Resolution No. 1073RESOLUTION NO. 1073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FFINDING 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 March 23, 1970, adopted
Resolution No. 1055, 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 thereof, and described the
conditions which may have constituted 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 11th day of May, 1970 at 8:00 p.m. at the City Council Chambers at 5275 Orange
Avenue, Cypress, California; and
WHEREAS, on April 3, 1970, within thirty (30) days after the passage 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:
Mr. Manuel Coelho
4552 Lincoln Avenue
Cypress, California
and
WHEREAS, on April 27, 1970, 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, ob-
jections or protests and received testimony from owners, witnesses, city personnel
and interested persons relative to such alleged nuisance and to the proposed re-
habilitation, 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 generally located on the South side of Lincoln Avenue
approximately 164 feet East of Denni Street in the City of Cypress, commonly
known as 4552 Lincoln Avenue, Cypress, California and comprising Assessor's
Parcel No's, 244- 351 -04, 244- 351 -05 and 244 - 351 -06, 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 rehabilitation,
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:
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a. Remove all empty used food or food product cans, dried Christmas trees,
cardboard boxes, broken lumber, inoperative automobiles and all other
debris, rubbish and trash from the premises described in Section 1
hereof; and
b. Demolish and remove the most northerly building constructed entirely
of wood and used for storage of miscellaneous materials and equipment
on such premises; and
c. Demolish and remove, or rehabilitate by compliance with current City
building, plumbing, electrical and fire prevention codes, the most
westerly building with adobe walls and wood roof on such premises; and
d. Install approved cap on all open sewer vents; and
e. Remove all extension cords and non - metallic wiring from ground on such
premises.
4. That is 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 is 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, pursuant
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 abatement 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 27th day of May, 1970.
ATTEST: MAYOR F THE CTYOF CYPRESS
CITY CL 3tK OF THE CITY OF CYPRESS
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 27th day of May, 1970, by the following vote:
AYES: 2 COUNCILMEN: Roberts, Kanel
NOES: 1 COUNCILMAN: Harvey
ABSTAINED: 2 COUNCILMEN: Kanode,Lacayo
CITY CLERK OF THE' CITY OF CYPRESS