RPVCCA_CC_SR_2012_08_21_01_Special_Assessment_3527_Heroic_DrDate:
PUBLIC HEARING
August 21,2012
Subject:Special Assessment for Nuisance Abatement Costs at 3527 Heroic
Drive
Subject Property:3527 Heroic Drive
1.Declare the Hearing Open:Mayor Misetich
2.Report of Notice Given:City Clerk Morreale
3.Staff Report &Recommendation:Associate Planner Amy Seeraty
4.Public Testimony:
Appellants:N/A
Applicant:City of Rancho Palos Verdes
5.Council Questions:
6.Rebuttal:
7.Declare Hearing Closed:Mayor Misetich
8.Council Deliberation:
9.Council Action:
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CITY OF
TO:
FROM:
DATE:.
SUBJECT:
MEMORANDUM
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY DrT DIRECTOR
AUGUST 21,2012
SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT COSTS
AT 3527 HEROIC DRIVE
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
Project Manager:Amy Seeraty,Associate Planner ftc7
RECOMMENDATION:
Adopt Resolution No.2012-_;(Exhibit A),thereby confirming the proposed special
assessment of $4,754.12 upon finding that the assessment has been correctly made and
all applicable provisions of Title 8 Chapter 24 of the Rancho Palos Verdes Municipal Code
(RPVMC)have been complied with,and direct Staff to execute and file in the office of the
Los Angeles County recorder a Notice of Lien certificate on the property at 3527 Heroic
Drive in order to recover the City's abatement costs.
DISCUSSION
Staff Decision and Subsequent Compliance Actions Related to View Preservation
Permit No.2009·00037
On January 26,2010,the Community Development Director approved View Preservation
Permit No.2009-00037 (Exhibit J),which required the property owner of 3527 Heroic Drive
(Ms.Valsiliki Buegel)to trim a Eucalyptus tree in her rear yard because it was significantly
imparing the view from 3648 Vigilance Drive.After the 90-day trimming period had expired
with no trimming being completed,and after the City Attorney had sent several letters
mandating compliance with the Notice of Decision,the foliage owner completed this initial
trimming in August 2010.
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In September 2011,Staff visited the Applicant's property at his request,and noted that in
addition to the original Eucalyptus tree that had grown back up into the view,one (1)
additional eucalyptus tree had grown into the Applicant's view.Accordingly,the property
owner at 3527 Heroic Drive was notified on October 3,2011 and November 8,2011 via
letters (Exhibit K)to complete maintenance trimming on a total of two (2)trees,the one (1)
tree noted in the original 201 0 decision and the one (1)additional tree noted in 2011,so as
to preserve the view from 3648 Vigilance Drive.The foliage owner was also given notice
that failure to complete the tree trimming would result in the City seeking a court order that
would enable the City's contract tree trimming crew to perform the necessary work to bring
their property to compliance with the Director's decision.In addition,the November letter
stated that should the City have to perform the required work,pursuant to the City's
applicable municipal code sections and View Restoration and Preservation Guideline
procedures,they would be billed for the expenses incurred by the City in bringing the
property to compliance.
Enforcement of View Preservation Permit No.2009-00037
Staff received no response from the foliage owner to Staff's October and November 2011
letters.Thus,Staff forwarded the case to the City Attorney's office.The City Attorney's
office obtained a court ordered warrant (Exhibit G)on March 12,2012 to carry out the
required tree trimming.A copy of this warrant was posted on the property on March 13,
2012.With an L.A.County Sheriff deputy on site and at the direction of City Staff,the City's
tree service,West Coast Arborist,Inc.(WCA),completed the required tree trimming work
on the two eucalyptus trees on March 21,2012.
Procedures for Special Assessment Hearing (RPVMC Section 8.24.120)
After the City Attorney and the City's tree service submitted invoices relating to the costs of
the abatement work,Staff tallied the total costs of the work and mailed a letter on May 23,
2012 to the foliage owner requesting reimbursement payment prior to June 22,2012
(Exhibit D).This letter was sent via regular and certified mail to the 3527 Heroic Drive
address.As shown on the attached itemized record of the abatement costs (Exhibit C),the
abatement cost includes the City Attorney's costs ($2,887.50),the City tree service cost
($480.00)and City Staff cost at a fully burden rate ($1,386.62),which amounts to a total
cost of $4,754.12.
