CC RES 2008-094 RESOLUTION NO. 2008-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING THE
ASSESSMENT ASSOCIATED WITH THE NUISANCE
ABATEMENT COSTS FOR THE REAL PROPERTY
LOCATED AT 26105 BARKSTONE DRIVE AND
DIRECTING THE RECORDATION OF THE LIEN
THEREFOR.
WHEREAS, on June 20, 2003, the Director of Planning, Building and Code
Enforcement ("Director") approved View Preservation Permit No. 64, which required the
owners, Mr. Francis and Dixie Semelka (herein "the foliage owners") of the property
located at 26105 Barkstone Drive to trim three (3) trees on the property to preserve the
applicant's view from 5703 Wildbriar Drive; and,
WHEREAS, on July 5, 2003, the Director's decision was final, since no appeal
had been submitted by the foliage owners or by any other party; and,
WHEREAS, on October 31, 2005, in addition to the original three (3) trees
subject to Director's decision trimming requirements, the foliage owners at 26105
Barkstone Drive were notified by Staff to trim two (2) additional Pine trees on their
property as they had grown to significantly impair the applicant's view from 5703
Wildbriar Drive.
WHEREAS, after repeated attempts were made by the City to have the foliage
owners comply with the Director's decision, the City Attorney's Office obtained a warrant
from the Los Angeles Superior Court on April 2, 2008, so that the City could have a tree
trimming service trim the trees on the foliage owners' property and thereby abate the
nuisance on the property located at 26105 Barkstone Drive, and gave notice of the
issuance of the warrant to the foliage owners; and,
WHEREAS, on April 10, 2008 and on April 15, 2008, the City scheduled the
City's contract tree trimming service to perform the work on the foliage owners' property
and made attempts to perform the necessary tree trimming work pursuant to the warrant
that was issued by the court, but the foliage owners prevented the work from being
performed by denying the City access to their property; and,
WHEREAS, pursuant to the warrant that was issued by the court, on April 16,
2008, the City's contract trimming service with the assistance of the Los Angeles
County Sheriff's Department on-site, successfully carried out the necessary tree
trimming work; and,
WHEREAS, after receiving invoices from the City Attorney's office (Richards,
Watson & Gershon) and the tree trimming service (West Coast Arborists), the City paid
the costs of such legal services and tree trimming, in the sum of $4,257 and $1,198
respectively; and,
WHEREAS, the total cost to complete the abatement work, which includes Staff's
fully burdened rate in the amount of $696.99, plus the legal fees and costs, and the tree
trimming service's costs, is $6,151.99; and,
WHEREAS, pursuant to Chapter 8.24 and Section 17.02.040 C2h of the Rancho
Palos Verdes Municipal Code and California Government Code Section 38773, all costs
of the abatement of the public nuisance, including, but not limited -to, the trimming,
culling, and lacing of trees and foliage, are the responsibility of the foliage owners, and
are subject to an assessment therefore and recordation as a lien against the subject
property; and,
WHEREAS, on May 30, 2008, City Staff mailed by certified and regular United
States mail a letter to the foliage owners, which included an itemized cost accounting
record of the costs incurred by the City in seeking the warrant and trimming the trees,
and requested payment of all of the expenses incurred by the City in connection with
the abatement work; and,
WHEREAS, after the deadline that had been established by the City for the
foliage owners to reimburse the City for its costs had passed without receiving payment
from the foliage owners, City Staff mailed a letter to the foliage owners on September 3,
2008, giving them notice of the public hearing that was to be held by the City Council on
October 7, 2008, and notice of the public hearing also was published in the Palos
Verdes Peninsula News on September 6, 2008; and,
WHEREAS, on October 7, 2008, the City Council held a duly noticed public
hearing to consider the special assessment to be imposed on the foliage owners'
property, at which time, all interested parties were given an opportunity to be heard and
present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Based on the staff report, the itemized accounting of the costs that
were incurred by the City in connection with trimming the trees on the foliage owners'
property and all of the evidence presented to the City Council at the public hearing, all
of which is incorporated herein by this reference, the City Council hereby confirms the
assessment on the property located at 26105 Barkstone Drive, owned by Mr. Francis
and Dixie Semelka.
Section 2: The Notice of Lien is confirmed as follows:
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NOTICE OF LIEN
Pursuant to the authority vested in the Code
Enforcement Official by the provisions of Title 8, Chapter
8.24 of the Rancho Palos Verdes Municipal Code, the Code
Enforcement Official's designee, Senior Planner John
Alvarez, on or about the 16 day of April, 2008, caused the
abatement of a nuisance on real property, and the City
Council of the City of Rancho Palos Verdes, on the 7th day
of October, 2008, assessed the costs of such abatement
upon said real property, and the same has not been paid
nor any part thereof, and the City of Rancho Palos Verdes
does hereby claim a lien on said real property for the net
expense of the doing of said abatement in the amount of
$6,151.99, and this amount shall be a lien upon said real
property until the sum of $6,151.99, with interest at the rate
of six (6%) per annum from the 7th day of October, 2008,
has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a
lien is claimed, is that certain parcel of land in the City of
Rancho Palos Verdes, County of Los Angeles, State of
California, and more particularly described as follows:
Lot 38 of Tract 19683 and commonly known as
26105 Barkstone Drive, Rancho Palos Verdes, CA;
Assessor Parcel Number 7546-025-023
Dated: this 7th day of October, 2008.
/s/ Dennis McLean
FINANCE DIRECTOR OF THE
CITY OF RANCHO PALOS VERDES
Section 3: Upon recordation of the Notice of Lien, the assessment shall
constitute a lien on the real property.
Section 4: Pursuant to Section 8.24.160(A) of the Rancho Palos Verdes
Municipal Code, the City shall forward a copy of the recorded Notice of Lien to the
auditor of Los Angeles County, who shall enter the amount on the County assessment
book opposite the description of the particular property, and the amount shall be
collected together with all other taxes against the property.
Section 5: Pursuant to Section 8.24.160(B) of the Rancho Palos Verdes
Municipal Code, the amount set forth in the Notice of Lien shall thereafter be collected
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at the same time and in the same manner as ordinary City taxes are collected, and shall
be subject to the same penalties and interest and to the same procedure under
foreclosure and sale in case of delinquency to the levy, collection and enforcement of
City taxes are made applicable to such assessment.
Section 6: The time within which the judicial review of the decision reflected in
this Resolution must be sought is governed by Section 8.24.140 of the Rancho Palos
Verdes Municipal Code and other applicable shortened periods of limitation.
PASSED, APPROVED, AND ADOPTED on the 7th day • Oc ber 200:
Mayor
Attest:
fl,
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk for the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2008-94 was duly and regularly passed and adopted by
the said City Council at a regular meeting held on October 7, 2008.
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City Clerk
1089302 Resolution 2008-94
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