HomeMy Public PortalAbout2009.182 (10-06-09)RESOLUTION NO. 2009.182
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 4313 FERNWOOD AVENUE, AND
IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6189, PAGE 011, PARCEL NO. 034
IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF
WHEREAS, pursuant to the recommendation of the City Manager of the City of
Lynwood, and staff, the conditions at the site have proven to be an imminent nuisance
throughout the property as well as 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; and
WHEREAS, on October 6, 2009, at its regularly noticed Council Meeting, this
Council has held a duly noticed public 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. 6189-011-034
also known as 4313 Fernwood Avenue, in the City of Lynwood, California, is hereby
found and declared to be a public nuisance as defined in Chapter 3-13.1 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. Trash and debris, graffiti, front, side and rear of property
2. Overgrown vegetation in front, rear and side of property
Section 3. It is further found and determined that the methods by which said
conditions could be abated include, but are not limited to obtaining an Entry and
Abatement Warrant for the site, if deemed necessary by the City to perform the
following:
a. All overgrown vegetation will be removed and properly disposed
of.
b. Discarded items will be removed and properly disposed of.
c. All graffiti shall be painted and/or removed.
Section 4. The owners of said property, Hector Roldan and Rosa M. Lopez, are
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 taken 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. All costs incurred in the abatement efforts shall
constitute a special assessment against the subject property upon approval from City
Council, and a Notice of Special Assessment shall be recorded against the premises
pursuant to Section 3013.11 of the Lynwood Municipal Code.
Section 8. Notice is hereby given that on October 6, 2009 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 6`h day of October, 2009.
~~~~ ~~~_
Maria T. Santillan, Mayor
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM
Fred Galante, City Attorney
Roger L. aley, C y Manager
APPROVED AS TO CONTENT:
~~~
J athan Colin, Director
velopment Services
` ~,
y ` l
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES ).
,~`f
I, the undersigned, City Clerk~of the. City of Lynwood; ;do~he~eby~certifq;that the
foregoing Resolution was 'p'assed and adopted by~~the City Council of the City of
Lynwood at a regular meeting held on the 6~' day of October, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, 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. 2009.182 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 6th day of October, 2009.
i
Maria Quinonez, ity Clerk