Resolution No. 3362384
RESOLUTION NO. 3362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SETTING A PUBLIC HEARING TO DETERMINE WHETHER AN UNSCREENED
SECOND -STORY PATIO ENCLOSURE AT 11444 TORTUGA IN THE CITY OF
CYPRESS CONSTITUTES A PUBLIC NUISANCE AND DECLARING ITS
INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, Dr. and Mrs. Mark Mallett are the owners of record
of a parcel of real property located at 11444 Tortuga in Cypress,
Assessor's Parcel Number 224 - 152 -18; and
WHEREAS, the Malletts had constructed to their residence at
the above referenced property a second -story patio enclosure
which is not screened so as to ensure the privacy of surrounding
property owners; and
WHEREAS, the unscreened enclosure permits viewing into
adjacent properties and therefore constitutes an invasion of
privacy; and
WHEREAS, the City of Cypress has a long and consistent
policy of requiring said screening; and
WHEREAS, the Mallets have been informed of the City's
screening requirements by letters from the Cypress Planning
Department dated August 6 and September 23, 1987, and by letters
to their attorney Roger A. Fritch from the City Attorney dated
November 4 and December 4, 1987; and
WHEREAS, compliance with the City's screening requirements
has not been achieved to date despite due notice and opportunity
to comply.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cypress that:
1. The City Council sets March 14, 1988 at 7:30 p.m. in the
City Council Chambers located at 5275 Orange Avenue, Cypress,
California, as the fixed time and place for hearing and
consideration of objections of all property owners having any
objections to the proposed abatement of said nuisance; and
2. The purpose of said hearing is to enable the City
Council to consider all the evidence presented at the hearing
which will provide the Council with the basis upon which to make
its determination as to whether or not the unscreened second -
story patio enclosure constitutes a public nuisance.
3. Abatement of the aforementioned nuisance may be achieved
by installing an opaque, unopenable panel on the north side of
the sunroom which may be made of:
a. 1/4 -inch wood paneling, or
b. 1/4 -inch corrugated metal sheets
subject to the review and certification of compliance and
abatement by the City Planning Director and City Engineer
following final inspection.
4. The Director of Planning is designated as the public
officer to perform the duties imposed by this resolution and the
City Clerk of the City of Cypress is hereby directed to cause to
be posted on the premises in a conspicuous place a certified copy
of this resolution and to cause to be served upon the owner of
the premises a certified copy of this resolution with such
service occurring through registered or certified mail addressed
to the owner at the last known address. This resolution shall be
posted and served at least ten (10) days prior to the public
hearing.
5. The City Council of the City of Cypress declares to have
said nuisance abated if the property owner fails to do so.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 22nd day of February
1988.
MA O rOF THE CITY OF CYPRESS
ATTEST:
6
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
385
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting by the said City Council held on the 22nd day
of February 1988, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
zr
CITY CLERK OF THE CITY OF CYPRESS