Resolution No. 1316 RESOLUTION NO. 1316
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 December 4, 1972, adopted
Resolution #1307, 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
8th day of January, 1973 at 8:00 p.m. at the City Council Chambers at 5275 Orange
Avenue, Cypress, California; and
WHEREAS, on December 5, 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 :
John Leal
5962 Ball Road
Cypress, California 90630
and,
WHEREAS, on December 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 premise
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 in-
terested 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 on the southwest corner of Ball Road and
Valley View Street and described by reference to the Assessor's Parcel numbers and
legal descriptions as follows :
AP #241-011-01 and AP #241-011-02 and more exactly described as :
The east half of the northeast quarter of the northeast quarter of
Section 21, Township 4 south, Range 11 west, in the Rancho Los Coyotes ,
in the City of Cypress , County of Orange, State of California, as per
map recorded in Book 51, page 11 of Miscellaneous Maps , in the Office
of the County Recorder of said County and also as shown on a map
recorded in Book 10, page 20 of Records of Surveys, Records of said
County.
Said parcel containing 19.54 acres of land, more or less.
Subject to: Covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record, and other matters of record.
as maintained, constitutes a nuisance, as defined in Article III of Chapter
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13 of the Cypress City Code- 4
2. That there is sufficient cause to abate such nuisance by rehabilitation,
demolition, removal, 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 piles of manure and other waste materials, grade to drain low areas
but not to drain across any other private property other than subject property,
and construct berm to prevent seepage flow onto adjacent private property.
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 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 thirty-
day abatement period provided in Section 3 hereof. Upon the completion of such abate-
ment, proceedings hereunder shall terminate.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 8th day of January , 1973.
&-;g/ ( czea,)MAYO OF T CITsi OF CYPRESS
ATTEST:
Y C ERK OF THE CI Y 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 8th day of January, 1973 by the following roll call vote :
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberts and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY C ERK OF TH CITY OF CYPRESS
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