HomeMy WebLinkAboutRES NO 96-2l RESOLUTION NO. 96-2
2 A RESOLUTION OF THE BOARD OF APPEALS OF THE
CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE
3 BUILDING OFFICIAL TO FILE NOTICE OF
NONCOMPLIANCE WITH AN ORDER TO CORRECT
4 SUBSTANDARD HOUSING CONDITIONS AND
NOTIFICATION TO THE FRANCHISE TAX BOARD
5 REGARDING MCFADDEN VILLAGE APARTMENTS AT
17271-17289 McFADDEN AVENUE TUSTIN, CALIFORNIA
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I. The Board of Appeals of the City of Tustin does
7 hereby find and resolve as follows:
8 A. That on April 8, 1996 the Board of Appeal
upheld the terms of the Notice and Order
9 issued February 22, 1996 regarding substandard
housing-and property conditions at 17271-17289
10 McFadden Avenue.
11 B. That on April 15, 1996 a Final Notice and
Order was issued which required correction of
12 sub-standard housing and property conditions
at 17271-17289 McFadden Avenue.
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C. That on April 17, 1996, the property owner was
14 notified of the City's intent to file notice
with the Franchise Tax Board.
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D. That on October 25, 1996 the property owner
16 was given final notice of the pending
notification to Franchise Tax Board.
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E. That on November 4, 1996 the property owner
18 filed an appeal with the Building Official
regarding the pending notification to the
19 Franchise Tax Board.
20 F. That pursuant to such appeal, a hearing before
the Board of Appeals was duly noticed for 6:30
21 p.m. on December 9, 1996.
22 G. That witnesses were properly sworn and oral
and documentary evidence was duly presented to
23 the Board of Appeals on December 9, 1996.
24 H. There is substantial evidence that sub-
standard housing conditions continue to exist
25 at 17271-17289 McFadden Avenue.
26 I. That proper notice of intent to file notice of
sub-standard housing conditions with the
27 Franchise Tax Board was given on April 17,
1996.
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Board of Appeals
Resolution No. 96-2
Page 2
J. That final notice of intent to file notice of
sub-standard housing conditions with the
Franchise Tax Board was given on October 25,
1996.
II. Based upon the above findings, and upon the oral
and documentary evidence submitted at its December
9, 1996 hearing, the Board of Appeals hereby
upholds the decision of the Building Official to
file notice of sub-standard housing conditions with
the Franchise Tax Board as set forth in the October
25, 1996 letter to the property owner subject to
the following conditions:
A. The Building Official is directed to provide a
copy of this resolution to the property owner.
B. The Building Official is directed to file
notice of sub-standard housing conditions with
the Franchise Tax Board.
C. The Building Official is directed to record
notice of sub-standard housing conditions with
the County Recorder.
PASSED AND ADOPTED at a special meeting of the Tustin
Board of Appeals, held on the 9th day of December, 1996.
r
LOU BONE
Chairman
Barbara Reyes ~
Recording Secretary
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Board of Appeals
Resolution No. 96-2
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Board of Appeals of the
City of Tustin, California; that Resolution No. 96-2 was
duly passed and adopted at a special meeting of the
Tustin Board of Appeals, held on the 9th day of December
9, 1996.
BARBARA REYES
Recording Secretary