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HomeMy Public PortalAboutResolution 04-42991 1 1 RESOLUTION NO. 04 -4299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 4913 ARDEN DRIVE WHEREAS, the City Council of the City of Temple City on September 7, 2004, adopted Resolution No. 04 -4287 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 October 19, 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 4913 Arden Drive, Temple City, California, further described as Los Angeles County Assessor's Parcel Number 8585 - 015 -013, and having a legal description of Lot 10 in Block A of Tract No. 11148 as per map recorded in Book 193, page 49 of maps, 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: • Cat feces and urine residue throughout the residence and garage. • Hazardous conditions with the storage of junk, trash, dead organic matter, • garbage, and debris throughout the residence and garage. • An excess number of household pets (approximately 5 -10 cats) being kept in the residence. • A faulty and deteriorated roof covering on the residence. 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 cat feces and urine residue from the interior area of the residence and garage, the removal of all junk, trash, garbage, dead organic matter and debris from the interior area of the residence and garage, the removal of household pets (cats) down to the maximum number allowed of one household pet per unit in a three -unit complex, and the replacement or repair of the deteriorated roof covering on the residence. 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 remove d by City forces may be destroyed without regard to salvage value after notice. Resolution No. 04 -4299 Page 2 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 Tots 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. SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 19th day of October, 2004. ', J MAYOR ATTEST: l 1l� City Clerk U I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 04 -4299, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 19th day of October, 2004 by the following vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None rYi cuu,, R. City Clerk 1 1 1