HomeMy WebLinkAboutCC Res 5916 2009-09-14RESOLUTION NUMBER 5916
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING THE EXISTENCE OF A PUBLIC NUISANCE AT
3840 ROSE STREET AND ORDERING THE COMMENCEMENT
OF ABATEMENT PROCEEDINGS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
ORDER AND RESOLVE AS FOLLOWS:
Section 1. At a publicly noticed meeting on September 14, 2009, the
City Council heard testimony and considered evidence regarding the condition of
the property at 3840 Rose Street (the "subject property").
Section 2. The subject property contains a single-story residential
structure owned by Mr. Brian P. Ward. 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 the property owner in person and by
telephone. The owner has not expressed any willingness to comply with the
City's request for cleanup of the property and renovation of the building.
Therefore, in order to protect the public health, safety and welfare, city
involvement is needed to expedite abatement of the nuisance.
Section 4. Seal Beach Municipal Code Section 7.35.010.A provides
that a public nuisance is:
"Any violation of this Code or anything which is injurious to health,
indecent or offensive to the senses, or an obstruction to the free
use of property, so as to interfere with the comfortable enjoyment of
life or property by a neighborhood or by any considerable number
of persons, even where the annoyance or damage inflicted upon
individuals is unequal."
California Civil Code Section 3494 authorizes cities to abate public nuisances:
"A public nuisance may be abated by any public body or officer
authorized thereto by law."
Section 5. Based upon the foregoing, and based upon the record,
including but not limited to the staff report and public testimony, the Council
hereby finds and declares that the subject property is a nuisance. The
dangerous condition of the 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 13104.5 prohibit substandard or dangerous conditions of
property. The subject property suffers from deteriorated property conditions and
a substandard roof structure.
Section 6. Based upon the foregoing substantial evidence in the record,
the City Council hereby finds that the structure at 3840 Rose Street is in a
substandard condition and constitutes a public nuisance, given the subject
property contains, inter alias
A. Structures and landscaping that are visible from adjacent properties
and street that detrimentally affect the aesthetic and economic value of the
property in the immediate vicinity. See, Muni. Code § 7.35.010.B.7.d.
B. Structures, and structural component thereof, that are partially
destroyed or otherwise structurally unsound. See, Muni. Code § 7.35.010.B.7.f.
Resolution Number 5916
C. Dirt, rubbish, weeds or rank growth. See, Muni. Code §
7.35.010. B.7. h.
Section 7. The City Council hereby directs staff to serve the property
owner and any occupants with a written Notice to Abate a Public Nuisance in a
form approved by the City Attorney, in accordance with the provisions of
Municipal Code Section 7.40.0156. The notice shall specify a date and time for
a hearing before a hearing officer to determine whether abatement is necessary.
Pursuant to Section Municipal Code 7.40.0106, the City is hereby electing to
seek recovery of its own attorneys' fees incurred in connection with this
abatement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 14th day of September , 2009 by the following vot//1e:
AYES: COUNCILMEMBERS ~~~~~~ ~~~1~
NOES: COUNCILMEMBERS f ~V ~'Yl/
ABSENT: COUNCILMEMBERS ~ I~
ABSTAIN: COUNCILMEMBERS ~r ~~~
~~
Mayor
ATTEST:
Cit Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5916 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 14th day
of September , 2009.
ity~Clerk
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