HomeMy WebLinkAboutResolution No. 3618RESOLUTION NO. 3618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING THE APPEAL FILED BY MR. LESTER KUTY OF THE
PUBLIC WORKS DIRECTOR'S DECLARATION THAT A PUBLIC
NUISANCE EXISTS AT 10531 GRETA CIRCLE IN CYPRESS, CALIFORNIA.
WHEREAS, numerous complaints regarding conditions of the property
located at 10531 Greta Circle in Cypress were received by the City; and
WHEREAS, inspection of the property by City personnel revealed
that said property was being maintained in such a condition as to
constitute a public nuisance; and
WHEREAS, the Director of Public Works declared the property a
public nuisance after numerous letters and contacts by City staff
failed to achieve voluntary abatement by the property owner or agent
thereof; and
WHEREAS, Notice to Abate the Public Nuisance was posted and given
in the form and manner prescribed by law; and
WHEREAS, during the period for appeal of the public nuisance
declaration, an appeal was timely filed by Mr. Lester Kuty, agent of
the property owner; and
WHEREAS, a duly noticed public hearing was held on August 28, 1989
by the Cypress City Council on the merits of the appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
1. That the City Council denies Mr. Lester Kuty's appeal of the
Public Works Director's declaration of a public nuisance at
10531 Greta Circle in Cypress, California.
2. That the City Council bases its determination and order upon
all evidence presented at the public hearing, and specifically
upon the following findings of fact:
a. The accumulation of materials on the property constitutes
a fire hazard, both to the property itself and to
surrounding properties;
b. The condition of the property adversely affects the
property values of the surrounding neighborhood;
c. The materials stored on the property may attract children
and result in serious injuries;
d. The accumulation of materials increases the possibility
of rat infestation; and
e. The accumulation of materials is injurious to the health,
safety and general welfare of the surrounding neighbors.
3. That the property owner and agent thereof are hereby ordered
to abate said public nuisance within fourteen (14) days of the
adoption of this Resolution.
4. That should the property owner or agent thereof fail to fully
abate said public nuisance within said fourteen (14) day
period, the City Attorney is directed to file an action in
Superior Court to compel abatement or authorize the City to
abate the same.
5. That upon receiving said Court Order, the Public Works
Director is ordered to cause said public nuisance to be
abated.
6. That it is the intention of this City Council to assess the
costs of the abatement proceedings as a special assessment
against the parcel of property located at 10531 Greta Circle,
Cypress, California, and to declare such costs to be a lien
thereon.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the llth day of September 1989.
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MA/%' OF THE CITY OF CYPRESS
ATTEST:
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of the said City Council held on the llth day of September
1989; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF HE CIT OF CYPRESS