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HomeMy WebLinkAbout5789 RESOLUTION NO. 5789 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 331 E. HAVEN, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 203 OF THE UNIFORM BUILDING CODE AND SECTIONS 9405.8, 9405.5, and 9406.3 OF THE ARCADIA MUNICIPAL CODE. WHEREAS, the City Council of the City of Arcadia, after consideration of evidence and testimony received at a hearing on this matter on May 3, 1994, determines that the real property located at 331 East Haven 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 David Hsiao and Karen L. Chen are responsible for the maintenance and condition of the property, which includes the real property and improvements located at 331 East Haven Avenue, Arcadia, California, more particularly described as follows: Lot 6 and East 25 feet of Lot 7, Tract # 12181 WHEREAS, other than David Hsiao and Karen L. Chen, there appears to be 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; and WHEREAS, on April 12, 1994 and April 22, 1994, a Notice of Public Nuisance and Order to Abate was sent certified mail and regular mail to David Hsiao and Karen L. Chen and the subject property was posted with said notice. -1- 5789 . 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: SECTION 1. That conditions exist on subject property that are substandard and unlawful pursuant to Arcadia Municipal Code Sections 9405.8, 9405.5, and Section 203 of the Uniform Building Code and that the property, buildings, and swimming pool 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 9405 and Section 203 of the Uniform Building Code). SECTION 2. The responsible parties are hereby ordered to abate the public nuisance as described herein within fifteen (15) 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, including 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, including 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. -2- 5789 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 shall be collected as set forth in Arcadia Municipal Code Sections 9406.5., 9406.3, 9406.6 and/or 9406.9. 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. Passes, approved and adopted this 3 day of May, 1994. 7?}/7~#fttf:~77/ Mayor of t City ot rcadia ATTEST: /' ~ -3- 5789 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 the foregoing Resolution No. 5789 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 on the 3 day of May, 1994 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Kuhn, Lojeski, Margett and Young NOES: None ABSENT: Council Member Chang -4- 5789