HomeMy Public PortalAboutResolution 97-35931
1
1
RESOLUTION NO. 97 -3593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY CONFIRMING THE DETERMINATION OF A PUBLIC
NUISANCE AND ORDERING ABATEMENT THEREOF FOR REAL
PROPERTY LOCATED AT 6253 MUSCATEL AVENUE (PN 96 -3,
GABRIEL)
WHEREAS, the Planning Commission of the City of Temple City has determined that a public
nuisance exists on the real property located at 6253 Muscatel Avenue in Temple City, described as Lot 22
or Tract 5903 as contained in Map Book 67 -59, Page 9 as recorded in the Office of the County Recorder,
County of Los Angeles, State of California by the existence of several violations . of the City's Zoning,
Building and Property Maintenance Codes as set forth in the Planning Commission Minutes and Staff
Reports and Planning Commission Resolution No. 97- 1849PC; and
WHEREAS, reasonable efforts have been made by the Planning Commission and other City
officials to inform the property owner of the subject property regarding said persons responsibility to abate
said nuisance; and
WHEREAS, the City records indicate that an accessory building was converted and significantly
expanded and improved as a second dwelling unit on the subject lot; and
WHEREAS, there are several lesser public nuisance violations on the subject property, consisting
on an inoperable or abandoned motor vehicle, discarded appliances, weeds and debris; and
WHEREAS, the Planning Commission has declared the property to be a public nuisance and has
recommended to the City Council that abatement action be taken.
WHEREAS, at the request of the property owner's attorney, the City Council continued
consideration of this public nuisance case from their meeting of May 6, 1997, to this meeting date of June
17, 1997.
NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve as follows:
SECTION 1. The City Council hereby declares the real property located at 6253 Muscatel
Avenue, Temple City to be a public nuisance and orders those persons owning, leasing, occupying or having
charge or possession of the subject property to cause the abatement of said nuisance within forty -five (45)
days, including obtaining whatever variances may be necessary to legalize the structure as a guest house
and accessory building.
SECTION 2. The public nuisance abatement proceedings shall terminate upon full abatement
by the owner of the subject property prior to the expiration of the forty -five (45) day abatement period.
SECTION 3. If such abatement is not completely abated pursuant to this resolution within said
forty -five (45) day period, the City Manager shall be authorized to initiate abatement procedures by use
of City forces or private contract and shall be authorized to enter upon the subject property to perform
abatement measures.
SECTION 4. The City Manager shall maintain an account of the cost (including incidental
expenses) of initiating the abatement of said public nuisRnce regarding 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 on the subject property. Specifically, the City
Manager is hereby authorized to obtain demolition bids from licensed contractors to abate the second
dwelling unit situated on the subject lot which was built /converted to habitable space without benefit of
Resolution No. 97 -3593
Page 2
building permits. A copy of a report outlining costs incurred and estimates for abatement shall be posted
for a minimum of five (5) days upon the subject property prior to any action by the City Council 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 owner 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 5. At the time and place fixed for receiving and considering the report relative to costs
and cost estimates for abatement, 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 confirmed. The decision of the City Council on all
protests and objections which may be made shall be final and conclusive.
SECTION 6. 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, thereupon it shall be the duty
of the 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 7. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 17th day of June, 1997.
ATTEST:
1
1
1
1
1
1
Resolution No. 97 -3593
Page 3
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 97 -3593, was adopted by the City Council of the City of Temple City at a regular meeting held on the
17th day of June, 1997, by the following vote:
AYES: Councilman - Breazeal, Brook, Wilson, Gillanders, Souder
NOES: Councilman -None
ABSENT: Councilman -None