CC RES 1996-087RESOLUTION NO. 96 -87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CONFIRMING THE REPORT OF
NUISANCE ABATEMENT COSTS WITHIN "WINDPORT
CANYON" AND AUTHORIZING A LIEN FOR NUISANCE
ABATEMENT COSTS TO BE PLACED ON THE SUBJECT
PROPERTY WHICH CONSISTS OF ASSESSORS PARCELS
7583 - 022 -0131 AND 7583 - 039 -030
WHEREAS, in response to a citizen's complaint, City Staff inspected the property
commonly referred to as Windport Canyon on or about October 5, 1995, and repeatedly
thereafter; and,
WHEREAS, Staff found that wood chips and debris had been illegally dumped and
spread throughout much of the site, specifically on two separate parcels which comprise
the majority of Windport Canyon, which have been identified as Assessor's Parcels 7583-
022 -013 and 7583 - 039 -030, in violation of the Rancho Palos Verdes Municipal Code and
the Los Angeles County Fire Code; and,
WHEREAS, Staff made repeated unsuccessful attempts to gain compliance through
contact of the property owner of record; and,
WHEREAS, the City of Rancho Palos Verdes and the Los Angeles County Fire
Department determined the wood chips and debris to be a public nuisance as a matter of
law as it posed a threat to the public health, safety and welfare to the property and
adjacent properties, City Staff directed the City Attorney to obtain a Nuisance Abatement
Warrant to secure removal of the wood chips and debris; and,
WHEREAS, California Government Code Section 38773 and 38773.5 and Chapter
8.24 of the Rancho Palos Verdes Municipal Code authorizes the City Council to assess
all costs incurred for abatement of violations which constitute a public nuisance as a lien
against said property; and
WHEREAS, the costs incurred during abatement of the violation of the above
referenced site, to include pursuit and legal action have been itemized by the Finance
Director and Code Enforcement Officer pursuant to Rancho Palos Verdes Municipal Code
Section 8.24.110, a copy of which itemization is attached hereto as Attachment "A "; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Municipal Code, the City Council held a hearing on September 17, 1996, 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: The City Council finds that the costs incurred by the City to abate the
nuisance at the above referenced site are reasonable and correct, and hereby confirms
the Code Enforcement Officer's Itemized Account of Nuisance Abatement Costs, attached
hereto as Attachment A.
Section 2: The City Council hereby directs Staff to submit to the Los Angeles
County Auditor /Controller for collection in the next applicable tax roll year the confirmed
Nuisance Abatement costs in the amounts of $36,551.06 for Assessor's Parcel umber
7583 - 022 -013, and $6,450.19 for Assessor's Parcel Number 7583 - 039 -030. The City
Council further directs the City Attorney and the Finance Director to prepare and cause to
be recorded in the Office of the Los Angeles County Recorder appropriate. notices of liens
which indicate the amount of Nuisance Abatement Costs assessed against the subject
property as well as the cumulative amount due for the two parcel.
Section 3: Interested parties are hereby notified that the time within which judicial
review of this decision must be sought, if available, is governed by Section 1094.6 of the
California Code of Civil Procedure.
PASSED, APPROVED AND ADOPTED on this 1 st day of October, 1996.
ATTEST:
ity Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)ss
!ayAr
I Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 96 -87 was duly and regularly passed and adopted by the said City
Council at a regular meeting held on October 1, 1996.
City Clerk
N AGROUP\PLANNINGUINDREMM
Resolution No. 96 -87
Page 2 of 2
11 NO. 9
EXHBTT
Attachment A
ITEMIZED ACCOUNT
NUISANCE ABATEMENT COSTS
AUGUST 209 1996
RECORD OWNER:
Gemini Bancorp
2042 Armacost Avenue
Los Angeles, CA.. 90025
ASSESSORS PARCEL NUMBERS: 7583 -022 -013
7583 - 039 -030
PROPERTY CONDITION:
Vacant property's maintained wood chips and
debris in violation of the Rancho Palos Verdes
Municipal Code and the Los Angeles County
Fire Code.
SCOPE OF WORK:
Contract with a qualified company for the
removal, cartage and disposal of
approximately 2400 cubic yards of wood chips
and other organic debris.
Cost Summary
Description
Date Incurred C.-
r
Wood Chips
Removal of W p
Jul Y 24, 1996 $ 39,500.00
Legal Fees
Jul 1996 $ 37301.05
Y
August 1996
Staff Time
July 1996 200.20
August 1996
Total Costs Incurred
$ 439001.25
11 NO. 9
EXHBTT
The above costs were incurred by the City of Rancho Palos Verdes in abatement of a
nuisance on Assessor's Parcels 7583 - 022 -013, 7583 - 039 -030.
/S/ Dennis McLean
Finance Director,
Dennis McLean
City of Rancho Palos Verdes
Attachments
Cost Attachment A
/ J19n A. Po 1_a_rd
Mode Enfo: cement Officer,
,ion A. Pollard
City of Rancho Palos Verdes
Reno -1. loo. 96--87
Exhibit- A page 2
Cost Attachment A
Resolution No. 96-87
Exhbit A page 3