HomeMy Public PortalAbout2010.205 (10-05-10) RESOLUTION NO. 2010.205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
DETERMINING'THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL
PROPERTY, COMMONLY KNOWN AS 3303 MAGNOLIA AVENUE, AND
IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6168, PAGE 011, PARCEL NO. 012
IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF
WHEREAS, pursuant to the recommendation of the City Manager of the City of
Lynwood and staff, the conditions at the site have proven to be an imminent nuisance
throughout the property as well as adjacent property; and
WHEREAS, it has been documented that this site has heavily impacted the
City's resources due to the excessive amount of enforcement required in trying to bring
this site into compliance; and
WHEREAS, on October 5, 2010, at its regularly noticed Council Meeting, this
Council held a duly noticed public hearing and heard and considered all relevant
evidence and testimony from ali interested persons desiring to be heard concerning the
conditions constituting the alieged nuisance and the proposed abatement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND; DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The property described as Tax Assessor's Book No. 6168-011-012
also known as 3303 Magnolia Avenue, in the City of Lynwood, California, is hereby
found and declared to be a public nuisance as defined in Chapter 3-13.1 of the
Lynwood City Code.
Section 2. The particular conditions of said property, which are hereby found
and determined'to constitute a nuisance, are described as follows:
1. Junk, trash and debris
2. Overgrown vegetation
3. Discarded items
4. Excessive graffiti
Section 3. It is further found and determined that the methods by which said
conditions could be abated include, but are not limited to, obtaining an Entry and
Abatement Warrant for the site, if deemed necessary by the City to perform the
foilowing:
a. Junk, trash and debris will be removed and properly disposed of.
b. Ali overgrown vegetation will be removed and properly disposed
of.
c. Discarded items wili be removed and properly disposed of.
d. Graffiti Abatement
Section 4. The owner of said property, the DP Fund, LTD Etal/Ms. Eleanor
Carder, is ordered and directed to take said steps to abate said nuisance.
Section 5. If the prope owners fail to take the ste s as rovided in this
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resolution within five (5) days after the date this resolution is posted upon said property,
the City of Lynwood shall immediately cause the same to be abated by City personnel
or private contractor and such personnel or persons under contract are ex ressl
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authorized to enter upon the premises for such purposes.
Section 6. The Director of Development Services is authorized and directed to
post conspicuously at least one copy of this Resolution on the subject property and to
send another copy of this Resolution by registered or certified mail, postage prepaid,
return receipt requested, to the owner of said land to the name and address as it
appears on the last equalized assessment roll.
The failure of any owner or other person to receive such notice shall not affect in any
manner the validity of any proceedings take under this resolution.
Section 7. In the event the City of Lynwood causes the aforementioned
nuisance to be abated by City personnel or private contractor, the owner of the
premises shall be liable to the City. All costs incurred in the abatement efforts shall
constitute a special assessment against the subject property upon approval from City
Council, and a Notice of Special Assessment shall be recorded against the premises
pursuant to Section 3-13.11 of the Lynwood Municipal Code.
Section 8. Notice is hereby given that on October 5, 2010 at the hour of 5:00
p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any
and all persons having any objections or protests to said proposed work were given the
opportunity to appear before said City Council and show cause why said proposed work
should not be carried out in accordance with said Act.
Section 9. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 5 day of October, 2010.
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Maria T. Santillan, Mayor
ATTEST:
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Maria Quinonez; City Clerk Roger L Haley, ity Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Fred Galante, C,ity Attorney Jon �han Colin, Director of
� D lopment Services
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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 S� day of October, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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Maria Quinonez, Gity Clerk
STATE OF CALIFORNIA )
� SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2010.204 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 5� day of October,
2010.
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Maria Quinonez, City Clerk