Resolution No. 3619RESOLUTION NO. 3619
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 AUGUST 28, 1989 DECLARATION
THAT A PUBLIC NUISANCE EXISTS IN THE REAR
AND SIDE YARD PORTIONS AS WELL AS ON THE
ROOF OF THE PROPERTY 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, an inspection of the property pursuant to
an Inspection Warrant by City and County personnel on August
23, 1989 revealed that, in the opinion of the Director of
Public Works, the rear and side yard portions of the
property as well as the roof, are 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 on August 28, 1989 and gave
notice thereof by posting the property, by personal service
on Mr. Lester Kuty, and by first class mail to the property
owner; 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
September 25, 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 AND
AS FOLLOWS:
1. That the City Council denies Mr. Lester Kuty's
appeal of the Public Works Director's August
28, 1989 declaration of a public nuisance in
the rear and side yards as well as the roof,
(hereinafter 'the Property') 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 lumber, junk, trash
and other abandoned, discarded or unused
objects existing on the property
constitutes a fire hazard, both to the
property itself and to surrounding
properties;
(b) The fire hazard is excerbated by the
maintenance of combustibles on the
property;
(c) That the existence of used open paint can
and car batteries on the property pose
both a fire and health risk to the
property owner, surrounding neighborhood,
and especially to children;
(d) The accumulation of lumber, junk, trash
and other abandoned, discarded or unused
objects stored on the property may
attract children and result in serious
injuries;
(e) Both the Orange County Vector Control and
the Orange County Health Care Agency have
found that the accumulation of lumber,
junk, trash and other abandoned,
discarded or unused objects is harboring
and causing rat infestation on the
property;
(f)
(g)
The accumulation of lumber, junk, trash
and other abandoned, discarded or unused
objects is injurious to the health,
safety and general welfare of the
surrounding neighbors; and,
That the trenches, footing, and
protruding rebar (cement reinforcing
rods) pose a hazard to movement
throughout the yard and would pose a
particular hazard to emergency crews in
the event of a fire or similar emergency.
(h) The condition of the property adversely
affects the property values of the
surrounding neighborhood;
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.
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PASSED AND ADOPTED by the City Council of the City
of Cypress at a regular meeting held on the 25th day
of September , 1989.
ATTEST:
CITY CLERK O4HE O'ITY OF CYPRESS
OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 25th 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
ABSTAINED: 0 COUNCIL MEMBERS:None
ABSENT:
0 COUNCIL MEMBERS:None
ari CITY CLERK 0 THE CITY OF CYPRESS