The foliage owner notified Staff that she received the May 23,2012 letter because she had
just come into town that day,but informed Staff that she had not received any of Staff's
previous letters as she does not live at the property at 3527 Heroic Drive,and lives most of
the year in Las Vegas.She also stated that when she is in Rancho Palos Verdes,she
stays with her sister.Ms.Buegel also stated that she does not have her mail forwarded
from the Heroic Drive address to her permanent residence in Las Vegas.Staff explained
that the tax assessor's database only contains the Heroic Drive address,and that there
was no forwarding address listed.Regarding the notice given to the foliage owner asking
her to abate the public nuisance,RPVMC Sections 8.24.080.8.2 and 8.24.080.B.3 state:
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2.The notice and order shall be given by delivering the notice personally to the owner,
agent of the owner,lessee,occupant,or person in possession of the premises
described in the notice and order,or by sending such notice by registered or certified
mail,postage prepaid,addressed to the owner,agent ofthe owner,lessee,occupant or
person in possession of the premises therein described at his or her last known
address.The address of the owner or owners as it appears on the last equalized
assessment roll of the county shall be conclusively deemed to be the proper address
for the mailing of such notice.If mailed,such notice shall be deemed to have been
received three days after the date the notice was deposited in the United States mail.
3.In the absence of fraud,no error or mistake in the service of the notice and order,
and n?failure on the part ofany property owner to receive the notice and order,shall in
any manner affect the validity of any proceedings hereunder as to any other person
duly served.
So,although the foliage owner informed Staff that she had not received any of Staff's
previous letters,Staff attempted to notify the foliage owner to the best of their ability and in
compliance with the RPVMC.
After no payment was received from the foliage owner by the deadline of June 22,2012,
Staff sent a letter to the foliage owner on July 5,2012 (Exhibit E)advising her that because
she stated she would not be able to pay the abatement costs,Staff was required to
proceed with the process of recording a lien on her property pursuant to Title 8 Chapter
8.24 of the Rancho Palos Verdes Municipal Code (RPVMC)in order to recover the
abatement costs.Copies of that letter,which included the date of the City Council hearing
were sent via certified mail to Ms.Buegel's Las Vegas address and sent via regular mail to
her 3527 Heroic Drive address.Then,on July 30,2012 the City provided notice to the
foliage owner of a special assessment hearing.This notice was sent to Ms.Buegel's Las
Vegas address and 3527 Heroic Drive address via regular mail.The notice of public
hearing was also published in the Palos Verdes Peninsula News on August 2,2012
(Exhibit F).
Hearing on Proposed Assessment
Pursuant to Section 8.24.130 of the RPVMC,upon a duly noticed hearing,the City Council
shall consider a Staff report on the proposed assessment,together with any protests which
have been filed,and make revisions,corrections,or modifications in the assessment report
as necessary.Staff has attached a copy of the itemized costs,which is an accurate
reflection of the work taken to complete the abatement on the foliage owner's property.At
this time,Staff is recommending that the City Council open the public hearing,review the
assessed costs and if the City Council is satisfied with the accuracy of the assessment,
confirm the validity of such costs by adopting the attached Council Resolution.If the
Council is not satisfied with the accuracy of the assessment,pursuant to Section 8.24.130,
the Council may revise,correct or modify the assessment as necessary.
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Upon confirmation by the City Council of the assessment report,the Finance Director shall
execute and file a Notice of Lien certificate with the LA County Recorder's office pursuant
to RPVMC Section 8.24.150.A draft of the Notice of Lien is attached (Exhibit B).Upon
recordation of the Notice of Lien and forwarding such lien to the Los Angeles County
Auditor,the City will ultimately collect the assessment amount with regular taxes levied
against the subject property.Pursuant to Section 8.24.160 of the RPVMC,the amount of
the assessment lien shall be added to the amount of the assessment for the property with
the next regular tax bill levied against the property.
