CC RES 1989-086RESOLUTION NO. 89 - 86
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES DISMISSING
THE APPEAL OF THE NOTICE AND ORDER TO ABATE
A PUBLIC NUISANCE AT 5500 PALOS VERDES
DRIVE SOUTH.
WHEREAS, the City's Code Enforcement Official determined that
a public nuisance exists per Sections 1.08.010(C). and 8.24.070 of
the Municipal Code at 5500 Palos Verdes Drive South; and
WHEREAS, on May 18, 1989, the property owners were given A
Notice and Order to Abate A Public Nuisance within a specified
time; and
WHEREAS, on May 23, 1989, the property owner, Mr. James W.
Eisenburg, filed an appeal to the Notice and Order to Abate A
Public Nuisance with the City Clerk within 10 days after the. date
of service of the notice and order; and
WHEREAS, on July 18, 1989, the City Council directed the
property owner to file a request for a Moratorium Exemption in an
attempt to legalize the unapproved work which was determined to
constitute the public nuisance. The council tabled the property
owner's appeal of the nuisance abatement action until a decision
is made on the property owner's Moratorium Exemption request; and
WHEREAS, on August 15, 1989, the City Council denied the
property owner's request for Moratorium Exemption No. 31 to allow
approval of an existing pool, spa, accessory structure, decorative
lattice work-and deck at 5500 Palos Verdes Drive South; and
WHEREAS, on September 5, 1989, the City Council heard the
appeal to the Notice and Order 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: That the installation of a pool and spa
construction of an accessory structure (barn), deck and decorative
latticework at 5500 Palos Verdes Drive South are in violation of
Section 15.04.010, 15.20.020, 17.40.050, and 17.66.010 of the
Rancho Palos Verdes Municipal Code and therefore has been
determined by the Code Enforcement Official to be a public
nuisance per Sections 1.08.010(c) and 8.24.070(B) of the Rancho
Palos Verdes Municipal Code.
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Section 2. For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby dismisses the appeal by the
property owner and authorizes the Code Enforcement Official to
proceed with nuisance abatement at 5500 Palos Verdes Drive by
curing the violations of Sections 15.04.010, 15*,2090201 17*40*0501)
and 17.66.010 of the Code as stated in the Notice and Order if the
property owner fails to cure said violations in the manner
described in the Notice and Order within thirty (30) days of the
adoption of this resolution or fails to execute a Compliance
Agreement to effect mitigating measures to the satisfaction of the
City Council,
PASSED, APPROVED, and ADOPTED on September 5, 1989.
Mayor
ATTEST.
City Clerk
e
State of California
County of Los Angeles
City of Rancho Palos Verdes)
I, JO PURCELL, City Clerk of the City of Rancho Palos
hereby certify that the above Resolution No. 89-86 was
regularly passed and adopted by the said City Council
meeting thereof held on September 5, 1989.
Verdes,
duly and
at a regular
Y C 1 e'rk
y of Rancho
des
Resolution No. 89-66
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