CC RES 1993-064RESOLUTION NO. 93 -64
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 20 ROCKINGHORSE ROAD
AND AUTHORIZING A LIEN FOR NUISANCE ABATEMENT COSTS ON
THE PROPERTY.
WHEREAS, in response to a citizen's complaint, the Code
Enforcement Officer inspected the property located at 20
Rockinghorse Road on May 13, 1993; and,
WHEREAS, the Code Enforcement Officer found that the unsecured
gate and full swimming pool in existence on the vacant property
were in violation of Chapter 17.42.040 of the Rancho Palos Verdes
Municipal Code; and,
WHEREAS, the record owners of the property located at 20
Rockinghorse Road, the Mortgagee of the property and the Trustee in
foreclosure all were identified and given legal notice to abate the
violations and took no action thereafter; and,
WHEREAS, the Code Enforcement Officer determined that the
violations constituted a public nuisance and an immediate threat to
the public safety and welfare; and,
WHEREAS, to eliminate said immediate threat, the Code
Enforcement Officer requested that the City Attorney obtain a
judicial warrant authorizing the City to enter the property to
abate the dangerous conditions located there; and,
WHEREAS, on June 2, 1993, upon application of the City
Attorney, the Honorable James R. Brandling of the South Bay
Municipal Court issued said Nuisance Abatement Warrant, a copy of
which is attached hereto as Exhibit- "A. " The Warrant commanded the
City to drain the swimming pool and to secure the gate on the
property; and,
.WHEREAS, the City of Rancho Palos Verdes took action to abate
the violations at 20 Rockinghorse Road by modifying the existing
gate to a self - closing and latching gate on June 2, 1993, and by
draining the swimming pool on June 8, 1993; and,
WHEREAS, the City of Rancho Palos Verdes incurred costs in the
amount of $1,672.33 in abating these violations, including employee
costs, payments to a contractor to drain the swimming pool,
supplies, and attorney's fees; 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 20 Rockinghorse Road had 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 Exhibit "B."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
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 20 Rockinghorse Road 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 20 Rockinghorse Road are
reasonable and correct, and hereby confirms the Code Enforcement
Officer's Itemized Account of Nuisance Abatement Costs, attached
hereto as Exhibit "B."
Section 3: The City Council directs staff to submit the
nuisance abatement costs to the Los Angeles County Auditor/
Controller for inclusion on the 1993-94 tax roll, as well as impose
a lien on said property with the Los Angeles County Recorder in the
amount of $1,672.33 pursuant to Chapter 8.24 of the Rancho Palos
Verdes Municipal Code.
PASSED, APPROVED AND ADOPTED on this 6th day of July, 1993.
M yor
ATTEST.
CITlY C
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,
do hereby certify that the above Resolution No, 93-64 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on July 6, 19930
City Clerk
Resolution No. 93 -64
Page 2 of 2
J
1
2 CAROL W . LYNCH
CITY ATTORNEY
3 CITY OF RANCHO PALOS VERDES
4 RICHARDS, WATSON & GERSHON
A Professional Corporation
5 CRAIG A. STEELE — State Bar No. 162523
333 South Hope Street, 38th Floor
6 Los Angeles, California 90071 -1469
(213) 626 -8484
7
8 Attorneys For Applicant,
CITY OF RANCHO PALOS VERDES
9
10 MUNICIPAL COURT OF THE SOUTH BAY JUDICIAL DISTRICT
11 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
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13 IN THE MATTER OF THE APPLICATION OF) MISC NO.
THE CITY OF RANCHO PALOS VERDES )
14 FOR A NUISANCE ABATEMENT WARRANT TO) NUISANCE ABATEMENT WARRANT;
DRAIN THE SWIMMING POOL, AND SECURE)
15 THE.GATE AT THE ABANDONED PROPERTY )
LOCATED AT 20 ROCKINGHORSE LANE, )
16 RANCHO PALOS VERDES, CALIFORNIA )
17
THE PEOPLE OF.THE STATE OF CALIFORNIA TO: Paul D.
18
Bussey, City Manager, City of Rancho Palos Verdes, California.
