CC RES 2000-090 RESOLUTION NO. 2000-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DECLARING THE ILLEGAL GRADING/DUMPING AT 1942
CADDINGTON DRIVE A PUBLIC NUISANCE WHICH MUST BE ABATED,
AND DIRECTING STAFF AND THE CITY ATTORNEY'S OFFICE TO
PROCEED WITH APPROPIATE ENFORCEMENT ACTIONS
WHEREAS, on November 22, 1999, City Staff received a complaint of
illegal grading occurring at 1942 Caddington Drive ("the subject property"),
conducted an inspection, confirmed the violation, and commenced regular code
enforcement inspections of the subject property, including issuing notices to the
property owner, Mr. Jim Dao, ("the property owner"), on November 23, 1999,
January 12, 2000, February 14, 2000, April 24, 2000, July 7, 2000, and
September 27, 2000, advising him of the violation, and providing him an
opportunity to correct the violation; and
WHEREAS, Staff issued a "stop work" order to the property owner on
November 22, 1999; and,
WHEREAS, after duly noticing the property owner, City Staff conducted an
Administrative Hearing on May 18, 2000, attended by a representative of the City
Attorney's office, City Staff, and the property owner. At that meeting, Staff and
the property owner agreed that the property owner would retain a geologist and
have a eolo report prepared and submitted to the City for review by Staff, so
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that the property owner subsequently could file an application to construct a
retaining wall to secure the slope that the property owner previously had
undermined and thereby improve the stability of the undermined slope and the
safety and stability of the adjacent upslope property and the City sidewalk; and
WHEREAS, after the property owner submitted a geology report on
September 5, 2000, the City Geologist issued a letter dated September 14, 2000,
requesting additional information be submitted to augment the geology report;
and
WHEREAS, the property owner, after being duly noticed and contacted by
City Staff, by telephone and in person, failed to submit the additional information
required by the City Geologist; and
WHEREAS, on September 29, 2000, Staff again was called to the
property in response to a complaint that additional grading and excavation was
occurring at the property in violation of the stop work order that had been issued
previously, which resulted in a second "stop work" order being issued by the City
on that date; and
WHEREAS, on December 19, 2000, the Council held a duly noticed public
hearing to determine whether the grading at the property without a permit issued
by the City and the deposit of debris down the slope and into the adjacent
canyon is a public nuisance, at which time, all interested parties were given an
opportunity to be heard and present evidence;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Based on the Staff report and the exhibits thereto, and the
testimony that was presented at the hearing, the City Council hereby finds that all
of the recitals set forth above are true and correct. The City Council further finds
that the owner of the property located at 1942 Caddington Drive, Mr. Jim Dao,
has maintained and continues to maintain conditions on his property in violation
of Section 17.76.040 of the Rancho Palos Verdes Municipal Code. The
violations of the Rancho Palos Verdes Municipal Code consist of illegal grading
and excavation exceeding three feet in height, which is undermining the adjacent
upslope property and the sidewalk located on the public right-of-way, and
dumping the excavated debris into the adjacent canyon. In addition to
constituting violations of the Municipal Code, these conditions also constitute an
immediate threat to the public health, safety and welfare and to the stability of
adjoining private property and the sidewalk located on the City public right-of-
way.
Section 2: Based on the foregoing information, and on the information in
the staff report and evidence presented at the public hearing, the City Council of
the City of Rancho Palos Verdes hereby declares the aforementioned conditions
located on the property at 1942 Caddington Drive to be a public nuisance.
Section 3: The City Council hereby directs Staff and the City Attorney to
initiate proceedings, including, without limitation, the filing of any appropriate
legal action, to abate the public nuisance and to gain compliance with the
Rancho Palos Verdes Municipal Code.
PASSED, APPROVED and ADOPTED this 19th day of December, 2000.
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ATTEST:
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City Clerk
Resolution No. 2000-90
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State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify
that the above Resolution No. 2000-90 was duly and regularly passed and
adopted by the said City Council at regular meeting thereof held on December
19, 2000.
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City Clerk
Resolution No. 2000-90
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