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HomeMy WebLinkAbout5439 -.- - - -I. ~~ RESOLUTION NO. 5439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE REHABILITATION OF OR DEMOLmON OF REAL PROPERTY LOCATED AT 162-164 EAST HUNTINGTON DRIVE, CALIFORNIA, OWNED BY JOHN E. AND WILLIAM T. V ANDERBUR 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 162-164 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 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 John E. and William T. Vanderbur are the owners of record responsible for the maintenance and condition of the property which includes the real property and improvements located at 162-164 East Huntington Drive, Arcadia, California, more particularly described as follows: West 40' of Lot 21, Block 72 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California as per Miscellaneous»Records 15, page 89 in the County Recorder's Office. -1- 5439 \, - . ..... -- ~ --- 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 John E. and William T. Vanderbur at Box 512, Corona, California. WHEREAS, there are no other owners 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 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 -2- 5439 ,,- -~ .~__ -- -..r---- - -~ -'I' 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 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 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 5. 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. /~~ Mayor of the City of Arcadia ATTEST: '''' ., r -3- 5439 " 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: NOES: ABSENT: Councilmember Chandler, Gilb, Lojeski, Young and Harbicht None None Ci~th1ci~~a -4- 5439