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HomeMy Public PortalAboutResolution 04-42371 RESOLUTION NO. 04 -4237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 5736 RIO HONDO AVENUE AND ORDERING ABATEMENT WHEREAS, the City Council of the City of Temple City on November 18, 2003, adopted Resolution No. 03 -4223 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 personal service, posting at the site and via 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 20, 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 5736 Rio Hondo Avenue, Temple City, California, further described as Los Angeles County Assessor's Parcel Number 8587 -004- 014, and having a legal description of the west 140 feet of the South half of Lot 759, of Tract No. 6561, as per map recorded in book 72, pages 34 and 35 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 (1984 Mazda Pick -up, 2 -door, White, CA License No. 3C06764) being stored in the front yard area. • Overgrown hedges (taller than 36 inches) in the front yard area. • Several overgrown trees in the front yard that have limbs extending onto the roof structure of the residence. • Faulty and deteriorated roof coverings on the residence and garage structures. • Several overgrown trees in the side and rear yard areas causing structural damage to the walls, foundation and driveway of the residence. • The storage of several garbage cans in an open yard area (public view). • Packing boxes and other debris being stored in open yard areas that are visible from public streets. • Broken furniture and household items being stored in the front patio area, which prevent the adequate means of entry / exit through the front door. • Broken, damaged or missing window screens. Weathered and deteriorated exterior wall protection on the residence and garage structures. Premises maintained so as to constitute a fire hazard by the accumulation of junk, trash and debris. Dead trees, grass, weeds and vegetation in the front, side and rear yard areas. Resolution No. 04 -4237 Page 2 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. SECTION 4. Abatement may be accomplished by the appropriate removal of all overgrown trees, limbs and trunks, repairing the defective roof coverings on the garage and residence structures, the trimming of all overgrown hedges in the front yard to a maximum height of 36 inches, repairing the damaged foundation of the residence, repairing the damaged residential driveway, repairing the damaged walls of the residence, repainting the exterior walls of the residence and garage structures, repairing or replacing the damaged window screens, the removal of all junk, trash and debris from the front patio area, the removal of all packing boxes, garbage cans 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 from the front, side and rear yard areas, and the placement of said inoperable vehicle within an enclosed garage or by removing the vehicle 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. 1 1 1 Resolution No. 04 -4237 Page 3 SECTION 9. All timeframes for judicial review shall be governed by Section 1094.6 of the California Code of Civil Procedure. SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 20th day of January, 2004. '71(•Z" MAYOR / ATTEST: City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 04 -4237, was passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 20th day of January, 2004 by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak NOES: Councilmember -None ABSENT: Councilmember- Vizcarra ABSTAIN: Councilmember -None City Clerk '