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HomeMy Public PortalAbout2009.131 (07-21-09)RESOLUTION NO. 2009.131 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 3148 CARLIN AVENUE, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6176, PAGE 002, PARCEL NO. 006 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the referral of the City Manager of the City of Lynwood and staff, the City Council has investigated whether the conditions at the site create an imminent nuisance to the property itself as well as to adjacent property; 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 with health and safety standards; and WHEREAS, this City Council has held a 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 FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The property described as Tax Assessor's Book No. 6176-002-006 also known as 3148 Carlin Avenue, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3-13 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. Weeds and/or stubble and brush. 2. Dilapidated garage. Section 3. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to: a. Obtaining an Entry and Abatement Warrant for this site, all overgrown vegetation must be disposed of, and the site will be maintained on a regular basis. Section 4. The owner of said property, Helen Milliron, is deceased and her son Blane Milliron and all other persons claiming an interest in said property, who were given written notice of the hearing, are individually and collectively 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 after the City complies with the requirement of Chapter 3-13 of the Lynwood Municipal code. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council. Section 8. Notice is hereby given that on July 21St at the hour of 5:00 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 21St day of July, 2009. Mana T. Santillan, Mayor ATTEST: r -~ Ma is Quinonez, City Clerk Roger L. al y, y Manager APPROVED AS TO FORM: Fred Galante, City Attorney STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) APPROVED AS TO CONTENT: Jo than Colin, Director D velopment Services Department 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 21St day of July, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRlGUE2, CASTRO, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ~ ~ ~ Maria Quinonez, City Clerk 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. 2009.131 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21St day of July, 2009. Maria Quinonez, Ci y Clerk