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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. ~