HomeMy WebLinkAbout7085RESOLUTION NO. 7085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DETERMINING THAT THE BUILDING OFFICIAL SHALL
PROCEED IN ACCORDANCE WITH THE NOTICE TO ABATE
PROPERTY MAINTENANCE VIOLATIONS AT 1105 RODEO ROAD
WHEREAS, the City Council of the City of Arcadia ( "City Council ") has
determined that the City of Arcadia ( "City ") has an extensive and widely- recognized
history and reputation for well -kept properties and that the general welfare of the City is
founded, in part, upon the appearance and maintenance of properties; and
WHEREAS, the City Council has determined that the keeping or maintaining of
properties at variance with the level of maintenance of surrounding properties will result
in substantial diminution in the enjoyment, use, aesthetic and property values of such
surrounding properties; and
WHEREAS, the City Council has determined that it is desirous to enhance and
promote the maintenance of property and the enhancement of the livability, community
appearance, and the social economic conditions of the community; and
WHEREAS, the City Council has further determined that the uses and abuses of
property as described in Chapter 4 of Article IX of the Arcadia Municipal Code
reasonably relate to the proper exercise of the police power to protect the health, safety
and general welfare of the public; and
WHEREAS, the City Council has determined that the provisions prescribed in
Chapter 4 of Article IX of the Arcadia Municipal Code will enhance the appearance and
value of such properties rather than be a burden on the owners thereof; and
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WHEREAS, the strong role of aesthetic concerns as justification for the exercise
of the police power has been reemphasized by the United States Supreme Court in the
case of Members of City Council v. Taxpayers for Vincent, 104 S. Ct. 2118 (1984); and
WHEREAS, that unless corrective measures of the type set forth in Chapter 4 of
Article IX of the Arcadia Municipal Code are undertaken to alleviate such existing
conditions, the public health, safety and general welfare, and the property values and
social and economic standards of this community, will be substantially depreciated, and
the abatement of the conditions will enhance the environment of the residents of the
City; and
WHEREAS, the abatement procedures set forth in Chapter 4 of Article IX of the
Arcadia Municipal Code are reasonable and afford a maximum of due process and
procedural guarantees as to the affected property owners; and
WHEREAS, a Notice to Abate, in accordance with the procedures in Chapter 4 of
Article IX of the Arcadia Municipal Code, was issued to the owner and occupant of the
property situated in the City of Arcadia at 1105 Rodeo Road for the abatement of the
following property maintenance violations concerning substandard /unlawful conditions
which are deemed to be a public nuisance:
• Weeds or dead vegetation on premises or adjacent parkways; and
• A lack of maintenance of buildings, structures and landscaping, including
lawns, trees, and shrubbery, which results in conditions out of harmony or conformity
with the maintenance standards of adjacent property; and
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WHEREAS, the owner and occupant filed an appeal to the City Council
concerning the Notice to Abate in accordance with the provisions in Chapter 4 of Article
IX of the Arcadia Municipal Code; and
WHEREAS, at the regular meeting of the City Council on July 21, 2015, a
hearing was held by the City Council on the appeal of the requirements set forth in the
Notice to Abate; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the associated staff report are true and correct.
SECTION 2. That the requirements set forth in the Notice to Abate are
reasonable and necessary to preserve the enjoyment, use, aesthetic and property
values of the surrounding properties, and the public health, safety, general welfare, and
the social and economic standards of this community.
SECTION 3. That if the owner and occupant of the subject property, 1105
Rodeo Road, in the City of Arcadia, does not comply with the requirements of the Notice
to Abate within ten (10) days of the adoption of this Resolution, the Building Official shall
proceed in accordance with the Notice to Abate as issued.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 21st day of July , 2015.
ATTEST:
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APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7085 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 21St day of July, 2015 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo
NOES: None
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City Clerk of the City of Arcadia