CC MINS 19940602 SPCM I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
SPECIAL MEETING
JUNE 21 1994
The meeting was called to order at 9:00 A.M. by Mayor Steven T.
Kuykendall in the Conference Room at the Rancho Palos Verdes City
Hall, 30940 Hawthorne Boulevard, notice having been given with
affidavit thereto on file.
PRESENT: BYRD, LYON & MAYOR KUYKENDALL
ABSENT: McTAGGART AND BROOKS
Also present were City Manager Paul D. Bussey, City Clerk Jo
Purcell, Code Enforcement Officer George Rodericks, Planning
Administrator Carolynn Petru, Planning, Building & Code Enforcement
Director Bernard and, via teleconference, City Attorney Carol
Lynch.
PUBLIC HEARING
RESOL. NO. 94 -40 NUISANCE ABATEMENT
COSTS - 30704 VIA LA CRESTA (1701 x 1801 x 1203)
Mayor Kuykendall opened the public hearing on this matter and City
Clerk Purcell reported that notice had been duly published and that
no written protest had been received by the City.
Code Enforcement Officer Rodericks presented the staff report of
June 2, 1994 and the recommendation to adopt the proposed
resolution which made the following findings: 1) that the action
undertaken by the City to abate the public nuisance existing on the
property located at 30704 Via La Cresta in the City of Rancho Palos
Verdes was necessary to protect the public health, safety, and
welfare; 2) that the costs incurred by the City to abate the
nuisance at 30704 Via La Cresta are reasonable and correct,
confirming the Code Enforcement Officer's Itemized Account of
Nuisance Abatement costs; and, 3) Direct 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 the costs.
Mr. Rodericks then proceeded to brief the Council on the background
of this matter: on November of 1992, the property owner abandoned
construction of a dwelling unit at 30704 Via La Cresta. Building
permits for the property expired by limitation on October 20, 19 9 3 .
Subsequently, in response to a citizen's complaint, City Planning
Staff inspected the property located at 30704 Via La Cresta on or
about February 19, 1993. Staff found that the property was in a
state of disrepair and a potential danger of injury to neighbors,
children, and passersby. The property was maintained with an open
trench, exposed rebar, uncapped electrical lines with an
unpermitted electrical box, exposed and unfinished plumbing pipes
and fixtures, rusting, dangerous and unsightly exposed upright
foundation support poles, overgrown weeds and vegetation, an
accumulation of trash, debris, rock, and unused and fire damaged
lumber, and dilapidated and non - working perimeter fencing. During
the course of 1993, Staff made a number of repeated unsuccessful
attempts to contact the property owner of record to gain full
compliance. Partial compliance was achieved in March 1993;
however, the property again fell into disrepair and with the
expiration of the Building Permits in October 1993, a new Code
Enforcement case was initiated, Unfortunately, Staff was unable to
gain compliance from the property owner. As a result, at the end
of the established enforcement process, the case was finally
referred to the City Prosecutor for legal action in March 1994.
On March 17, 1994, an office conference was scheduled with the
property owner, an enforcement Staff representative, and. the City
Prosecutor. The property owner was notified well in advance of the
meeting via registered mail, but failed to attend. The property
was inspected again on April 12, 1994, and found to remain in
violation. The property owner was notified by mail that immediate
abatement of the specified conditions was required. Again, no
response from the property owner was received.
City Staff then determined the property to be a public nuisance, as
a matter of law, since it posed a threat to the public health,
safety, and welfare of the neighboring properties; and, directed
the City Attorney to obtain. a Nuisance Abatement Warrant to enter
the property and abate the known public nuisances as identified
above. Under authorization of the Nuisance Abatement Warrant, on
April 22, 1994, the City took action to initiate abatement of the
nuisance on the above referenced property by having a private
contractor remove all overgrown weeds and vegetation; removing the
unpermitted electrical box and capping all the electrical lines;
cutting and removing all upright foundation poles; cutting and
removing all exposed plumbing pipes and fixtures; cutting and
removing all exposed rebar to the foundation; filling in the trench
and removing the exposed rebar at the front of the foundation;
removing all trash, debris, rock and lumber; and, removing the
temporary fencing once the property had been restored to a safe
condition.
Continuing with his report, Mr. Rodericks said that Chapter 8,24 of
the Rancho Palos Verdes Municipal Code authorized the City Council
to assess all costs incurred. for abatement of violations which
constitute a public nuisance as a lien against said property. The
costs incurred during the abatement of this violation, including
pursuit and legal action., had been itemized by the Finance Director
CITY COUNCIL MINUTES
JUNE 21 1994
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and Code Enforcement Officer pursuant to Rancho Palos Verdes
Municipal Code Section 8.24.110.
There being no response to the Mayor's call for public testimony,
Councilman Byrd moved, seconded by Councilwoman Lyon to close the
public hearing. Motion carried.
RESOL. NO. 94 -40 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS FOR THE
PROPERTY LOCATED AT 30704 VIA LA CRESTA; AND, AUTHORIZING A LIEN
FOR INCURRED NUISANCE ABATEMENT COSTS TO BE PLACED ON THE SUBJECT
PROPERTY was presented by title and ADOPTED on motion of Councilman
Byrd, seconded by Councilwoman Lyon. The motion carried on the
following roll call vote:
AYES: BYRD, LYON & MAYOR KUYKENDALL
NOES: NONE
ABSENT: McTAGGART & BROOKS
ADJOURNMENT: At 9:10 A.M. the meeting adjourned on motion of
Mayor Kuykendall.
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