Resolution No. 1295 iLgs/
RESOLUTION NO. 1295
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 September 11, 1972
adopted Resolution #1288, 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, legal
description, 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 9th day of October, 1972 at 8:00 p.m. at the City Council Chambers at 5275
Orange Avenue, Cypress, California; and
WHEREAS, on September 21, 1972, 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 :
Parcel #1: (AP #244-013-54)
Shermore Corporation
c/o Mr. Don Cox
Fraiser and Torbet
10358 E. Artesia Avenue
Bellflower, California 90706
Parcel #2: (AP #244-013-53)
Westway Petroleum Co.
9635 South Santa Fe Springs
Santa Fe Springs, California
and,
WHEREAS, on September 29, 1972, 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 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 northeast corner of Denni Street
and Orange Avenue and described by reference to the Assessor's Parcel numbers and
legal descriptions as follows:
Parcel #1, AP #244-013-54, Portion of the N.E. Corner of Denni Street and
Orange Avenue, Lot 28, Tract #5237.
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Lot 28 of Tract 5237 in the City of Cypress, County of Orange, State of
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California, as shown on a map recorded in Book 199, pages 39 and 40 of
Miscellaneous Maps in the office of the County Recorder of said County.
EXCEPTING therefrom that portion described as follows:
Beginning at a point in the southerly line of said Lot 28 being also a
point in the northerly Right of Way line of Orange Avenue as shown on
said Tract Map said point being distant South 89° 35' 50" West 354.55
feet from the southeast corner of said Lot 28; thence along said southerly
line of Lot 28 South 89° 35' 50" west 123.00 feet to the beginning of a
tangent curve concave northeasterly and having a radius of 27.00 feet;
thence northwesterly and northerly along said curve through a central
angle of 90° 01' 58" an arc distance of 42.43 feet to a point in the
westerly line of said Lot 28 and the easterly Right of Way line of Denni
Street as shown on said Tract Map; thence North 0° 22' 12" West 123000
feet along said westerly line to a line that is parallel with and distant
northerly 150.00 feet measured from the southerly line of said Lot 28;
thence North 890 35' 50" East 150.00 feet along said parallel line to a
line that is parallel with and distant easterly 150.00 feet measured from
the westerly line of said Lot 28; thence South 0° 22' 12" East 150.00 feet
along said parallel line to the point of beginning.
Parcel #2, AP #244-013-53, Portion of the N.E. Corner of Denni Street and
Orange Avenue, Lot 28, Tract #5237 (Service Station Site) .
That portion of Lot 28 of Tract 5237 in the City of Cypress, County of
Orange, State of California, as shown on a map recorded in Book 199,
pages 39 and 40 of Miscellaneous Maps in the Office of the County Re-
corder of said County, described as follows:
Beginning at a point in the southerly line of said Lot 28 being also a
point in the northerly Right of Way line of Orange Avenue as shown on
said Tract Map said point being distant South 89° 35' 50" west 354. 55
feet from the southeast corner of said Lot 28; thence along said southerly
line of Lot 28 South 89° 35' 50" west 123.00 to the beginning of a tangent
curve concave northeasterly and having a radius of 27,00 feet ; thence
northwesterly and northerly along said curve through a central angle of
90° 01' 58" an arc distance of 42.43 feet to a point in the westerly line
of said Lot 28 and the easterly Right of Way line of Denni Street as shown
on said Tract map ; thence North 0° 22' 12" west 123.00 feet along said
westerly line to a line that is parallel with and distant northerly 150,00
feet measured from the southerly line of said Lot 28; thence North 89° 35' 50"
east 150.00 feet along said parallel line to a line that is parallel with and
distant easterly 150.00 feet measured from the westerly line of said Lot
28; thence South 0° 22' 12" East 150.00 feet along said parallel line to the
point of beginning.
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 rehabilitation,
demolition, or repair.
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 thereof, as follows :
Remove all piles of broken concrete and broken asphalt pavement, discarded
furniture and all miscellaneous trash and debris and level off the entire parcel,
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 personnelor 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.
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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 pro-
vided 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 thirty-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 10th day of October, 1972.
MAYO F THE CITY CYPRESS
ATTEST:
CrTY CLERK OF THE ITY 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 adopted at a regular meeting of the said City Council
held on the 10th day of October, 1972, by the following roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberts and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
`, 1g4 E' OF THE CITY OF CYPRESS
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