Resolution No. 1055RESOLUTION NO. 1055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE
MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND
DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO
ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE,
THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS
OF ARTICLE 3, CHAPTER 13, OF THE CYPRESS CITY CODE,
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1, Report and Recommendation
On March 23, 1970, the City Council of the City of Cypress received
a report of the Planning Director that certain premises within the City
may be maintained in such a way as to constitute a nuisance as defined in
Section 13 -14 of the Cypress City Code and a recommendation to abate same.
Section 2. Description of Premises
Such premises involved is described, by reference to the officially or
commonly known street address, and, further, by reference to the Assessor's
parcel number as follows:
Property generally located on the south side of Lincoln
Avenue approximately 164' east of Denni Street, AP #244-
351-04, 05, 06
Section 3. Description of Conditions
The conditions which may constitute such a nuisance are described as
follows:
The area is approximately one acre of land covered
completely with discarded tin cans, bottles, and
cardboard boxes to an average height of ten feet.
The cans are coated with coal tar paint by a cold
dipping process. Numerous flies are present, par-
ticularly on cans containing food residues. Numerous
fruit flies have been found in the area and the area
where the cans are stored is covered with cardboard
and other material which from time to time is saturated
with water. All cans which are not inverted fill with
water from time to time during the rainy season,
thereby allowing for a potential mosquito breeding
hazard. The operation is being conducted in a H -C
(Highway Commercial) zone which does not permit the
use of the property for manufacturing purposes. This
use was established after the zoning of the property to
Highway Commercial. The proprietor of the operation has
been notified by the Planning Department on six occasions
without any noticeable change in the amount of work being
done on the property.
Section 4. Recommended Abatement
The recommended methods of abatement are stated as follows:
That the illegal manufacturing and reclamation of the
tin cans cease within 90 days of the public hearing
which declares the use a public nuisance. All tin
cans, cardboard, and other residual materials shall
be removed from the premises at that time.
Section 5. Nuisance
The City Council of the City of Cypress hereby finds, based upon such
report and recommendation that such premises may be maintained in such a way
as to constitute a nuisance, as defined in Section 13 -14 of the Cypress City
Code,
Section 6, Hearing
The City Council of the City of Cypress hereby declares its intent to
conduct a public hearing on the 11th day of May, 1970, in the City Council
Chambers at 5275 Orange Avenue, Cypress, California, at 8 :00 p.m. to ascertain
whether the same constitutes such a nuisance, the abatement of which is
appropriate under the provisions of Article III of Chapter 13 of the Cypress
City Code. At such hearing, the City Council will hear and consider all
relevant evidence, objections, or protests, and receive 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.
Section 7. Notice
Within thirty (30) days after the passage of this Resolution by the City
Council of the City of Cypress, the City Clerk is directed to cause to be
served upon the owner of such premises, a certified copy of this Resolution,
and a notice of the time and place of hearing before the Council. Such ser-
vice shall be made by registered or certified mail, addressed to such owner
at the last known address of such owner.
The City Clerk also is directed to cause to be conspicuously posted on
such premises a certified copy of this Resolution, and a notice of the time
and place of hearing before the Council, at least ten (10) days before the time
fixed for such hearing.
PASSED AND ADOPTED by the City Council of the City of Cypress,at a
regular meeting held on the 23rd day of March, 1970.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
('
CITY CLERK OF THE CITY OF CYPRESS
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 adopted at a regular meeting of the said
City Council held on the 23rd day of March, 1970, by the following roll
call vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLERK OF THE CITY OF CYPRESS