HomeMy WebLinkAboutCC Res 5869 2009-06-08RESOLUTION NUMBER 5869
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING THE EXISTENCE OF A PUBLIC NUISAN AT 509
AGUA PLACE AND ORDERING THE COMMENC ENT OF
ABATEMENT PROCEEDINGS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH OES HEREBY FIND,
ORDER AND RESOLVE AS FOLLOWS:
Section 1. At a publicly noticed meeting o May 11, 2009, the City
Council heard testimony and considered evidence re arding the condition of the
property at 509 Agua Place (the "subject property").
Section 2. The subject property conta' s a single-story residential
structure owned by Ms. Evanne Connors that h s been vacant for at least two
years. The property is in a state of disrepair and the property has not been
maintained on a regular basis.
Section 3. The City has notified th property owner in person and by
telephone. The owner has expressed wi ingness to comply with the City's
request for cleanup, demolition and reno ation of the building. However, to
protect the public health, safety and w Ifare, city involvement is needed to
expedite abatement of the nuisance.
Section 4. Seal Beach Munic,~pal Code Section 7.35.010.A provides
that a public nuisance is: /
"Any violation of this
health, indecent or o1
to the free use of
comfortable enjoyme
or by any consider
annoyance or dam
de or anything which is injurious to
sive to the senses, or an obstruction
roperty, so as to interfere with the
t of life or property by a neighborhood
e number of persons, even where the
inflicted upon individuals is unequal."
California Civil Code Section
authorizes cities to abate public nuisances:
"A public nuisa a may be abated by any public body or
officer authorize thereto by law."
Section 5. Based pon the foregoing, and based upon the record,
including but not limited t the staff report and public testimony, the Council
hereby finds and declar that the subject property is a nuisance. The
dangerous condition of th subject property is a threat and injurious to the public
health, safety and welfare and constitutes a public nuisance per se. Seal Beach
Municipal Code, Chapter 7.35 -Public Nuisances, and Health and Safety Code
Sections 5410 and 131 4.5 prohibit substandard or dangerous conditions of
property. The subject roperty suffers from overgrown vegetation, deteriorated
property conditions, an a substandard roof structure.
Section 6. Ba ed upon the foregoing substantial evidence in the record,
the City Council her by finds that the structure at 509 Agua Place is in a
substandard conditio and constitutes a public nuisance, given the subject
property contains, int r alias
A. Struct res and landscaping that are visible from adjacent properties
and street that de imentally affect the aesthetic and economic value of the
property in the imm diate vicinity. See, Muni. Code § 7.35.010.B.7.d.
B. Stru ures, and structural component thereof, that are partially
destroyed or othe ise structurally unsound. See, Muni. Code § 7.35.010.B.7.f
Resolution Number 5869
Section 7. The City Council hereby directs staff to serve/the property
owner and any occupants with a written Notice to Abate a Publi~/uisance in a
form approved by the City Attorney, in accordance with the provisions of
Municipal Code Section 7.40.0156. The notice shall specify ~~date and time for
a hearing before a hearing officer to determine whether abatement is necessary.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 8th day of June , 2009 by thg~following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5869 on file in
the office of the Ci Clerk, passed, approved, and adopted by the City Council of
the City of Seal B ach, at a regular meeting thereof held on the 8th day
of June .2009.
City Clerk
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