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HomeMy Public PortalAboutResolution 98-36891 1 RESOLUTION NO. 98 -3689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING CERTAIN ACTIONS AND DECISIONS OF THE PLANNING COMMISSION AND DECLARING THE REAL PROPERTY LOCATED AT 6154 -58 TEMPLE CITY BOULEVARD, TEMPLE CITY TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF SAID NUISANCE WITHIN THIRTY (30) DAYS (MILLER) WHEREAS, the Planning Commission of the City of Temple City has determined that a public nuisance exists on the real property located at 6154 -58 Temple City Boulevard, Temple City (5385- 015 -020 and 5385 - 015 -019) in said City, and more particularly described as a portion of Lot 6, Block N, of the Santa Anita Land Co's Tract, as per map recorded in Map Book 5385, Page 15 of maps recorded in the Office of the County Recorder, County of Los Angeles, State of California, by allowing the existence of certain site nuisances and maintenance of the premises contrary to the provisions of the Temple City Codes as stated in the Planning Commission Minutes and Staff Report dated June 9, 1998 and Planning Commission Resolution No. 98- 1887PC; 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, attempts have been made to correct violations relative the removal of weeds and debris; however, work has not been completed; and WHEREAS, the Planning Commission recommends the City Council declare the subject property to be a public nuisance and order the abatement of said nuisance. WHEREAS, this City Council has conducted a due process hearing and heard testimony 1) of staff as to fire hazards; 2) of neighbors who live in fear of rats and vermin; and 3) from Mr. Miller who stated he is aware that the nuisance exists but that he is doing the best he can. 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 6154 -58 Temple City Boulevard, 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 as requested by the applicant within thirty (30) days, removal of overgrown vegetation, dead weeds and debris, and regularly mow lawn and maintain yard areas as stated in Resolution No. 98- 1887PC. 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 30 day abatement period. SECTION 3. If such nuisance is not completely abated pursuant to this resolution within said 30 day period, the City Manager shall cause the abatement of said nuisance by City forces or private contract and shall be authorized to enter upon the subject property to perform the above mentioned abatement measures. SECTION 4. The City Manager shall maintain an account of the cost (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 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 owners in 1 1 1 Resolution No. 98 -3689 Page 2 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 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 confirmed. The decision of the City Council on all protests and objections which may be made shall be fmal 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, 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 7. The Fire Department is to be contacted and if they feel there is a fire hazard, infraction or misdemeanor, citations are to be issued after July 10, 1998. SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 7th day of . y, 1998. MAYOR I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 98 -3689, was adopted by the City Council of the City of Temple City at a regular meeting held on the 7th day of July, 1998 by the following vote: AYES: Councilman- Souder, Wilson, Brook, Gillanders NOES: Councilman -None ABSENT: Councilman - Breazeal