Resolution No. 3897RESOLUTION NO 3897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING THE APPEAL FILED BY MRS. NORMA NIELSON OF THE
PLANNING DIRECTOR'S DECEMBER 4, 1990 DECLARATION THAT A
PUBLIC NUISANCE EXISTS AT KIPPERDALE KENNELS LOCATED AT
8331 AND 8321 DENNI STREET IN CYPRESS, CALIFORNIA
WHEREAS numerous complaints were received by the City regarding
conditions at Kipperdale Kennels located at 8331 and 8321 Denni Street in
Cypress and
WHEREAS, inspections of the property were conducted by the City of
Cypress Code Enforcement Officer the Cypress Police Department, Orange County
Animal Control and the Orange County Environmental Health Care Agency to
determine whether violations of City and County Codes existed; and
WHEREAS results of these inspections revealed serious violations of
zoning permits animal control licensing requirements and health and safety
codes and
WHEREAS, on December 4 1990, the Planning Director declared Kipperdale
Kennels a public nuisance and gave notice thereof by directing a Notice to
Abate a Public Nuisance be posted on the property at 8331 and 8321 Denni
Street and by certified mail to Mrs Nielson, the property owner and
WHEREAS the Notice to Abate a Public Nuisance was posted and mailed in
the form and manner prescribed by law' and
WHEREAS, during the period for appeal of the public nuisance
declaration, an appeal was filed by Mrs Norma Nielson, the property owner
and
WHEREAS, a duly noticed public hearing was held on January 28 1991 by
the Cypress City Council on the merits of the appeal
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
FIND RESOLVE DETERMINE AND ORDER AS FOLLOWS
1 That the above facts are true and correct
2 That the City Council denies Mrs Norma Nielson s appeal of the
Planning Director s December 4 1990 declaration of a public
nuisance at Kipperdale Kennels 8331 and 8321 Denni Street in
Cypress California
3 That the City Council bases its determination and order upon all
evidence presented at the public hearing and specifically upon the
findings that there is and has been
(a) Improper storage of trash on the property as well as the
presence of fecal material
(b) Storage of junk and debris onsite including inoperative
vehicles appliances and furniture
(c) Inadequate sewerage system and stagnant water
(d) Lack of adequate care for the animals kept onsite
(e) Lack of the required licenses to operate a kennel
(f) The presence of fleas flies and rodents
(g) The keeping of ferrets which is illegal in the State of
California
4 That the City Council grants the property owner Mrs Nielson
fourteen (14) days in which to abate the public nuisance as
described in the Notice to Abate a Public Nuisance
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5 That the City Council requires that within the fourteen (14) lays,
Mrs Nielson shall reduce the number of dogs onsite to a maximum of
fifty (50) as provided by Use Permit Certificate No 3373 and Use
Permit Certificate No 3048, representing a combined number of
twenty-five (25) dogs for each of the two kennels located at 8331
and 8321 Denni Street
6 That the City Council grants the property owner an additional sixty
(60) days to which to relocate the remaining fifty (50) dogs
7 That the City Council determines that, should the public nuisance
not be abated within the prescribed fourteen (14) days the City
Attorney is authorized to seek a court order directing the property
owner, Mrs Nielson to immediately abate the public nuisance
described herein
8 That if the abatement is not completed within the time set forth by
the court order the City will be authorized to enter onto the
property to transfer the animals to the care of County Animal
Control and to remove and dispose of the items on the property
constituting a public nuisance
9 That it is the intention of this City Council to assess the costs
of the abatement against the parcel of property located at 8331 and
8321 Denni Street, Cypress California, and to declare such costs
to be a lien thereon.
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby deny the appeal filed by Mrs Norma Nielson of the
Planning Director s December 4 1990 declaration that a public nuisance exists
at Kipperdale Kennels located at 8331 and 8321 Denni Street in Cypress
California
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the llth day of Februa 191
MAYOR OF THE CIT OF CYPRESS
ATTEST
t„ ;�,
CITY CLERK OF THE CI OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
1 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 llth day of February 1991 by the following
roll call vote
AYES
NOES
ABSENT
5 COUNCIL MEMBERS Age, Kerry, Nicholson, Partin and Bowman
0 COUNCIL MEMBERS None
0 COUNCIL MEMBERS None
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(7 t/ /— // r
CITY CLERK OP THE CITY bF CYPRESS