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HomeMy WebLinkAbout3516 RESOLUTION NO. 3516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,' CALIFORNIA, DETERMINING THAT THE KEEPING OF BIRDS AT 504 WEST LEMON AVENUE IN SAID CITY IN THE MANNER, LOCATION AND QUANTITY COMPLAINED OF CONSTITUTES A NUISANCE, AND SPECIFYING THE TIME AND MANNER WHEREIN SUCH KEEPING SHOULD BE SO ALTERED AS NOT TO CONSTITUTE A NUISANCE. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES' DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. That on May 22, 1962, pursuant to Section 4139.2 of the Arcadia Municipal Code, complaint was made to the City Manager by three or more persons that birds were being kept in such a location, in such quantities and in such a manner as to unreason- ably disrupt or disturb the peace and quiet of such persons and to interfere with the reasonable use of their property and the enjoy- ment of life by them, and unreasonably to cause detriment to their property and impairment of the value thereof, and to cause unreas- onable disturbance and annoyance to them. That pursuant to Section 4139.2 of the Arcadia Municipal Code, the City Manager thereupon caused to be made an investigation of the aforesaid complaint. That from such investigation the City Manager determined that the keeping of birds at 504 West Lemon Avenue in the City of Arcadia in the loca- tion, manner and quantity complained of unreasonably caused offense to the persons making complaint as aforesaid. That the City Manager did thereupon not:l,fy Louis E. Udlinek, the person owning, maintaining and in charge of said birds, that in the opinion of the City Manager such keeping and maintaining of birds constitutes a nuisance and ad- vised the said Louis E. Udlinekas to the manner and location wherein said birds may be kept without constituting a nuisance, to wit: -1- 3516 !fl. Construct a six (6) foot high masonry wall along the south line of the property known as 504 W. Lemon and a six (6) foot high masonry wall along the east anq west property lines of said property from the rear building line of the house at 504 W. Lemon Avenue to join with the wall on the south property line. "2. All pens for the keeping of birds or animals, shall be located at least twenty-five (25) feet from any property line." That for a period of ten (10) days after receipt of said notice said Loui8 E. Udlinek failed and refused to comply with any portion of said notice or advice from the City Manager, but instead filed a purported appeal from said notice and advice of the City Manager. SECTION 2. That upon the expiration of ten (10) days after receipt by Louis E. Udlinek of said notice and advice from the City Manager, the City Manager caused the written complaint upon which such investigation was made, together with a complete resume of the investigation made and the results thereof, together with a copy of the Maflager's notice and recommendations, to be presented to the City Council at its regularly scheduled meeting held July 3, 1962. That at sald meeting said City Council determined it to be in the public interest and fixed August 7, 1962, at 8:00 o'clock p.m. in the Council Chamber of the Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, as the time, date and place for a public hearing to be held on the matter of such complaint, investigation, report and recommendation. That notice of the date, time, place and purpose of such hearing was given by registered mail to all complainants and to said Louis E. Udlinek, the person owning, maintaining and in charge of the birds with respect to which complaint was thus made. That a copy of such notice was personally served upon the said Louis E. Udlinek. That the service of such -2- 3516 notice was completed at least ten (10) days prior to the time thus fixed for such public hearing. That at the hearing thus fixed and noticed the City Coun- cil received and considered the complete report and recommendations of the City Manager, and all relevant testimony concerning the keep- ing or maintaining of the birds complained of. That the said Louis E. Udlinek was personally present at said hearing but declined to testi- fy thereat. SECTION 3. That from the evidence presented at said hear- ing, this City Council does hereby determine that the keeping of the birds by Louis E. Udlinek at 504 West Lemon Avenue in the City of Arcadia, California, in the manner, location and quantity complained of constitutes a nuisance and does hereby specify that prior to December 7, 1962, Louis E. Udlinek shall alter the keeping of said birds in the following manner, to wit: 1. Said Louis E. Udlinek shall cause to be constructed a six (6) foot high masonry wall along the entire south line of the property known as 504 West Lemon Avenue in the City of Arcadia and a six (6) foot high masonry wall along the east and west property lines of said property extending from the said wall on the south property line to the rear building line of the house at 504 West Lemon Avenue. 2. Saie! Louis E. Udlinek shall cause all pens for the keeping of birds or animals to be relocated to a point at least twenty-five (25) feet from any property line of the lot known as 504 West Lemon Avenue in the City of Arcadia. SECTION 4. That the keeping of birds or animals at 504 West Lemon Avenue in the City of Arcadia on and after December 7, 1962, less than twenty-five (25) feet from any property line of said -3- 3516 lot or without the prior construction of the walls required by and des.c:ribed in the preceding Section 3 hereof shall constitute a m1s- demeanor and shall be liable to prosecution. SECTION 5. Within forty-eight hours after the adoption hereof, the City Manager shall cause a'certified copy hereof to be served upon each person owning, maintaining or in charge of any birds or animals hereinbefore described, by personal service thereof on each such person if he can be found within the City, or if he cannot be so found, then by posting a certified copy hereof in a conspicuous place upon the premises known as 504 West Lemon Avenue in the City of Arcadia. SECTION 6. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 2lst day of August , 1962, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Reibold, Turner and Phillips NOES: None ABSENT: Councilman Butterworth ~~ih1/~ City Clerk of the'Ci y of rca ia ATTEST: ~~g~v.S~ Ci y Clerk ' (SEAL) August , 1962. SIGNED AND APPROVED this ~ Mayor Pro rcadia -4- 3516