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HomeMy Public PortalAboutResolution 04-42341 RESOLUTION NO. 04 -4234 A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 10217 LOWER AZUSA ROAD AND ORDERING ABATEMENT WHEREAS, the City Council of the City of Temple City on October 21, 2003, adopted Resolution No. 03 -4214 declaring the Council's intent to conduct a public hearing to ascertain whether certain premises constitute a public nuisance; and, WHEREAS, Notice of said public hearing was properly served upon the owner(s) of the property via posting at the site and via Registered or Certified Mail, in the manner required by the Municipal Code of the City of Temple City; and, WHEREAS, the City Council of the City of Temple City on January 6, 2004, held a duly noticed public hearing to ascertain whether certain premises constitute a public nuisance. NOW, THEREFORE, the City Council of the City of Temple City does hereby find, determine, and order: SECTION 1. That a public nuisance, as defined in the Municipal Code of the City of Temple City, exists on the premises known and designated as 10217 Lower Azusa Road, Temple City, California, further described as Los Angeles County Assessor's Parcel Number 8585 -015- 017, and having a legal description of Southeasterly 78.50 feet of Lot 1, in Block B of Tract No. 10992, as per map book recorded in book 193, page 1 of parcel maps in Los Angeles County, in the office of the County Recorder, County of Los Angeles, State of California. SECTION 2. That the following conditions exist contrary to the provisions of Section 4230 of the Temple City Municipal Code: • An inoperable vehicle (1981 Volkswagen Rabbit, 2 -door, White, CA License # 1 ECN869) being stored in the front / side yard area. • An inoperable vehicle (1941 GM Yellow, Converted Coach Bus, Black / Gray, CA License # 972NYS) being stored in the front / side yard area. • An inoperable vehicle (1981 Volkswagen Rabbit, 4 -door, Grey, CA License # 1 BZB067) being stored in the front / side yard area. • An inoperable vehicle (1988 Dodge, Van, Blue, CA License #2JAL036) being stored in the front / side yard area. • An inoperable vehicle (1978 Cadillac, 4 -door, Brown, CA License #961YEZ) being stored in the front / side yard area. • A residential two -car garage converted into living space with an unpermitted wall in the garage door opening, the lack of a functional garage door, and a carpeted garage floor surface. • Junk, trash and debris in the front and side yard areas. • Deteriorated and dead trees, grass, weeds and landscaping in the front yard area. SECTION 3. The City Council orders those persons owning the subject property to cause the abatement of said nuisance within thirty (30) calendar days of the passage, approval and adoption of this Resolution. Resolution No. 04 -4234 Page 2 SECTION 4. Abatement may be accomplished by the appropriate removal of an unpermitted wall constructed in the garage door opening, the installation of a new garage door, the removal of carpet from the garage floor surface, the removal of all junk, trash and debris from the front and side yard areas, reseed or re -sod the front yard area, removal of all dead trees, grass and weeds, and the placement of said inoperable vehicles within an enclosed garage or by removing them from the premises. SECTION 5. If such nuisance is not completely abated by owner as directed within said thirty (30) calendar 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. All materials removed by City forces may be destroyed without regard to salvage value after notice. SECTION 6. 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 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 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 7. 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 8. 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 9. All timeframes for judicial review shall be governed by Section 1094.6 of the California Code of Civil Procedure. 1 1 1 1 Resolution No. 04 -4234 Page 3 SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 6th day of January, 2004. ATTEST: City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 04 -4234, was adopted by the City Council of the City of Temple City at a regular meeting held on the 6th day of January, 2004 by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None rr1 .1-€1—t-AJULCk City Clerk 4