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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