CC RES 1994-035RESOLUTION NO. 94 -35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING THE REPORT
OF NUISANCE ABATEMENT COSTS FOR THE PROPERTY
LOCATED AT 30604 VIA LA CRESTA AND AUTHORIZING
A LIEN FOR NUISANCE ABATEMENT COSTS TO BE
PLACED ON THE SUBJECT PROPERTY.
WHEREAS, in response to a citizen's complaint, City Staff
inspected the property located at 30604 Via La Cresta on or about
December 6, 1991; and,
WHEREAS, Staff found that a satellite dish antenna had been
erected upon the property without the required permits and
approvals, in violation of Rancho Palos Verdes Municipal Code
Section 17.41.170; and,
WHEREAS, Staff made several unsuccessful attempts to contact
the property owner of record to gain compliance; and,
WHEREAS, to verify the location of the antenna, the Code
Enforcement Officer requested that the City Attorney obtain a
judicial warrant authorizing the City to enter the property to
inspect the antenna; and,
WHEREAS, on May 4, 1993, the Code Enforcement Officer was
granted an inspection warrant for the above mentioned property by
the Honorable Dudley W. Gray, Judge of the South Bay Municipal
Court; and,
WHEREAS, on May 12, 1993, the inspection warrant was executed
revealing that the satellite dish antenna was illegally installed
without a permit; was located within a required side setback area;
and, exceeded the maximum 16 feet height limit; all of which is in
violation of Rancho Palos Verdes Municipal Code Section 17.41.170;
and,
WHEREAS, the City Staff directed the City Attorney to file a
Misdemeanor Complaint for the alleged violation, which was granted
by the South Bay Municipal Court on July 23, 1993; and,
WHEREAS, the property owner of record was found guilty of the
violation, fined, and sentenced to probation; and,
WHEREAS, the property owner of record failed to adhere to the
probation standards as set by South Bay Municipal Court requiring
removal of the satellite dish antenna and payment of penalty fees
and fines; and,
WHEREAS, on February 8, 1994, Honorable Dudley W. Gray, Judge
of the South Bay Municipal Court revoked probation for the record
owner and issued a bench warrant for the arrest of the property
owner of record; and,
WHEREAS, the Los Angeles County Sheriff's Department was
unable to secure the property owner of record and the satellite
dish antenna remained on the property; and,
WHEREAS, the City determined the antenna to be a public
nuisance as a matter of law as it posed a threat to the public
health, safety and welfare to the neighboring properties and
directed the City Attorney to obtain a Nuisance Abatement Warrant
to secure removal of the satellite dish antenna; and,
WHEREAS, under authorization of the Nuisance Abatement
Warrant,, on March 31, 19 9 4 , the Code Enforcement Officer took
action to abate the violations on the above referenced property by
securing removal of the satellite dish antenna by a qualified
contractor and placing the antenna components elsewhere on the
property in a location which did not violate the Rancho Palos
Verdes Municipal Code, without reinstalling the antenna; and,
WHEREAS, 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
at 30604 Via La Cresta, 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.
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 action
undertaken by the City to abate the public nuisance existing on the
property located at 30604 Via La Cresta in the City of Rancho Palos
Verdes was necessary to protect the public health, safety, and
welfare.
Section 2: The City Council finds that the costs incurred
by the City to abate the nuisance at 30604 Via La Cresta are
reasonable and correct, and hereby confirms the Code Enforcement
Officer's Itemized Account of Nuisance Abatement Costs, attached
hereto as Attachment A.
Section 3: The City Council directs Staff to submit the
nuisance abatement costs to the Los Angeles County
Auditor /Controller for inclusion on the 1994 -95 tax roll, as well
as impose a lien on said property with the Los Angeles County
Recorder in the amount of $5,046.09 pursuant to Chapter 8.24 of the
Rancho Palos Verdes Municipal Code.
Resolution No. 94 -35
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PASSED, APPROVED AND ADOPTED on this 17th day of May, 1994.
Mayor
ATTEST:
S'IWE OF. CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)SS
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the above Resolution No. 94 -35 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on May 17, 1994.
City ��rk
City Rancho Palos Verdes
Resolution No, 94 -35
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