Resolution No. 2039384
RESOLUTION NO 2039
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 October 23, 1978, adopted
Resolution No 2025 pursuant to the provisions of Section 13-15 of the Cypress
City Code, finding that the premises described therein may have been maintained in
such 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 general location 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 27th day of November, 1978 at 7.00 p m at the City Council Chambers at
5275 Orange Avenue Cypress California• and
WHEREAS, on October 24, 1978, within thirty (30) days after the passage of said
Resolution by the City Council, the City Clerk caused to be served upon the owner(s)
of such premises a certified copy of said Resolution and a notice of the time and
place of such hearing, by registered/certified mail addressed to such owner(s)
at the last known addresses of such owner(s), as follows
Manuel Coelho, et al
5362 DeLong Street
Cypress CA 90630
and,
WHEREAS on November 13, 1978 at least ten (10) days before the time fixed
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 received 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
NOW, THEREFORE, the City Council of the City of Cypress hereby does FIND,
DECLARE AND RESOLVE as follows:
1 That the premises generally located at 4552 Lincoln Avenue in the City
of Cypress which is described by reference to Assessor's Parcel #244-351-04,
#244-351-05, and #244-351-06 and legal description as follows:
Portion of the Northwest one-quarter of the Northwest one-quarter
of the Northeast one-quarter of Section 17, Township 4 South,
Range West, of San Bernardino Base Meridian as shown on
Record of Survey 17-46 records of Orange County California more
particularly described as beginning at the North 1/4 corner of said
Section 17 as shown on said record of survey thence North 89°49'35"
East 318 01 feet along the North line of said Section 17, thence
South 0°21'05" East 40 00 feet to the true point of beginning thence
North 89°49'35" East 113 86 feet along the southerly right of way line
of Lincoln Avenue; thence South 0°21'05" East 382 62 feet; thence
South 89°36'00" West 227 58 feet, North 0°22'15" West 343 40 feet
to a point on the said Southerly right of way line of Lincoln Avenue,
thence North 89°49'35" East 114 01 feet along said southerly right of
way line to the true point of beginning
as maintained constitutes a nuisance, as defined in Article III of Chapter 13
of the Cypress City Code
° z 81, 385
2 That there is sufficient cause to abate such nuisance by rehabilitation
demolition or repair
3 The owner of the aforesaid property hereby is ordered to abate said nuisance
within 45 days from the date of this Resolution by performing the following work items
a Demolition and removal of all buildings, structures and wooden fencing
including concrete slabs,
b Removal of all dead trees, weeds, trash, debris, junk lumber, discarded
junk nursery supplies upholstered furniture and abandoned appliances
c Removal of all abandoned vehicles and parts thereof• and,
d Level piles of dirt and grade property for proper drainage
4 That if such nuisance is not abated completely by such owner in the manner
set forth in the preceding Section 3, within suchforty-five (45) day period, the Public
Works Director of the City of Dypress 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 abatement
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 abatement,
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 registered or 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
forty-five (45) day abatement period provided in Section 3 hereof Upon the completion
of such abatement proceedings hereunder shall terminate
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of November 1978
MAYOR OF THE,CITY OF CYPRESS
ATTEST.
CITY CJERK 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 27th day of November, 1978, by the following roll call vote
AYES: 4° COUNCIL MEMBER: Evans, MacLain, Rowan and Hudson
NOES 0 COUNCIL MEMBER None
ABSENT 1 COUNCIL MEMBER Lacayo
CITY CLERK OF THE CITY OF CYPRESS
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