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RESOLUTION NO. 5500
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DECLARING A
PUBLIC NUISANCE AND ORDERING THE REHABILI-
TATION OF REAL PROPERTY LOCATED AT 130
BONITA STREET, ARCADIA, CALIFORNIA, OWNED
BY MICHAEL AND BARBARA GIDDEN, AT CITY'S
EXPENSE AND PLACING A LIEN AGAINST THE
PROPERTY PURSUANT TO THE PROVISIONS OF THE
ARCADIA MUNICIPAL CODE
WHEREAS, the City Council of the City of Arcadia, after a
full and fair consideration of evidence and testimony received at
a hearing on this matter on September 5, 1989, made findings of
fact that the real property located at 130 Bonita Street,
Arcadia, California, exists in a condition which violates the
following restated sections of the Arcadia Municipal Code for the
reasons
below and therefore declared sai d property to be a
public nuisance pursuant to the provisions of the Arcadia
Municipal Code:
9405(6) Exterior painting of structure not completed.
9405(12) Lack of maintenance of landscape and building not
in conformity with adjacent properties.
WHEREAS, said Council found that Michael and Barbara Gidden
are the owners of record responsible for the maintenance and
condition of the property, which includes the real property and
improvement located at 130 Bonita Street, Arcadia, California.
WHEREAS, there are no other owners or holders of any lease
of record or record holders of any other estate in interest in or
to the bui Iding or the land upon. which they are located, and
there is no person in real or apparent charge and control of said
premises except said responsible owners of record; and
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WHEREAS, the City has issued Orders to said responsible
property owners 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 AS FOLLOWS:
SECTION 1. FINDINGS. A public nuisance exists at 130
Bonita Street because:
a. The property is in a state of disrepair, vegetation is
dead, landscaping is nil, and the house on the property has a
partial paint job and is substantially unpainted.
b. The above condi tions are unlawful, substandard
conditions as set forth in Arcadia Municipal Code Sections
9405(6), 9405(8). 9405(12) and related sections.
c. The above referred to condi tions and violations are a
pubH c nui sance because violations of the Municipal Code are
deemed a public nuisance, real property violations per Arcadia
Municipal Code Section 9405 are deemed a public nuisance, and the
conditions described above are inconsistent with the attached
findings set forth in Arcadia Municipal Code Section 9401
incorporated as part of this Resolution.
SECTION 2. The Counci 1 orders and directs the property
owner jointly and severally to abate the nuisance conditions set
forth herein by:
1. Removing all debris, dead vegetation and weeds from the
property.
2. Commencing steps to restore and maintain grass,
vegetation and landscaping.
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3. Complete painting of the house in an acceptable manner
to the City Building Official.
4. Steps 1 and 3 are to be completed within ten (10) days
of the adoption of this Resolution.
5. Step 2 is to commence to the satisfaction of the
Building Official within ten (10) days of the adoption of this
Resolution.
SECTION 3.
That the Building Official shall monitor and
inspect work performed pursuant to the aforementioned Order of
this Council, and shall determine whether such Order has been
complied with within the time allotted.
SECTION 4. That should the Building Official determine that
the aforementioned Order of this Council is not complied with
within the time allotted, he shall cause said property to be
rehabilitated and/or abated as he shall deem advisable. All
repairs, rehabilitation or abatement 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
report in writing to the City Council for confirmation; a copy of
said report shall be posted upon the premises and served upon the
owners of said property at least five (5) days prior to
submitting the same to the City Council, and proof of posting
shall be made by affidavit filed with the City Clerk.
SECTION 6. That the total cost for abating the conditions
of the above premises as so confirmed by the City Council, shall
consti tute a special assessment against the respective lot or
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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.
SECTION 7. 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 5th day of September,
1989.
Mayor
ATTEST:
Ci
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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. 5500
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 5th day of September, 1989 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler
NOES: None
ABSENT: None
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Cierk of the ty of Arcadia
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