Resolution No. 8513t7E
RESOLUTION NO. 851
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THE PREMISES LOCATED AT 6752 JONATHAN AVENUE
CYPRESS, CALIFORNIA, TO BE A NUISANCE AND ORDERING THE
ABATEMENT THEREOF.
WHEREAS, the City Council of the City of Cypress, on February 13,
1968, adopted Resolution No. 848, pursuant to the provisions of Section
13-15 of Article III of Chapter 13 of the Cypress City Code, delcaring
its intention to conduct a public hearing to ascertain whether the pre-
mises located at 6752 Jonathan Avenue, Cypress, California, constituted
a public nuisance, pursuant to the provisions of such Article III of
Chapter 13 of the Cypress City Code; and
WHEREAS, said resolution described such premises by street address,
by assessor's parcel number and by legal description, and described the
conditions which may have constituted a nuisance, and stated the proposed
methods of abatement; and
WHEREAS, such resolution set the time and place for a public hearing
to receive evidence concerning this matter on the Ilth day of March, 1968,
at 8:00 p.m. at the City Council Chambers at 5275 Orange Avenue, Cypress,
California, and
WHEREAS, on February 27, 1968, the City Clerk caused to be served upon
the owner of the affected premises a certified copy of such resolution and
notice of the time and place of such hearing, by certified mail addressed
to the owner at the last known address of said owner as follows:
Mr. Richard Schmidt
6752 Jonathan Avenue
Cypress, California 90630
and
WHEREAS, on February 28, 1968, the City Clerk caused to be
conspicuously posted on said premises, a certified copy of such resolution
and a notice of the time and place of such hearing before the City Council;
and
WHEREAS, said public hearing was duly held at the time and place
stated in such resolution, and the Council did hear and consider all
relevant evidence, objections or protests and received testimony from
witnesses, city personnel and interested persons relative to such alleged
nuisance and to the proposed rehabilitation, repair or demo'ition of such
premises; and
WHEREAS, the owner of the affected premises did not appear at such
public hearing or give any written or oral communication concerning this
matter to the City Council or city personnel prior to the close of such
public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES
FIND, DECLARE AND RESOLVE AS FOLLOWS:
1. The premises located at 6752 Jonathan Avenue, described as
Assessor's Parcel No. 134-495-10, Tract No. 4966, Lot No. 19, in the City
of Cypress, State of California, are presently being maintained with
several inoperative vehicles deposited thereon, and such condition and use
of said premises constitutes a nuisance as defined in Section 13-14 of
Article III of Chapter 13 of the Cypress City Code; there is sufficient
cause to abate such nuisance by rehabilitation, demolition or repair .
2. The property owner is hereby ordered to abate said nuisance within
30 days from the date of the mailing of notice to said owner as provided in
Section 8 hereof, by having all inoperative, abaondoned, discarded or unused
automobiles kept or deposited on or scattered over such premises, removed
from such premises and from the public street right of way immediately
adjacent to such premises.
RESOLUTION NO. 851
5
3. If such nuisance is not completely abated by the owner as specifially
set forth in the preceding Section 2 within said 30 -day period, the Public
Works Director is directed immediately to cause the same to be abated by city
personnel or private contract, by the removal of such automobiles from such
premises and adjacent street easement to an automobile dismantler's yard
or scrapyard. Such automobiles shall be sold and processed as scrap, and
shall not be reconstructed or made operable. Upon such removal, the Public
Works Director is directed to immediately sell such vehicles as scrap, and
if the purchaser thereof is a licensed dismantler or commercial enterprise, it
shall comply with the requirements of Section 11520 of the Vehicle Code of
California.
4. Such city personnel or persons under contract for the abatement
of such nuisance as provided herein are expressly authorized to enter upon
such premises for such abatement purposes as are herein provided.
5. If such nuisance is abated pursuant to the provisions of the
preceding Section 3, such personnel or persons who abated the nuisance shall
keep a record of the cost of the abatement and submit an itemized written
report to the City Council fro concirmation, pursuant to the provisions of
Section 13-20 of said Article III, of Chapter 13, of the Cypress City Code.
6. Pursuant to Section 13-20 of said Article III, and to Section 38773.5
of the Government Code, the total cost of such abatement, including all
administrative costs, shall constitute a special assessment against the parcel
which, after confirmation, shall be a lien on the parcel. Such special
assessment shall be collected in the same manner and at the same time as
ordinary municipal taxes are colleceted, and shall be subject to the same
penalties and the same procedures and sale in case of delinquency as provided
for ordinary taxes.
7. If such nuisance is abated pursuant to the provisions of the
preceding Section 3, the personnel or persons removing such automobiles shall
make an examination thereof to obtain information as to the identity of such
vehicles. Within five (5) days of such removal, the Public Works Director
shall mail or cause to be mailed to the Department of Motor Vehicles a notice
identifying all such vehicles so removed, and shall forward therewith
any evidence of registration avaBable, including registration certificates,
certificates of title, and license plates, and a copy of such notice shall be
mailed to the California Highway Patrol.
8. The City Clerk shall cause a copy of this resolution to be
immediately served upon the owner of said property by registered or certified
mail, addressed to such owner at his last known address. The owner of said
property shall have the right to have such nuisance abated in accordance with
this resolution, and at his own expense, provided the same is completed prior
to the expiration of the 30 -day abatement period provided in Section 2 hereof.
Upon such abatement in full , proceedings hereunder shall terminate.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a
regular meeting held on the llth day of March, 1968.
ATTEST:
CITY CLERK i T E CI Y" OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF CYPRESS )
e j_- 7/(: -- 'L -i -, -c ;
MAYOR OF THE CITY OF CYPRES/
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 llth day of March, 1968, by the following vote:
AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey
NOES: 0 COUNCILMEN: None
ABSENT- 0 COUNCILMEN: None
CI Y CLERK OF THE CITY OF CYPRESS
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