Resolution No. 364117 y.
RESOLUTION NO. 3641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING THE APPEAL FILED BY MR. LEO BLACK OF THE
PLANNING DIRECTOR'S SEPTEMBER 18, 1989 DECLARATION THAT
A PUBLIC NUISANCE EXISTS ON THE DRIVEWAY AT 4802 NEW
MEXICO LANE IN CYPRESS, CALIFORNIA
WHEREAS, a complaint regarding the condition of
the property located at 4802 New Mexico in Cypress,
(the "Subject Property "), was received by their City;
and,
WHEREAS, an inspection of the Subject Property
on April 7, 1989 revealed that, in the opinion of the
Director of Planning, the driveway portion of the
Subject Property was in violation of the City Code;
and,
WHEREAS, between the months of April 7, 1989 and
September 18, 1989, Planning Department Staff made
numerous efforts to achieve voluntary compliance with
the City Zoning Code; and,
WHEREAS, the Director of Planning declared the
Subject Property a public nuisance on September 18,
1989 and gave notice thereof by posting the Subject
Property, by personal service on Mr. Leo Black, and by
certified mail to the property owner; and,
WHEREAS, Notice to Abate 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. Leo Black, the property owner; and,
WHEREAS, a duly noticed public hearing was held
on October 30, 1989 by 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. Leo
Black's appeal of the Planning Director's
September 18, 1989 declaration of a public
nuisance on the driveway of the Subject Property,
4802 New Mexico Lane 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 /logs
existing on the property constitutes a fire
hazard to the Subject Property and to
surrounding properties;
(b) The accumulation and stacking of the
lumber /logs in excess of ten (10) feet
poses a safety hazard in the event the
supporting chain breaks;
(c) The stacking of the logs in the
driveway of the front yard without a fenced
enclosure makes the Subject Property
particularly attractive to children;
(d) The accumulation and stacking of
lumber /logs allows for the harboring of
rodents; and,
(e) The accumulation of lumber /logs is a
violation of Section 13- 14(h)(1) of the
Cypress City Code.
PASSED AND ADOPTED by the City Council of the
City of Cypress at an adjourned regular meeting held on the
30th day of October , 1989.
ATTEST:
CITY CLE F THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
4;/10404/f
OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the
foregoing ordinance was duly adopted at an adjourned
regular meeting of the City Council of the City of
Cypress, held on the 30th day of
October , 1989, by the following roll call
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
5 COUNCIL MEMBERS: Age, Bowman, Kanel
Kerry and Arnold
0 COUNCIL MEMBERS:None
0 COUNCIL MEMBERS:None
0 COUNCIL MEMBERS None
CITY CLERK F THE TY OF CYPRESS