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HomeMy WebLinkAbout5500 . . ~ -. , . ~ . , , . 1 , . . . 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 -1- 5500 . . ~ .. . . , . . . . . . . 1 . . 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. -2- 5500 . . , . . . . . . 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 -3- 5500 . .7 ,.. .... " . . . . . L . .. . - ... . . 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 -4- 5500 . . . .. . , .- . , ,. . . . .. . 1 . ,. .. 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 ~rl'JJ ~~ Cierk of the ty of Arcadia -5- 5500