Resolution No. 4313274
RESOLUTION NO. 4313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
OFFICIALLY OUTLINING THE DUE PROCESS THAT WAS OFFERED TO
THE ASSESSED PROPERTY OWNERS AND DECLARING THAT A PUBLIC
NUISANCE EXISTS AT 10501 KNOTT AVENUE, CYPRESS, CALIFORNIA
WHEREAS, numerous complaints regarding conditions of the property located at
10501 Knott Avenue, more particularly described as Tr. No. #4421, MM 193 -32, 33, 34; Block
9, Book 134, Page 50, County of Orange, Por. N.E. 1/4, S.E. 1/4, Sec. 22, T. 4S., R. 11W;
Assessor's Parcel Number #134 - 501 -45, in Cypress were received by the City; and,
WHEREAS, an inspection of the property pursuant to an Inspection Warrant was
conducted by City, County personnel and private licensed contractors. The inspection revealed
that, in the opinion of the Director of Planning and Building Official, the structure thereon is
being maintained in such a condition as to constitute a public nuisance; and,
WHEREAS, the Director of Planning declared the property a public nuisance on
March 2, 1994, and gave notice thereof by posting the property, personal certified receipt
service to the property owners and legal representative, and by first class mail; and,
WHEREAS, a Notice to Abate the Public Nuisance was posted and given in the form
and manner prescribed by law; and,
WHEREAS, during the period for appeals of the public nuisance declarations, an
appeal was not timely filed by either the property owners or legal representative; and,
WHEREAS, due to the lack of appeal, refusal of certified receipt service of the
Notice to Abate the Public Nuisance by the property owners, a Public Hearing has not been
requested, nor held.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS
DOES HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
1. That the City Council of the City of Cypress, California acknowledge that an appeal
was not filed, pursuant to the Director of Planning's Public Nuisance notice, dated March 2,
1994.
2. That the City Council bases its determination and order upon all presented and offered
evidence that a Nuisance has and continues to be maintained at 10501 Knott Avenue, Cypress,
California (hereinafter referred to as "the Property "). Specifically based upon the following
findings of facts:
(a) The building has sustained extensive aesthetical and structural damage; The
damage was caused initially from a fire that occurred on or about June, 1992. Since that
time to the present, and due to the property being unsecured and open, various unknown
persons and /or the elements have greatly intensified the damage. All of the electrical,
plumbing and a majority of the structural supports will require complete replacement.
The former grease vats have been permitted to remain interior of the abandoned
structure. The structure is unsecured and remains open and completely accessible. A
majority of the original roof remains open and accessible to unknown persons and /or the
elements. All or a majority of the original windows are missing or broken. The interior
of the structure is riddled with hanging wires, broken pipes, melted equipment and
debris, from transient occupancy. One or more of the main support beams are warped
and can become easily dislodged from the main roof and truss supports. Due to the
hazardous condition of the structure and supports, the roof mounted commercial air
conditioner is likely to fall interior of the building. The building is dangerous and is a
detriment to life;
(b) The parcel or lot is overgrown, unkept and various types of debris have been
permitted. The original landscaping is either dead, dying or has become extremely
overgrown to the point of becoming a nuisance to not only this lot, but adjacent
properties. Weeds and overgrown vegetation cover a majority of the original paved
parking or pedestrian walkways, and /or project out over and across the designated public
right -of -ways;
(c) The parcel or property's original block wall trash enclosure is full of
combustible debris. The debris can easily be ignited by natural or arson intent;
(d) The condition of this parcel /lot adversely affects the property values of the
surrounding neighborhood;
(e) An extensive amount of graffiti is permitted to remain on the structure,
surrounding block walls and vegetation. The existing graffiti is known to attract and
encourage further incidents of graffiti to this and surrounding properties;
(f) The property is zoned CN Commercial Neighborhood Zone. Prior operation of
a fast -food drive - through and on -site consumption of alcohol was classified as a legal
nonconforming use. These operations have been discontinued in excess of 180 days
(C.C.C., Section #16). Future construction and operation of a restaurant with fast food
drive - through or on -site sale /consumption of alcoholic beverages, mandates approval of
a conditional use permit.
3. That the property owner(s) and /or legal representative, agents therefore hereby
ordered to abate said public nuisance within fourteen (14) days of the adoption of this
Resolution.
4. That should the property owner(s) and /or legal representative, agents thereof fail to
fully abate said public nuisance within said fourteen (14) day period, the City Attorney is
directed to seek and obtain a Court Order to compel abatement or authorize the City to abate
the same.
5. That upon receiving said Court Order, the Director of Planning is directed to cause
said public nuisance(s) to be abated.
6. That it is the intention of this City Council to assess the costs of the abatement
proceedings as a special assessment against the parcel of property located at 10501 Knott
Avenue, Cypress, California, and to declare such costs to be a lien thereon.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 23rd day of May , 1994.
MAYOR OF THE CITY OF CYPRESS
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ATTEST:
CITY Cveal
HE fZ'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 duly adopted at a regular meeting of the said City Council held
on the 23rd day of May , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE ,CITY OF CYPRESS