19
Upon the application of the City of Rancho Palos Verdes, and for
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good cause shown to this-Court, now, therefore:
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YOU ARE HEREBY COMMANDED.that you may enter the real
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property located-at 20 Rockinghorse Lane, Rancho Palos Verdes,, for
23
the sole and exclusive purposes of draining the swimming pool ftLcm
24 POj ilk. ft*-v fry CA-0 L4:)
located thereon. This warrant is issued to enable the City of �
25
Rancho Palos Verdes to protect against the immediate threat to
26
public safety posed by the filled swimming pool and unsecured gate
27
on the property.
28
RICHARDS, EXHIBIT "A!' PAGE 1
WATSON & RESOL . NO. 93 -64
GERSHON .
ATTORNEYS AT LAW
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RICHARDS 12 ,
WATSON &
GERSHON
ArioRNE fs AT LAw
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Entry to the property to execute this warrant may be made
without any further notice to the property owner. This
warrant
does not entitle the City to make any entry or inspection of any
y
structure or living quarters on the property. The warrant is
effective from the date hereof fora eriod not to exceed
p fourteen
(14) days, and it shall be returned to the judge whose si na signature
is affixed below within that period.
The draining of the swimming pool shall not be undertaken
between the hours of 6:00 p.m. and 8:00 a.m. of the followin g . da Y
The swimming pool may be drained in the resence of contractors,
,
technicians, attorneys, photographers, or others whose assistance
is necessary to.remedy the hazardous conditions that exist
on the
property.
This. warrant shall be returned to the court, with proof
of execution attached, not later than fourteen.(14) days after the
date hereof.
DATED: June ,O-)- , 1993 at
BY • 'rna��• ��' o
J��Age of the Municipal Court
EXHIBIT "A" PAGE 2
RESOL. NO. 93 -64
283.W
430601 R6876 -00001 cas 0 — 2
a
ITEMIZED ACCOUNT
NUISANCE ABATEMENT COSTS
CASE NUMBER: 3724
RECORD OWNERS: Siraj and Erika Hassanally
423 South Pacific Coast Highway
Redondo Beach, California 90277
and /or
Home Savings of America
501 Deep Valley Road
Rolling Hills Estates, CA 90274
ADDRESS OF VIOLATION: 20 Rockinghorse Road
LEGAL DECRIPTION: Lot 26, Tract #18950
PROPERTY CONDITION: Property vacant with open windows and doors. Property
maintains an unsecured gate and full swimming pool.
SCOPE OF WORK: Drain the swimming pool and install or repair a self - closing
and self - latching gate, pursuant to court order.
Description* Date Incurred
Supplies for installation
June 2, 1993
of gate springs and latch.
Salary for Public Works
June 2 and 3, 1993
Employee for repair of gate
and latch.
(7 hours @ 10.54 /Hour +
12% benefits)
Garza Construction costs
June 8, 1993
for draining the swimming
pool on the property.
(Cost includes 2 laborers plus equipment)
Cost
$ 61.08
$ 82.67
$ 357.08
Attorney costs for obtaining May 15, 1993 - June .15 , 1993 $1,171.50
warrant and conducting
investigation into property
ownership.
(City Attorney - .3 hours @a 205 /Hour)
(Deputy City Attorney - 10.1 hours @ 110 /Hour)
TOTAL $1467233
EXHIBIT "B" PAGE 1
ov
RESOL. NO. 93 -64
The above costs were incurred by the City of Rancho Palos Verdes in abatement of a nuisance at 20
Rocldnghorse Road.
i ^
Finance Director
City of Rancho Palos Verdes
* Cost backup documentation attached.
Code Nforcement Officer
City of Rancho Palos Verdes
EXHIBIT "B" PAGE 2
RESOL, NO. 93 --64
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BIWEEKLY TIME SHEET PA''PER'o 6 8 ^
ACTIVITY
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TOTAL
SIGN
REG O.T. RATS TOTAL
HOURS HOURS w��q COST M� �� WAD T`�-1U FRI SAT SUN MON TUB WED' iNU [FRI SAT SUN �
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EXHIBIT "B" PAGE 3 RESOL. NO., 93-64
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