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HomeMy WebLinkAbout5662 RESOLUTION NO. 5662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE NUISANCE ABATEMENT OF REAL PROPERTY LOCATED AT 368 WEST PALM DRIVE, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 9406.5,9406.6, AND/OR 9406.9 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 5, 1992, determines that the real property located at 368 West Palm Drive, 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 Yu Sin and Ming Yu Chang responsible parties for the maintenance and condition of the property, which includes the real property and improvements located at 368 West Palm Drive, Arcadia, California, more particularly described as follows: The east 40 feet of Lot 51 and the west 40 feet of Lot 52 of Tract 13188 WHEREAS, other than Yu Sin and Ming Yu Chang 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, abate, demolish or otherwise bring said property into compliance with the provisions of the Arcadia Municipal Code; and WHEREAS, on May 4, 1992, a Notice of Public Nuisance and Order to Abate was sent certified mail and regular mail to Yu Sin and Ming Yu Chang and the subject property was posted with said notice. -1- 5662 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 Nos. 8,9, 12 and that the property is maintained on subject property in violation of provisions applicable to such property, all of which constitute a public nuisance (Arcadia Municipal Code Sections 9402 and 9406). SECTION 2. The responsible parties are hereby ordered to abate the public nuisance as described herein within fifteen (IS) 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. The public nuisance described herein is deemed to be a continuing nuisance, and to the extent the nuisance conditions that are subject to this resolution reoccur on subject property, the terms of this resolution apply and subsequent abatement proceedings are authorized pursuant to this Resolution. 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 nuisance to be abated as he shall deem advisable. All repairs 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 nuisance abatement and shall render an itemized statement in writing to the City Clerk pursuant to Arcadia Municipal Code Section 9406.3. After the filing of -2- 5662 this statement the City Clerk shall commence assessment procedures pursuant to Arcadia Municipal Code Section 9406.4 et. seq. 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., 9406.6 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 19th da ,.\. e City of Arcadia ATTEST: Cit ~_// -3- 5662 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. 5662 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 19th day of May, 1992 and that said Resolution was adopted by the following vote, to wit: A YES: Council Members Ciraulo, Harbicht, Lojeski, Margett, Fasching NOES: None ABSENT: None -4- 5662