Resolution No. 3354363
RESOLUTION NO. 3354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT THE CONTINUING VIOLATION OF THE CITY CODE
AND APPROVED TRACT MAP AT THE MIDWOOD MANOR TOWNHOMES
CONSTITUTES A PUBLIC NUISANCE, AND ORDERING THE
ABATEMENT THEREOF.
WHEREAS, Resolution No. 3310 was adopted on October 26,
1987, declaring that the continuing violation of the City Code
and the Approved Tract Map at the Midwood Manor Townhomes
constitutes a public nuisance and further declaring the intention
of the City of Cypress to provide for the abatement thereof, and
setting a public hearing thereon; and
WHEREAS, notice to abate the public nuisance was posted and
given in the manner and form prescribed by law; and
WHEREAS, at such public hearing the City Council of the City
of Cypress heard and considered all objections to such abatement;
and
WHEREAS, such nuisance was not abated pursuant to such
notice.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
1. That all relevant Sections of the Code of the City of
Cypress, specifically including Sections 13 -13 to 13 -17, relating
to the declaration of a public nuisance have been followed.
2. That all objections to the proposed abatement are
overruled.
3. The Planning Director is ordered to abate such nuisance,
if not abated by the property owner within forty -five (45) days,
by:
a. Certifying that the nuisance has been completely and
satisfactorily abated; or
b. Causing a permanent barrier to be erected which will
prevent parking in the area designated as open space on the
Approved Tract Map; or
c. Certifying that Midwood Manor Townhomes Association,
Inc. complies with the seven -point plan as stated in their
attorney's letter dated March 9, 1977; or
d. Certifying that a parking plan approved by the City
Council which had previously been approved by Midwood Manor
Townhomes, Inc. and a four - fifths vote of the adjacent
property owners listed by address as follows:
4092, 4102 and 4122 Marion Avenue
10401 and 10411 Santa Elise Street
4. That it is the intention of this Council to assess the
cost of such abatement as a special assessment against the
parcel, and declare such cost to be a lien thereon.
5. That upon receipt and investigation by the City Planning
Department of further complaints on the above referenced
violation, which constitutes a public nuisance, abatement by the
City is authorized as a continuation of that nuisance
constituting one and the same nuisance. Abatement may occur
within ten (10) days of the certified mailing of a notice of
violation to the Association's President, or Vice President, or
to the Association's management company representative. This
specifically provides for abatement of future violations as one
and the same violation and allows for abatement without further
public hearings and declarations by the City and /or the City
Council.
364
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 8th day of February
1988.
ATTEST:
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CITY CLERmoK F THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
af.,404/
YO OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 8th day of
February 1988, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: Coronado and Davis
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CITY CLERK
F THE C Y OF CYPRESS