CORRESPONDENCE
Staff spoke with the foliage owner at City Hall on May 24,2012 regarding the May 23,2012
letter that requested payment of the abatement costs.Staff also received two letters
(Exhibit L)on August 13,2012,from a Mr.Denny Jennetto,who assists Ms.Buegel and
describes himself as her "son".In these letters,he stated that the May 23,2012 letterwas
the first time he heard of the trees blocking the applicant's view.He stated that all of Ms.
Buegel's mail is sent to his address in Las Vegas,and that is how Ms.Buegel pays her
bills.Mr.Jennetto stated that they have been living in Las Vegas for over 6 years.He also
stated that Ms.Buegel lives on Social Security and cannot afford to pay the abatement
costs.Mr.Jennetto also stated in his letter that a door had been torn off and leaned up
against his car.He also stated that their view is impaired by trees as well.Mr.Jennetto
provided several photos showing the door,the alleged damage caused by the door and
photos of their view.He also stated that they will not be able to attend the August 21 ,2012
City Council meeting.
Regarding Mr.Jennetto's claim that the May 23,2012 letter was the first time he and Ms.
Buegel had heard about the tree trimming issue,it should be noted that Staff began
sending Ms.Buegel letters regarding the required maintenance trimming on October 3,
2011.As stated above in the section of the Staff Report entitled,"Procedures for Special
Assessment Hearing",the Los Angeles County tax assessor's database only contains the
Heroic Drive address,and there is no other forwarding address listed.(Staff verified this
on August 14,2012 via a phone call to the local Tax Assessor's office.)As previously
stated in this report,RPVMC Section 8.24.080.B.2 states,"...The address of the owner or
owners as it appears on the last equalized assessment roll of the county shall be
conclusively deemed to be the proper address for the mailing of such notice."Until Ms.
Buegel came to the City offices on May 24,2012,Staff had no method by which to contact
Ms.Buegel,other than through the information contained in the Los Angeles County Tax
Assessor's records.
Regarding Mr.Jennetto's statement that Ms.Buegellives on Social Security,and cannot
afford to pay the abatement costs,Staff understands this hardship,but is required to
proceed per the Property Maintenance Section (8.24)of the Municipal Code to obtain
compliance.It is unfortunate but if any of the previous letters sent by Staff or the City
attorney had been picked up from the 3527 Heroic Drive address,this abatement
procedure may have been avoided.
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Regarding Mr.Jennetto's statement that a door was torn off and laid against his car,
causing damage,it should be noted that neither the City Staff,nor the tree trimming service
touched the door.When Staff was present at the property,a white door was visible at the
front of the house.This door did not interfere in any way with the trimming work done on
the trees and neither Staff nor the tree trimmers touched the door.Staff can confirm this
with photos (Exhibit M)taken the day of the abatement trimming,which show the door in
question at the front of the house,and not leaning against the car in the driveway.
Regarding Ms.Jennetto's statement that their view is impaired by trees as well,Staff has
mailed to his address as well as Ms.Buegel's address in Las Vegas,copies of the View
Restoration Guidelines and the View Restoration/Preservation Permit application,as they
are welcome to participate in either of the City's View permit processes to restore their view
they believe to be obstructed.
Staff also informed Mr.Jennetto via voicemail on August 14,2012 that he and Ms.Buegel
read the Staff Report,they are welcome to submit additional comments to the City Council
for review at the night of the meeting.
FISCAL IMPACT
Should the City Council confirm the Special Assessment,then the City shall ultimately
recover $4,754.12,which is the full amount of the abatement work plus any incurred
interest.
CONCLUSION
In order to recover the City's abatement costs,Staff recommends that the City Council
adopt the attached City Council Resolution No.2012-_;which confirms the assessment
costs and directs Staff to execute and file in the office of the Los Angeles County recorder
a Notice of Lien certificate on the property at 3527 Heroic Drive.
ALTERNATIVES
As an alternative to Staff's recommendation,pursuant to Municipal Code Section 8.24.130
the City Council may wish to consider the following options:
1.The City Council may make any revisions,corrections,or modifications in
the assessment report as it may deem just,and when the City Council is satisfied with the
correctness ofthe assessment,the report and the proposed assessment,as submitted,or
as revised,corrected,or modified,shall be confirmed by resolution;or
2.The City Council may continue the hearing in order to obtain additional
information as it deems necessary.
