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Resolution No. 169420 RESOLUTION NO.1694 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 ASCER- TAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF 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 8, 1976, the City Council received a report from the Public Works Director describing the condi- tions on certain premises within the City and making recommendations concerning these conditions. These conditions may be such as to constitute a nuisance as defined in Section 13-14 of the Cypress City Code. SECTION 2. Description of Premises The property located at 4352 Lincoln Avenue, also known as Assessor Parcels #244-342-05 and 06 and described as: All that certain land situated in the City of Cypress, County of Orange, State of California, as being a portion of the east -half, west -half, northeast quarter, northwest quarter of Section 17, Township 4 South, Range 11 West, S.H.M. in the Rancho Los Coyotes, as shown on a map thereof recorded in Book 51, Page 11 of Miscellaneous Maps, records of said County, ex- cepting therefrom the south 6 acres. Said land more particularly described as follows: Beginning at a point on the northerly line of said Section 17, distant South 890 46' 59" West 990.48 feet from the northeast corner of the northwest quarter of said Section 17; said point also being the northwest corner of the east -half, west -half, northeast quarter, northwest quarter of said Section 17; thence along the west line of said east -half, South 00 12' 40" West 40.00 feet to the True Point of Beginning; thence continuing along said west line, South 0° 12' 40" West 549.00 feet to a point on the north line of the above mentioned 6 acre exception; thence along said north line North 890 35' 39" East 330.71 feet to a point on the east line of said east -half; thence along said east line North 0° 15' 50" West 537.91 feet to a point that is distant 40.00 feet South and parallel to the North line of said Section 17; thence South 89° 46' 59" West 330.20 feet along said parallel line to the True Point of Beginning. Subject to: Covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record, and other matters of record. 202 SECTION 3. Description of Conditions a. The sewer facilities on the property are deficient due to the unsealed manhole and its loose cover and the existence of several broken or missing sewer clean out covers. These conditions result in debris entering the sewer lines causing sewer blockage, which has resulted in flow of raw sewage onto the property. b. The storm drain located on the southeasterly side of the parcel was not properly installed which has resulted in its filling up with large rocks, and erosion beneath the block wall that borders the property and the Casa Grande Apartments to the east, which could cause collapse to the wall and undermining of parking lot pavement. c. Broken concrete, asphaltic concrete, junk lumber, trash and debris are scattered over the entire southern half of the parcel. Some of the debris is in a state of decomposition which gives off a rancid odor. All of these conditions are readily accessible to children at play and could be considered a hazard to children and a detriment to the property value, safety and integrity of the adjacent parcels. SECTION 4. Recommended Abatement a. The property's sewer manhole and clean outs should be properly sealed and covered with bolted down covers where possible. b. The storm drain pipe should be extended eight feet from the broken wall and a permanent steel grate in- stalled over the opening. c. The area underneath and around the existing storm drain opening should be back filled and compacted using materials and procedures satisfactory to the City Engineer. d. All broken concrete, asphaltic concrete, junk lumber, trash and debris should be removed from the premises. 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 12th day of April, 1976, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, at 7:30 p.m., to ascertain whether the same constitutes such a nuisance, the abatement of which is appropriate under the provi- sions 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. 2. ac 3 SECTION 7. Notice Within fifteen (15) 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 service 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 8th day of March, 1976. IX, MAYOR OF THHE CITY OF CYPRESS ATTEST: CITY CLERK 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 duly adopted at a regular meeting of the said City Council held on the 8th day of March, 1976, by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERK OF THE'CITY OF CYPRESS 3.