Resolution No. 932RESOLUTION N0.932
45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY
TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER
13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT
OF THE SAME BY THE OWNER THEREOF.
WHEREAS, the City Council of the City of Cypress, on November 12, 1968,
adopted Resolution No. 914, pursuant to the provisions of Section 13 -15 of
the Cypress City Code, finding that the premises described therein may have
been maintained in such a way as to constitute a nuisance, as defined in
Section 13 -14 of the Cypress City Code, and declaring its intention to
conduct a public hearing to ascertain whether the same constituted such a
nuisance, pursuant to the provisions of such article; and
WHEREAS, said Resolution described such premises by officially or
commonly known street address, and by assessor's parcel number and /or by a
legal description thereof, and described the conditions which may have con-
stituted such a nuisance, and stated the proposed methods of abatement; and
WHEREAS, such resolution set the time and place for such public hearing
on the 23rd day of December, 1968, at 8:00 p.m. at the City Council Chambers
at 5275 Orange Avenue, Cypress, California; and
WHEREAS, on December 4, 1968, within thirty (30) days after the pas-
sage of said resolution by the City Council, the City Clerk caused to be
served upon the owner of such premises a certified copy of said resolution
and a notice of the time and place of such hearing, by registered /certified
mail, addressed to such owner at the last known address of such owner, as
follows:
Richard B. Dodge
Shermore Corporation
1010 North Main Street
Santa Ana, California
and,
WHEREAS, on December 9, 1968, at least ten (10) days before the time fixed
for such hearing, the City Clerk caused a certified copy of said resolution, and
a notice of the time and place of such hearing to be conspicuously posted on
such premises; and
WHEREAS, such public hearing was duly held at the time and place stated
in said resolution, and the Council heard and considered all relevant evidence,
objections or protests and received testimony from owners, witnesses, city
personnel and interested persons relative to such alleged nuisance and to the
proposed rehabilitation, repair or demolition of such premises.
NOW, THEREFORE, the City Council of the City of Cypress hereby does
FIND, DECLARE AND RESOLVE as follows:
1. That the premises located at 4505 to 4599 Orange Avenue, comprising
of Assessor's Parcel No. 244 - 013 -54, and legally described as Lot 28 of
Tract No. 5237 in the City of Cypress, California, as maintained, constitutes
a nuisance, as defined in Article III of Chapter 13 of the Cypress City Code.
2. That there is sufficient cause to abate such nuisance by re-
habilitation, demolition, or repair.
3. That the owner of such premises hereby is ordered to abate such
nuisance within thirty (30) days from the date of mailing of the notice to
said owner as provided in Section 8 hereof, as follows:
Remove and haul away all trash and debris including various piles of
tree branches, old couches, broken concrete, broken asphalt, broken bed
springs and other weeds, rubbish and debris.
RESOLUTION NO. 932
4. That if such nuisance is not abated completely by such owner, in
the manner set forth in the preceding Section 3, within such thirty (30)
day period, the Public Works Director of the City of Cypress is directed
immediately to cause the same to be abated by city personnel or private
contract in such manner.
5. That such city personnel or persons under private contract for the
abatement of such nuisance as provided herein, are expressly authorized to
enter upon such premises for such abatement purposes.
6. That if such nuisance is abated pursuant to the provisions of the
preceding Section 4, such personnel or persons who abated the nuisance shall
keep an account of the costs of such abatement, and submit an itemized
written report showing such costs to the City Council for confirmation, pur-
suant to the provisions of Section 13 -20 of the Cypress City Code.
7. That pursuant to the provisions of said Section 13 -20 and of
Section 38773.5 of the Government Code of the State of California, the total
costs of such abatement, including all administrative costs, shall constitute
a special assessment against such premises. Such special assessment shall
be collected in the same manner and at the same time as ordinary municipal
taxes are collected, and shall be subject to the same penalties and the
same procedures and sale in case of delinquency as provided for ordinary
municipal taxes.
8. That the City Clerk shall cause a certified copy of this resolution
immediately to be served upon the owner of such premises, by registered or
certified mail, addressed to such owner at his last known address. Such
owner shall have the right to abate such nuisance in accordance with the
provisions of Section 3 of this resolution, at his own expense, provided
that the same is completed prior to the expiration of the thirty -day abate-
ment period provided in Section 3 hereof. Upon the completion of such
abatement, proceedings hereunder shall terminate.
PASSED AND ADOPTED by the City Council of the City of Cypress at an
adjourned regular meeting held on the 30th day of December, 1968.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CI OF CYPRESS
CITY CLERK OF THE
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was adopted at an adjourned regular meeting
of the said City Council held on the 30th day of December, 1968, by the
following vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen
0 COUNCILMEN: None
0 COUNCILMEN: None
CITY 6LERK OF THE CITY OF CYPRESS
RESOLUTION NO. 932