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HomeMy Public PortalAboutResolution 03-42081 RESOLUTION NO. 03 -4208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 4850 GLICKMAN AVENUE AND ORDERING ABATEMENT WHEREAS, The City Council of the City of Temple City on September 16, 2003, held a duly noticed public hearing to ascertain whether certain premises constitute a public nuisance; 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 as 4850 Glickman Avenue, Temple City, California, further described as Los Angeles County Assessor's Parcel Number 8585 - 015 -045, and having a legal description of Parcel 1 of Parcel Map No. 2178, as per map book recorded in book 30, page 85 of parcel maps in Los Angeles County, in the office of the County Recorder, County of Los Angeles, State of California. SECTION 1. That the following conditions exist contrary to the provisions of Section 4230 of the Temple City Municipal Code: • Overgrown weeds, grass, and miscellaneous vegetation in the front yard, north and south side yards and rear yard area. • Several overgrown cypress trees in the front and rear yard. • An overgrown Mexican fan palm in the front yard area. • One or more overgrown Chinese elm trees in the front yard area. • An overgrown night - blooming cerus cactus in the rear yard area. • An overgrown lemon tree in the rear yard area. • An overgrown tree -of- heaven (nuisance growth) in the rear yard area. • An inoperable International pickup truck on the open driveway area of the site; and SECTION 2. The City Council declares the subject property to be a public nuisance and orders those persons owning the subject property to cause the abatement of said nuisance within thirty (30) days. SECTION 3. Abatement may be accomplished by the appropriate cutting of all overgrown vegetation on -site, and the appropriate cutting, trimming, or pruning of all overgrown trees on site, and the placement of said inoperable vehicle within an enclosed garage or by removing it from the premises. SECTION 4. If such nuisance is not completely abated by owner as directed within said thirty (30) day period, then the City Manager shall cause the same to be abated by City forces or private contract and the City Manager is expressly authorized to enter upon said premises for such purpose. SECTION 5. The City Manager shall keep an account of the cost (including incidental expenses) of abating such nuisance and shall render an itemized report in writing to the City Resolution No. 03 -4208 Page 2 Council showing the cost of abatement; provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (5) days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of the 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 include, but not be limited to the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. 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 final 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 bill levied against said respective lots 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; or after such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 16th day of September, 2003. ATTEST: .44-4-YNdA-14u City Clerk U 1, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 03 -4208, was adopted by the City Council of the City of Temple City at a regular meeting held on the 16th day of September, 2003 by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None 2J q-Lf2,6L,t,c4) City Clerk 1 1