ORD 442 ORDINANCE NO. 442
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 17.02.040 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE RELATING TO COST RECOVERY
FOR VIEW RESTORATION AND VIEW PRESERVATION.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 17.02.040(C)(2) of Chapter 17.02 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph d thereof
and adding a new paragraph e thereto to read as follows:
"d. Should the commission make findings requiring issuance of a view
restoration permit, the director shall send a notice to the property owner to trim, cull, lace or
otherwise cause the foliage to be reduced to sixteen feet or the ridge line of the primary
structure, whichever is lower, or such limit above that height which will restore the view. The
property owner will have ninety calendar days to have the foliage removed. The applicant shall
be responsible for the expense of the foliage removal and/or replacement ordered pursuant to
this subsection only to the extent of the lowest bid amount provided by contractors licensed to
do such work in the city of Rancho Palos Verdes and selected by the applicant. After the initial
trimming, culling, lacing or removal of the foliage, the owner, at the owner's expense, shall be
responsible for maintaining the foliage so that the view restoration required by the view
restoration permit is maintained.
"e. If, after ninety calendar days, the foliage has not been removed or
trimmed in accordance with the requirements of a view restoration or view preservation permit,
the City of Rancho Palos Verdes will authorize a bonded tree service to trim, cull, lace or
remove the identified foliage at the owner's expense. In the event that the City is required to
perform the work, the foliage owner will be billed for all City expenses incurred in enforcing the
view restoration or preservation permit (including reasonable attorney's fees). If the property
owner does not pay the City for the amount set forth on the invoice, the City may record a lien or
assessment against the foliage owner's property, pursuant to Title 8, Chapter 24 of the Rancho
Palos Verdes Municipal Code."
Section 2. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain
in full force and effect.
Section 3. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the
adoption and posting of this Ordinance, and shall cause this Ordinance and its certification,
together with proof of posting, to be entered in the Book of Ordinances of the Council of this
City.
Section 4. This Ordinance shall go into effect and be in full force and effect at 12:01
a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this 5th day of September 2006.
4111. A.0—ageatt.
Mayor
Attest:
Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 442 passed first reading on August 15, 2006, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
September 5, 2006, and that the same was passed and adopted by the following roll
call vote:
AYES: Clark, Gardiner, Long, and Mayor Wolowicz
NOES: None
ABSENT: Stern
ABSTAIN: None
CI Clerk
Ordinance No. 442
Page 2of2
RANCHO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on September 7, 2006, she caused to be posted the following document
entitled:
ORDINANCE NO. 442 — AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 17.02.040 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO COST RECOVERY FOR VIEW RESTORATION
AND VIEW PRESERVATION, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center •
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 442-Cost Recovery for View Restoration&Preservation.doc