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HomeMy Public PortalAbout81-066A (06-02-81)RESOLUTION, N0.- 81-66 q RESOLUTION OF. THE CITY COUNCIL OF THE CITY:' OF LYNWOOD DECLARING THE EXISTENCE OF A NUISANCE AT 3533,CARLIN AVENUE AND ASSESSING THE-COST OF ABATEMENT OF SAME. WHERE[~,S, the City Council has duly adopted a.'resolution 'setting the public hearing to determine whether there exists on the property at-3'533 Carlin Avenue a public nuisance which may; be - aaated . pursuant to.-_t he _pol.ice power and Lynwood Municipal Code Section 21-15 et seq..; .and WHEREAS, notice of-said: public•hearing has been properly. published, posted and mailed in accordance with principles of. due process and the requirements of Lynwood Municipal Code Section 21-18; and WciEREAS, City staff-made. all reasonable and appropriate efforts .to contact 'the owner and/or occupants of the subject property including visits to the property and mailing and posting notice,. prior to'taking any action to abate the nuisance; and WHEREAS,_the City Manager correctly determined that the condition of the subject property-constituted an immediate danger to the public health, safety and welfare and required. summary abatement in circumstances which did not allow for prior City Council determination of the nuisance; in that the .structure. on the subject property was abandoned, with windows and doors left open or unattached, leaving the inside of the structure and its contents similarly.abandoned and open to the public; and _ .~ __ - ---=- ____. WHEREAS, the public hearing has been held and all relevant testimony heard and. received regarding all conditions on the property and_.the conditions of abatement. NOW, THEREFORE, BE IT RESOLVED: ' SECTION 1. Each of the. facts recited in the recitals of ' this resolution are found to be correct and are adopted as findings. of the City Council. SECTION 2. The property at 3533 Carlin Avenue is hereby declared. to be a public nuisance. as defined at common law and in the Lynwood Municipal•Code Section 21-16, in that the property was maintained so as to constitute an attractive nuisance which could prove detrimental to children in that .t he residential structure was left unoccupied and completely open to the public, and the oajects and' equipment inside the structure were abandoned and left open to the public in such a manner as to prove a hazard for inquisitive children, vandals, and other persons. Such condition is found to have constituted • a danger to human life, safety and welfare which .required immediate summary abatement by the City Manager. The act of the City Manager in summarily abating this nuisance, following the exercise of all reasonable efforts to notify the property owner or occupant, is hereby ratified and confirmed.. SECTION 3. The City Council hereby finds.that the nuisance on the,property was sufficiently dangerous as to require immediate summary abatement in the manner conducted by: the-City Manager,. namely, t:~e boarding up of the.premises.an3 locking-'up of the personal items located therein, and the costs of such..abatement are hereby imposed upon the property owner. `SECTION 4.: The Abatement Cost Report. of the Director of Building and Planning on file with the City Clerk-and attached hereto as an exhibit is hereby confirmed and approved. The - costs of said abatement., totaling $307.32 are hereby assessed against the property owner and, if~not pai3 within thirty (30) .days-from .the date of this resolution, said costs shall be ' imposed as a special assessment upon the property located at .3533 Carlin Avenue,. and more particularly described in the attached Abatemznt Cost Report. 'SECTION 5. The County Assessor, County Tax Collector ...and-Auditor are hereby authorized and directed, upon receipt of this resolution to receive the same and to procee3 to add the amount of the assessment indicated in the abatement cost report to the next `regular bill of taxes levied against the parcel of land described herein and to enter the same amount in the County Assessment Book opposite the property described herein and referred to in the Abatement Cost .Report.. Such assessment shall be collected with all other taxes against the property at the same time and. in the same manner, and shahl be .subject to the same. penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes, all as provided in Lynwood Municipal Code Sections 2T-15 et seg. and California Government Code Section 38773.5. _ SECTION 6. The City Clerk is hereby directed to cause a . copy of this resolution to ~be .served upon the :owner -o~f~t-h-e__r - property by regis tered or certified mail addressed to the-.owner at .t he last known address of .the owner, pursuant to S-ection 21-20 of the Lynwood Municipal Code. PASSED, APPROVED AND ADOPTED this 2nd day of June 1981. _Y v " ~ JO D . BYORI{ y. ~~ ~.. Mayor Hof he ,City of Lynwood ..- -' ~ ~ .. . ,,,;; ~~ /~. f ` ~ ATTEST : ' .. J I t ~..~Pir~ / ~~ /~ LAURENE COFFEY City Clerk, City of Lynwood -2- ~.. ~ _. ABATEMENT Cfl'Sfi REPORT JOB ADDRESS: 3533 Carlin Avenue, Lynwood, California LEGAL - _ . DESCRIPTION: The :western half of Lot 901, Tract 3172, City .State of California, as per map ' of Lynwood, ., :recorded. in Book 32, Page 90 of Maps; in the . ~ office of the County .Recorder of 'sai'd County .. ,' WORK DONE>i Boarded up: the . house , took. inventory of the property and stored it in the garage. AUTHORITY: Sec. 38337 of the Government Code of thee: State of California . . , CONTRACTOR.: City 'of Lynwood personnel Material Cost $ 145.00 ' Administrative ,Cost: .- 2 -men 2 hrs @ '$19 ::8'0 '.per hr 3 9. 8 0 2 men- 6~ hrs @ $20.42 per hr 122..52 . _ `___~-~ _ -- _ _ _-_.___To_tal Cost $ -307.32 " 9 q STATE OF CALIFORNIA ) ) SS.. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2nd day of June , 19 81. AYES: Councilmen Morris, Rowe, Thompson, Byork NOES: Councilmen None ,_ ~~AB~SENT : Councilmen Green \ <. _.,~ ~ ~ ,/ /f ,, - - Cil~v Clerk, `C,ity of Lynwood r ~ ~ ~ ~ ,. F .. - .. ... ~ ~- . ~~r: tS. STATE OF CALIFORNIA ) '. ) s s .. - COUNTY OF LOS ANGELES ) ' I, the undersigned, City Clerk of the. City of Lynwood, do Hereby certify that the above and foregoing resolution . -.: - was duly-ado~ted.by the: City Council of said City at a regular meeting thereof held in the. City Hall of said City on the 2nd day of June 19 81 ,. and = passed by the following vote . AYES COUNCILMEN Morris, Rowe, Thompson, Byork NOES'; COUNCILMEN -None . ABSENT R COUNCILMEN - Green ' - /s/ LAURENE COFFEY /s/~ - µ _...;. - ~_~,__..;..;..~.._. -.,_~w. - y -Cer -- City of . - .___~--~--_- -_ __ ,--~--C1t .._. k,. _ .,_-- ___Lynwood.__ STATE OF CALIFORNIA COUNTY OF LOS= Ai1GELE.S .) .. . ,.. , . 'I, tlze. undersigned City Clerk. of tae City of Lynwood, . and clerk. of. the. City Council of said City,, do hereby certify that th.e above and foregoing is a fu11,.,true and correct copy of Resolution No ..:~~, ~1~-hh~,T on file in my office'and.that sa°id resolution was- adopted on the date. .and by the vote therein stated. Dated this 3rd ~~ day of y Js~ne ~ ... 1981 C ~~t Clerk., City f'of ~ ynwood . ,. -. _ .... _ w -. ~- -