CC RES 2012-060 RESOLUTION NO. 2012-60
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 3527 HEROIC DRIVE AND DIRECTING THE
RECORDATION OF THE LIEN THEREFOR.
WHEREAS, on January 26, 2010, the Community Development Director
("Director") approved View Preservation Permit No. 2009-00037, which required the
owner, Ms. Valsiliki Buegel (herein "the foliage owner") of the property located at 3527
Heroic Drive to trim one (1) eucalyptus tree on the property to preserve the Applicant's
view from 3648 Vigilance Drive; and,
WHEREAS, on February 10, 2010, the Director's decision was final, since no
appeal had been submitted by the foliage owner or by any other party; and,
WHEREAS, in August 2010, the foliage owner completed this initial trimming per
View Preservation Permit No. 2009-00037; and,
WHEREAS, in September 2011, Staff visited the Applicant's property at his
request and noted that in addition to the original Eucalyptus tree subject to the
Director's decision trimming requirements, one (1) additional eucalyptus tree had grown
to significantly impair the Applicant's view. The foliage owner at 3527 Heroic Drive was
then notified to trim these two Eucalyptus trees per the maintenance requirements for
View Preservation Permit No. 2009-00037 via letters sent by regular mail to 3527
Heroic Drive on October 3, 2011 and November 8, 2011; and,
WHEREAS, after repeated attempts were made by the City Attorney's Office via
letters sent via Fedex and U.S. Mail on December 13, 2011 and January 17, 2012 to the
3527 Heroic Drive address, to have the foliage owner comply with the maintenance
trimming requirement, the City Attorney's Office obtained a warrant from the Los
Angeles Superior Court on March 12, 2012, so that the City could have a tree trimming
service trim the trees on the foliage owner's property and thereby abate the nuisance on
the property located at 3527 Heroic Drive, and gave notice of the issuance of the
warrant to the foliage owner by posting the warrant on- the property on March 13, 2012;
and,
WHEREAS, on March 21, 2012, with the Los Angeles County Sheriffs
Department onsite, the City's contract tree trimming service, West Coast Arborists, Inc.,
performed the necessary tree trimming work on the foliage owner's property pursuant to
the warrant that was issued by the court; and,
WHEREAS, after receiving invoices from the City Attorney's office (Richards,
Watson & Gershon) and the tree trimming service (West Coast Arborists, Inc.), the City
paid the costs of such legal services and tree trimming, in the sum of $2,887.50 and
$480.00 respectively; and,
WHEREAS, the total cost to complete the abatement work, which includes Staff's
fully burdened rate in the amount of $1,386.62, plus the legal fees and costs, and the
tree trimming service's costs, is $4,754.12; and,
WHEREAS, pursuant to Chapter 8.24 and Section 17.02.040.C.2.h 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
owner, and are subject to an assessment therefore and recordation as a lien against the
subject property; and,
WHEREAS, on May 23, 2012, City Staff mailed a letter via certified and regular
U.S. mail to the foliage owner at the 3527 Heroic Drive address, 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 owner to reimburse the City for its costs had passed without receiving payment
from the foliage owner, City Staff mailed letters to the foliage owner on July 5, 2012 and
July 30, 2012. Copies of the July 5, 2012 letter, which included the date of the City
Council hearing, were sent via certified mail to Ms. Buegel's Las Vegas address and
sent via regular mail to her 3527 Heroic Drive address. Copies of the July 30, 2012
letter giving them notice of the public hearing that was to be held by the City Council on
August 21, 2012 were sent via regular mail to Ms. Buegel's Las Vegas address and her
3527 Heroic Drive address. Notice of the public hearing also was published in the
Palos Verdes Peninsula News on August 2, 2012; and,
WHEREAS, on August 21, 2012, the City Council held a duly noticed public
hearing to consider the special assessment to be imposed on the foliage owner's
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 owner's
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 in the amount of $4,754.12 on the property located at 3527 Heroic Drive,
owned by Ms. Valsiliki Buegel.
Section 2: The Notice of Lien is confirmed as follows:
Resolution 2012-60
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NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Official (as defined in
Section 8.24.030 of the Rancho Palos Verdes Municipal Code) by the provisions of Title 8,
Chapter 8.24 of the Rancho Palos Verdes Municipal Code, the Code Enforcement Official, on or
about the 21st day of March, 2012, caused the abatement of a nuisance on real property
described below, and the City Council of the City of Rancho Palos Verdes, on the 21St day of
August, 2012, pursuant to its Resolution No. 2012-_, 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 $4,754.12, and this amount shall be a lien upon said
real property until the sum of$4,754.12, together with accrued interest on the unpaid balance at
the rate of six (6%) per annum (computed on the basis of a 360-day year) from the 21st day of
August, 2012, has been paid in full and discharged of record.
The assessment described herein will be payable at the same time and in the same installments
as the general taxes on real property are payable, and will become delinquent at.the sar�e time
and in the same proportionate amounts and bear the same proportionate penalties and interest
after delinquency as do general taxes on real property; and the property described herein will be
subject to sale in case of delinquency by the tax collector after three years pursuant to the same
procedures as for delinquent property taxes.
l
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 41 of Tract 26834 and commonly known as 3527
Heroic Drive, Rancho Palos Verdes, CA;
Assessor Parcel Number 7564-016-004
The name of the record owner of such above described property is Valsiliki Buegel.
Dated: this 21St day of August, 2012.
C
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.
Resolution 2012-60
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Section 5: Pursuant to Section 8.24.160.13 of the Rancho Palos Verdes
Municipal Code, the amount set forth in the Notice of Lien shall thereafter be collected
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 21St day of August 2012.
M or
Aftest:
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. 2012-60 was duly and regularly passed and adopted by
the said City Council at a regular meeting held on August 21, 201
City Clerk
Resolution 2012-60
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