shall
constitute a special assessment against the respective lot or parcel of land to which it relates, and upon
recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed, shall
constitute a lien on said property for the amount of such assessment. After such confirmation and
recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty
of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied
against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall
be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall
be subject to the same penalties and the same procedure under foreclosure and sale in cases of delinquency
as provided for ordinary municipal taxes.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 1st day of August.
MAYOR
ATTEST:
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 95 -3441, was adopted by the City Council of the City of Temple City at a regular meeting held on the
1st day of August by the following vote:
AYES: Councilman - Budds, Souder, Wilson, Breazeal
NOES: Councilman-None
ABSENT: Councilman- Gillanders
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