HomeMy WebLinkAbout90-196 - Resolutions RESOLUTION NO. 90-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE NOTICE TO
ABATE PUBLIC NUISANCES AT 8493 ETIWANDA AND MAKING
FINDINGS THEREOF- APN: 229-041-11
A. Recitals.
(i) On March 1, 1990, a Nuisance Abatement Hearing was conducted
subsequent to Code Enforcement proceedings on the property located at 8493
Etiwanda, APN #229-041-11. The alleged violations were: Substantial lack of
maintenance of property along the northern property boundary by existence of
overgrown, dead or decaying vegetation; local feeder trails which were impass-
able or unsafe blocked by vegetation and lacking proper maintenance; and six
illegally installed flag pole structures constituting a hazard to pedestrians.
These conditions were in violation of Sections 8.23.050 and 8.23.060 of the
Rancho Cucamonga Municipal Code, and declared to be a Public Nuisance.
(ii) As a result of the hearing, a Notice to Abate was issued on
March 9, 1990, ordering specific methods of abatement to be completed within
ten (10) days. The methods of abatement outlined in the Notice to Abate
were: Rehabilitation of the landscaping and continued maintenance of same
along the northern property boundary; rehabilitation of trail/trail area and
continued maintenance to prevent blockages and unsafe conditions; and ren~val
of six flag pole structures and foundations.
(iii) On March 20, 1990, an appeal was filed with the City Clerk of
the City of Rancho Cucamonga. The appeal was scheduled to be heard by City
Council at their regular meeting on April 18, 1990.
(iv) On April 10, 1990, the attorney for the property owners
requested a continuance of the hearing for an appeal of an Order to Abate a
Public Nuisance. The request was granted and the hearing was re sc hedu l ed for
the regular meeting of the City Council on May 2, 1990.
(v) All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW THEREFORE, the City Council of the City of Rancho Cucamonga doe's
hereby find, determine and resolve as follows:
1. This Council hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of the Resolution are true and correct.
2. Based upon substantial evidence presented to this Council,
including written and oral staff reports, this Council hereby specifically
finds as follows:
a. The conditions on the property constitute a public nuisance
as described in the Municipal Code.
Resolution No. 90-196
Page 2
b. The methods of correction ordered were the minimum necessary
to ensure complete abatement and prevent recurrence.
c. Denial of the appeal will permit continuation of the abate-
ment process which will ensure that this matter is concluded in a complete and
timely manner.
3. Based upon the findings set forth in paragraphs I and 2 above,
the Council hereby denies the appeal of Notice to Abate the Public Nuisances
at 8493 Etiwanda Avenue, APN # 229-041-11.
4. The City Clerk shall certify to the passage and adoption of this
resolution, and it shall thereupon take effect and be in force.
PASSED, APPROVED, and ADOPTED this 16th day of May, 1990.
AYES: Alexander, Brown, Buquet, Stout
NO ES: No ne
ABSENT: Wright
Dennis L. Stout, Mayor
ATT E ST:
D~6ra J. Ad~ns, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed,
approved, and adopted by the City Council of the City of Rancho Cucamonga,
California, at a regular meeting of said City Council held on the 16th day of
May, 1990.
Executed this 17th day of May, 1990 at Rancho Cucamonga, California.
~s, City Clx. ~