CC RES 1989-115RESOLUTION NO* 89-115
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES DETERMINING
THAT A PUBLIC NUISANCE EXISTS AT 32525
SEACLIFF DRIVE AND AUTHORIZING THE CITY'S
CODE ENFORCEMENT OFFICIAL TO PROCEED WITH
NUISANCE ABATEMENT*
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS
AS FOLLOWS.
WHEREAS, the City's Code Enforcement Official has determined
that a public nuisance exists per Sections 1.08.010 and
8.24.070(A) of the City of Rancho Palos Verdes Municipal Code at
32525 Seacliff Drive ("subject property") because Mr. and Mrs.
James Tam ("Owners"), have engaged in unlawful grading,
unpermitted construction and illegal construction of retaining
walls which exceed three and one half feet in height on the
subject property in violation of Sections 15.08.010, 17.50.020,
17.50.070(D) and 17.56.090 of the Rancho Palos Verdes Municipal
Code* and
WHEREAS, the City's Code Enforcement official has made that
0
determination based on the following facts,
a. owners have failed to comply with the conditions imposed
by two successive conditional use permits, and have instead
engaged in grading and construction in violation of the Rancho
Palos Verdes Municipal Code and the Seacliff Hills Guidelines
applicable to the subject property*
b. on January 13, 1987, the City approved Conditional Use
Permit ("CUP") No. 23-Revision "L" authorizing construction and
landscaping on the above referenced property subject to certain
conditions. Those conditions were never complied with and
instead, Owners authorized the construction of retaining walls and
the grading and leveling of the subject property's slope without
appropriate approvals. The owners failed to comply with CUP No*
23-Revision "L"; thus it became void by operation of Section.
17.56.090 of the Rancho Palos Verdes Municipal Code;
C* On March 28, 1989, the property owners, Mr. and Mrs,,
James Tam, were:given A Notice and Order To Abate A Public
Nuisance* The Notice and orders required that Owners comply with
the conditions of CUP No. 23-Revision "Ll'.
do Instead owners submitted an application for a second
Conditional Use Permit No. 23 - Revision "HH" and Grading Permit
No. 1252 to the Department of Environmental Services in an attempt
to legalize all of the Municipal Code violations at 32525.Seacliff
Drive which constitute a public nuisance*
e. The City approved CUP No. 23 - Revision "HH" on
October 3, 1989, subject to certain conditions. The City further
gave owners until November 10, 1989 to comply with the conditions
of CUP No. 23-Revision "HH". Owners never complied with the
conditions of that CUP*
F
fo The City's Code Enforcement Official determined that a
public nuisance still existed at 32525 Seacliff Drive per Sections
1.08.010 and 8.24.070(A) of the City of Rancho Palos Verdes
Municipal Code. The code violations of unlawful grading,
unpermitted construction and illegal construction of retaining
walls which exceed three and one half feet in height still existed
unchanged and unabated notwithstanding owners' application for and
approval of a second CUP (CUP No, 23-Revision "HH") . Therefore,
on November 17.1989 the owners were served with a second Notice
and Order to Abate A Public Nuisance. Such nuisance is to be
abated by December 20, 1989 in the manner specified by the Notice.
The Notice further provided that if the violation were not cured,
the City would enter onto the property and demolish all
unpermitted construction and regrade the subject property's slope
to its original grade*
go The Owners failed to file an appeal to the second Notice
and Order To Abate A Public Nuisance with the City Clerk within
ten (10) days after the date of service of the Notice and order;
and
h. On December 5, 1989, the City Council conducted a duly
noticed public hearing to consider objections to the requested
action and gave all interested parties an opportunity to be heard
and to present evidence concerning the nuisance abatement action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS.
Section 1. That the grading and construction of a rear yard
retaining wall, and other retaining walls on the subject property,
and the failure to comply with the conditions of approval of
Conditional Use Permit No. 23 - Revision "HH" at 32525 Seacliff
Drive violate Sections 15.08.010, 17.50.020, 17.50.070(D), and
17.56.090 of the Rancho Palos Verdes Municipal Code. Said Code
violations constitute and are hereby declared to be public
nuisance per Sections 1.08.010(C) and 8.24.070(A) of the Rancho
Palos Verdes Municipal Code. The Code Enforcement Official
properly determined that said Code violations constitute a public
nuisance.
Section 2: For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby authorizes the Code
Enforcement Official to proceed with nuisance abatement at 32525
Seacliff Drive by curing the violations of Sections 15.08.010,
17*50*020y 17.50.070 and 17.56.090 of the Municipal Code as stated
in the Notice and Order. The City's Code Enforcement Official
shall commence nuisance abatement as described in the second
Resolution No. 89-115
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Notice and Order if the property owner fails to cure said
violations in the manner described in the second Notice and order
by December 20F 1989.
PASSED, APPROVED, and ADOPTED on December 5, 1989.
01
fVIa y o r
ATTEST.
City Clerk
'Mate of California
County of Los Angeles ss
City of Rancho Palos Verdes
Iy JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 89-115 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on December 5, 1989.
City Clerk;
Cija of Rancho , Palo's Verdes
Resolution No. 89-115
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