HomeMy Public PortalAboutResolution 99-3771RESOLUTION NO. 99 -3771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY DETERMINING THE EXISTENCE OF A
PUBLIC NUISANCE AT 4945 BALDWIN AVENUE AND
RECOMMENDING ABATEMENT THEREOF
WHEREAS, the City Council of the City of Temple City on July 6, 1999, held a duly noticed
public hearing to ascertain whether certain premises constitute a public nuisance;
WHEREAS, the property owner admitted the violations set forth below; and
WHEREAS, upon hearing and considering all of the relevant evidence and testimony, said City
Council found and determined that such nuisance exists and should be abated.
NOW, THEREFORE, the City Council of the City of Temple City does hereby determine that
a public nuisance, as defined in the Municipal Code of the City of Temple City, exists on the premises
known and designated at 4945 Baldwin Avenue in said City, and more particularly described as Parcel 37
of Lot 23, Tract 9848, Map Book 137, Pages 67 -68 of maps in the Office of the County Recorder, County
of Los Angeles, State of California.
SECTION 1. That the following condition maintained on said property may exist contrary to the
provisions of the Temple City Municipal Code, Temple City Zoning Code, and Los Angeles County Building
Code:
TCZC 9331(B) Two dwelling units on one R -1 lot.
TCZC 9333(G) Two (2) parking spaces per dwelling unit, each of
which must be located in a garage.
A building which is maintained in violation of
specific requirement, applicable to such building, of
the building regulations of this City.
Adopts the Los Angeles County Building,
Mechanical, Electrical, and Plumbing Code as the
Building, Mechanical, Electrical, and Plumbing
Code of the City of Temple City.
A garage converted without the benefit of building
permits.
TCMC 4230(V)(12)
TCMC 7100 -7404
LACO BUILDING CODE
CHAPTER 1
SECTION 106.1
LACO BUILDING CODE
CHAPTER 1
SECTION 106.2
LACO BUILDING CODE
CHAPTER 1
SECTION 109.1
LACO BUILDING CODE
CHAPTER 1
SECTION 109.2
LACO BUILDING CODE
CHAPTER 34
SECTION 3405
The use and occupation of an altered structure.
The use and occupation of a building or structure
without the approval and/or issuance of a
certificate of occupancy.
Changes in the character or use of a building.
Changes in the character of occupancies or use of a
building which has not been made to comply with
the requirements of this code for such division or
group of occupancy.
Resolution No. 99 -3771 Page 2
LACO MECHANICAL CODE
CHAPTER 1
SECTION 111.1
LACO ELECTRICAL CODE
ARTICLE 81
SECTION 81 -2
LACO PLUMBING CODE
CHAPTER 1
SECTION 102.1
The alteration of a structure without the benefit of
a permit.
The conversion of a garage without the benefit of
an electrical permit.
The conversion of a garage without the benefit of a
plumbing permit.
SECTION 2. The City Council declares the subject property 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 sixty (60) days.
SECTION 3. Abatement by the following method(s) is required:
Convert the garage back to its original state as a garage and remove all construction completed
without building permits.
SECTION 4. If such nuisance is not completely abated pursuant to this resolution within said
60 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, all in acordance with applicable law and court decisions.
SECTION 5. 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
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 shrill 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 6. 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 7. 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
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Resolution No. 99 -3771 Page 3
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 8. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 6th day of July 1999.
ATTEST:
City Clerk
31-4
MAYOR / (/
v�
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 99 -377i, was adopted by the City Council of the City of Temple City at a regular meeting held on the
6th day of July 1999, by the following vote:
AYES: Councilman- Gillanders, Souder, Wilson, Breazeal, Brook
NOES: Councilman -None
ABSENT: Councilman -None
City Clerk