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RESOLUTION NO. 5438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA
ORDERING THE REHABILITATION OF OR DEMOLmON OF REAL
PROPERTY LOCATED AT 135-137 EAST HUNTINGTON DRIVE,
CALIFORNIA, OWNED BY ORLANDO AND MARY-RITA DE PIETRO
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
August 16, 1988, made findings of act that the real property located at 135-137 East
Huntington Drive, exists in a condition which violates the following sections of the
Arcadia Municipal Code for the reasons stated below and therefore declared said
property to be a unsafe and a public nuisance pursuant to the provisions of Section
8130.1 of the Arcadia Municipal Code:
8130.1. Every building, structure, equipment or facility or any portion thereof
which is structurally unsafe or which is not provided with adequate egress or
which constitutes a fire hazard, or which is otherwise dangerous to human
life or which in relation to the existing use thereof constitutes a hazard to
safety or to health or to the public welfare, or which cannot be lawfully used
in its presently location or condition for any purpose for which it was
designed, intended or constructed, or which does not comply with one or
more provisions of the Code of other application law or regulation and
cannot be altered, repaired or relocated so as to make it so comply, or which by
reason of inadequate maintenance, dilapidation, obsolescence, abandonment,
continued, disuse, or other cause, constitutes either a hazard to safety, to
health, to public welfare or to the reasonable use and enjoyment of adjacent
properties or causes deterioration or depreciation of property values in the
immediate vicinity, is, for the purpose of this Section, declared to be an
unsafe building. All such unsafe buildings are hereby declared to be public
nuisances and shall be abated by repair, improvement, rehabilitation,
demolition, relocation or removal in accordance with the procedure specified.
WHEREAS, said Council found that Orlando and Mary-Rita DePietro are the
owners of record responsible for the maintenance and condition of the property
which includes the real property and improvements located at 135-137 East
Huntington Drive, Arcadia, California, more particularly described as follows:
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lot 10, Block 75, Arcadia Santa Anita Tract located in the City of Arcadia,
County of Los Angeles, State of California as per map recorded in
Miscellaneous Records 15, page 89 in the County Recorder's office of said
county.
WHEREAS, the owners or record holders of any estate or interest in or to the
building or the land upon which the building is located are Orlando and Mary-Rita
DePietro 37 East Huntington Drive, Arcadia, California.
WHEREAS, there are no other owners or holders of any lease or record or
record holders of any other estate in interest in or to the buildings 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
WHEREAS, this Council, in accordance with the provisions of Section 8130.1
of the Arcadia Municipal Code, sent a notice to said responsible property owners
regarding said meeting; and
WHEREAS, the Council has made certain findings to be reflected in Section 5
of this Resolution; and
THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY FIND, DETERMINE AND RESOLVE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 8130.1 OF THE ARCADIA MUNICIPAL CODE AS
FOllOWS:
Section 1. The property owner or persons(s) in possession of or using said
building shall commence, within forty-eight (48) hours after receiving written
notice of the City Council's determination, the repair, improvement, rehabilitation,
demolition, relocation or removal of the unsafe building. All work shall be
completed within ninety (90) days from the date of such notice, unless the Building
Official in writing and for good cause extends the time of completion. 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, including any extensions granted
thereto. Such determination shall be made with any benefit of doubt granted to the
owners of said property.
Section 2. That should the Building Official determine that the
aforementioned Order of this Council is not complied with within the time allotted,
including any extensions granted thereto, he shall cause said property to be
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rehabilitated and/ or abated as he shall deem advisable. All repair, rehabilitation, or
abatement, shall be accomplished under the supervision of the Building Official.
Section 3. That the Building Official, shall keep an account of the cost of such
rehabilitation and shall upon completion of the work prepare and transmit to the
City Council a statement of the costs and expenses of such work which cost and
expenses shall include administrative overhead expenses and the cost of giving any
notices pursuant to any of the provisions of this Section. The Building Official shall
also transmit, by registered mail or by personal delivery, a copy of such statement of
costs and expenses to the person against whom the same is to be charged, 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 ten (10) 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 4. That the total cost for abating the conditions of the above premises
as so confirmed by the City Council after opportunity for the persons being assessed
to be heard, 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.
Section S. Findings.
That the City Clerk shall certify to the adoption of this Resolution and shall
cause a copy of this Resolution to be served to the property owners.
Passed, approved and adopted this 16th day of August, 1988.
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Mayor of the City of Arcadia
ATTEST:
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C erk of the . y of Arcadia
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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. 5438 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.16th day of August, 1988, and that said
Resolution was adopted by the following vote, to-wit:
AYES: Councilmember Chandler, Young and Harbicht
NOES: Councilmember Gilb and Lojeski
ABSENT: None
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erk of the Ci of Arccil:tia
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