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HomeMy WebLinkAbout5633 RESOLUTION NO. 5633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF REAL PROPERTY LOCATED AT 409 NORTH FIFTH ARCADIA, CALIFORNIA, AND PLACING A LIEN AGAINST THE PROPERTY, IF ABATEMENT AT CIlY EXPENSE IS REQUIRED WHEREAS, the City Council of the City of Arcadia, after a full and fair con- sideration of evidence and testimony received at a hearing on this matter on December 3, 1991, determined that the real property located at 409 North Fifth Avenue, Arcadia, California exists in a condition which violates sections of the Arcadia Municipal Code as set forth in the attached document incorporated as part of this Resolution; and WHEREAS, said Council finds that John Chen is responsible for the maintenance and condition of the property, which includes the real property and improvements located at 409 North Fifth Avenue, Arcadia, California, more particularly describ,~d as follows: Lot 8 of Tract 8209 and the north 17 feet of Lot 9 and 1/2 of the vacated alley adjacent to the north side WHEREAS, other than John Chen, there are no other person(s) in real or apparent charge and control of said premises; and WHEREAS, this Council, in accordance with the provisions of Sections 9407.1 and 9406.3 et seq of the Arcadia Municipal Code, can issue an Order to said responsi- ble parties to either repair, rehabilitate, demolish or otherwise bring said property into compliance with the provisions of the Arcadia Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9400 ET. SEQ. OF THE ARCADIA MUNICIPAL CODE AS FOLLOWS: -1- 5633 SECTION 1. That conditions exist on subject property that are substandard and unlawful pursuant to Arcadia Municipal Code Sections 9405 and 9402.3 and that the property, buildings and structures are maintained on subject property in violation of provisions applicable to such property, buildings and structures all of which constitute a public nuisance (Arcadia Municipal Code Sections 9402 and 9406). SECTION 2. The responsible parties are hereby ordered to abate the public nuisance as described herein within thirty (30) days of the date of this Resolution. SECTION 3. That the Building Official shall monitor and inspect work per- formed pursuant to the aforementioned Order of this Council, and shall determine whether such Order has been complied with within the time allotted, induding any extensions granted thereto. SECTION 4. That should the Building Official determine that such aforemen- tioned Order of this Council is not complied with within the time allotted, induding any extensions granted thereto, he shall cause said property to be rehabili- tated and/or abated as he shall deem advisable. All repairs, rehabilitation or abate- ment shall be accomplished under the supervision of the Building Official. SECTION 5. That the Building Official shall keep an account of the cost of such rehabilitation and shall render an itemized statement in writing to the City Clerk pursuant to Arcadia Municipal Code Section 9406.3. After the filing of this statement the City Clerk shall commence assessment procedures pursuant to Arcadia Municipal Code Section 9406.4 et. seq. SECTION 6. That the total cost for abating the conditions of the above premises as 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. -2- 5633 SECTION 7. That the City Attorney shall obtain whatever Court Order or warrants are necessary as a prerequisite to abating subject public nuisance on private property. SECTION 8. That the City Clerk shall certify to the adoption of this Resolution and that the Building Official shall cause it to be appropriately posted and served, and shall further cause a copy of the same to be forwarded to the City Council of the City of Arcadia. Passed, approved and adopted this 3rd day of December, 1991. Mayor of the City of Arcadia ATTEST: ~ Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that thl~ foregoing Resolution No. 5633 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 3rd day of December, 1991 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None of Arcadia ci -3- 5633