Resolution No. 1396RESOLUTION NO. 1396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING 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 August 13, 1973,
adopted Resolution No. 1385, pursuant to the provisions of Section 13-15
of the Cypress City Code, finding that the premises described therein may
have been maintained in :,uch 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 llth day of September, 1973, at 8:00 p.m., at the City Council Chambers
at 5275 Orange Avenue, Cypress, California; and
WHEREAS, on August 15, 1973, within fifteen (15) 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 certified mail, addressed
to such owner at the last known address of such owner, as follows:
Mr. Richard Schmidt
6752 Jonathan Avenue
Cypress, California 90630
and
WHEREAS, on August 24, 1973, at least ten (10) days before the time
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,
objections or protests and rece'ved 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 Jonathan
Avenue, west of Knott Street, commonly known as 6752 Jonathan Avenue,
Cypress, California and comprising Assessor's Parcel No. 134-495-10,
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 removing
all combustible debris from the property including all weeds, papers,
broken lumber, broken furniture and trash; remove all inoperative motor
vehicles, welding equipment, discarded automotive parts, transmission
and motor blocks; and any other such items that by their condition
or location on the parcel could be considered either a hazard to children
at play or detrimental to the property values of the surrounding parcels
due to their unsightly condition.
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:
Remove all combustible debris from property including
the weeds, papers, broken lumber, broken furniture and
trash; remove all inoperative motor vehicles, welding
equipment, discarded automotive parts, transmission and
motor blocks; and any other such items that by their
condition or location on the parcel could be considered
either a hazard to children at play or detrimental to the
property values of the surrounding parcels due to their
unsightly condition.
4. That if 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 abate-
ment of such nuisance as provided herein, are expressly authorized to
enter upon such premises for such abatement purposes.
6. That if 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 abaterr.nt, 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 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 pro-
vided in Section 3 hereof. Upon the completion of such abatement, pro-
ceedings hereunder shall terminate.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the lith day of September, 1973.
ATTEST:
4/7
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
ri
MAYOR(01' THE CITY OF CYP
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 lith day of September, 1973, by the following roll call vote:
AYES:
NOES:
ABSENT'
ABSTAINED:
3 COUNCILMEN:
0 COUNCILMEN:
1 COUNCILMEN:
1 COUNCILMEN:
Frankiewich, Harvey and Roberts
None
Kanel
Lacayo
CITY CLERK OF THE CITY OF CYPRESS