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HomeMy WebLinkAboutCC RES 91-079 1 1(} 11 12 14 i i. 20 '.2;1!' 09' i .: 24 26;, 27 28 RESOLUTION NO. 91-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN CONDITIONS ON THE PROPERTY LOCATED AT 1001 AND 1011 EL CAMINO REAL CONSTITUTE A PUBLIC NUISANCE AND HEREBY ORDERING THE ABATEMENT OF SAID NUISANCE The City Council of the city of Tustin does hereby finds and determines as follows: WHEREAS, City of Tustin staff have received numerous citizen property maintenance complaints regarding the property located at 1001 and 1011 E1 Camino Real (Assessor Parcel Number 500-151-01, 02, 03); and WHEREAS, investigation by City staff has revealed that the property is in violation of Section 5501 of the Tustin City Code for the following reasons: Accumulation of miscellaneous, debris, weeds, broken cement and crushed rock strewn throughout the property; and "Karl's Mercedes Shop" pole sign is in a deteriorated and unsightly condition; and The service station building is abandoned, deteriorated and unsightly; and WHEREAS, City staff have on several occasions attempted without success to obtain the voluntary cooperation of the property's owner to eliminate the violation and have requested the property's owner to perform appropriate methods of nuisance abatement; and WHEREAS, the property owner of the subject property was duly notified of the public hearing date via certified mail, return receipt requested, and by a physical posting of the public notice on the property; and WHEREAS, that the condition on the property located at 1001 and 1011 E1 Camino Real are still present and have been determined ~o constitute a public nuisance; and WHEREAS, Article 5, Chapter 5, of the Tustin City Code provides proceedings for the abatement of property maintenance violations by the City when determined by the City Council to constitute a public nuisance; and 2 3 4 5 7 8 111 13 14 15 17 18 I9. 21' 92 231 25 28 Resolution No. 91-79 Page 2 WHEREAS, the City Council on June 3, 1991 held a public hearing to determine whether the condition of the property at 1001 and 1011 E1 Camino Real constitutes a public nuisance; and NOW, THEREFORE BE IT RESOLVED that the City Council hereby declares that the condition of the property at 1001 and 1011 E1 Camino Real constitutes a public nuisance, and orders that the following actions be taken by the property owner within thirty (30) days from the date of this Resolution. Clear property of all miscellaneous debris, weeds, broken cement and accumulated crushed rock; and 2. Remove pole sign; and 3. Demolish service station; .and BE IT FURTHER RESOLVED THAT the City Council hereby directs that if the order to abate the public nuisance, promulgated in this Resolution, has not been completed within the time period abated, the City shall immediately cause the same to be abated by City personnel or private contract. The owner of the property at 1001 and 1011 E1 Camino Real shall'become liable to the City for all costs of such abatement including administrative costs. However, if the nature of the abatement and continual maintenance of the. site is questionable, the City Attorney may initiate legal proceedings to gain compliance as determined necessary. Recovery of any of these costs will be attained through a ~pecial assessment against the parcels. After the assessment is confirmed, it shall be a lien on the property. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd of June, 1991 >,,~'-,./-~ /, :. ,,.. CHARLES E. PUCKETT, Mayor MARY , Ci,~'y Clerk City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 91-79 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 91-79 was duly and regularly introduced, passed and adopted at a regular meeting of the city Council held on the 3rd day of June. 1991 by the following vote: COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: Prescott COUNCILMEMBER ABSENT: None Mary E. Wy(~n, City C%~rk