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ATTACHMENTS
Exhibit A -Draft City Council Resolution No.2012-_
Exhibit B -Draft Notice of Lien
Exhibit C -Itemized costs of the abatement work
Exhibit D -Letter from Staff to Ms.Buegel requesting payment dated May 23,2012
Exhibit E -Letter Dated July 5,2012 informing Ms.Buegel of Lien Hearing
Exhibit F -Public Notice of Lien Hearing
Exhibit G -Warrant Authorizing Entry Upon Property For The Abatement Of A Nuisance and
Associated Materials
Exhibit H -Title 8,Chapter 8.24 and Section 17.02.040.C.2.h of the Rancho Palos
Verdes Municipal Code (RPVMC)
Exhibit I -Excerpted Section VIII.B.5 of the July 20,2010 View Restoration and Preservation
Guidelines
Exhibit J -:-Notice of Final Decision on View Preservation Application No.2009-00037
Exhibit K -October 3,2011 and November 8,2011 letters to Ms.Buegel
Exhibit L -Correspondence
Exhibit M -Photos from March 21,2012 Abatement
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Exhibit A
Draft City Council Resolution 2012-
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RESOLUTION NO.2012-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING THE
ASSESSMENT ASSOCIATED WITH THE NUISANCE
ABATEMENT COSTS FOR THE REAL PROPERTY
LOCATED AT 3527 HEROIC DRIVE AND DIRECTING THE
RECORDATION OF THE LIEN THEREFOR.
WHEREAS,on January 26,2010,the Community Development Director
("Director")approved View Preservation Permit No.2009-00037,which required the
owner,Ms.Valsiliki Buegel (herein "the foliage owner")of the property located at 3527
Heroic Drive to trim one (1)eucalyptus tree on the property to preserve the Applicant's
view from 3648 Vigilance Drive;and,
WHEREAS,on February 10,2010,the Director's decision was final,since no
appeal had been submitted by the foliage owner or by any other party;and,
WHEREAS,in August 2010,the foliage owner completed this initial trimming per
View Preservation Permit No.2009-00037;and,
WHEREAS,in September 2011,Staff visited the Applicant's property at his
request and noted that in addition to the original Eucalyptus tree subject to the
Director's decision trimming requirements,one (1)additional eucalyptus tree had grown
to significantly impair the Applicant's view.The foliage owner at 3527 Heroic Drive was
then notified to trim these two Eucalyptus trees per the maintenance requirements for
View Preservation Permit No.2009-00037 via letters sent by regular mail to 3527
Heroic Drive on October 3,2011 and November 8,2011;and,
WHEREAS,after repeated attempts were made by the City Attorney's Office via
letters sent via Fedex and U.S.Mail on December 13,2011 and January 17,2012 to the
3527 Heroic Drive address,to have the foliage owner comply with the maintenance
trimming requirement,the City Attorney's Office obtained a warrant from the Los
Angeles Superior Court on March 12,2012,so that the City could have a tree trimming
service trim the trees on the foliage owner's property and thereby abate the nuisance on
the property located at 3527 Heroic Drive,and gave notice of the issuance of the
warrant to the foliage owner by posting the warrant on the property on March 13,2012;
and,
WHEREAS,on March 21,2012,with the Los Angeles County Sheriff's
Department onsite,the City's contract tree trimming service,West Coast Arborists,Inc.,
performed the necessary tree trimming work on the foliage owner's property pursuant to
the warrant that was issued by the court;and,
WHEREAS,after receiving invoices from the City Attorney's office (Richards,
Watson &Gershon)and the tree trimming service (West Coast Arborists,Inc.),the City
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paid the costs of such legal services and tree trimming,in the sum of $2,887.50 and
$480.00 respectively;and,
WHEREAS,the total cost to complete the abatement work,which includes Staff's
fully burdened rate in the amount of $1,386.62,plus the legal fees and costs,and the
tree trimming service's costs,is $4,754.12;and,
WHEREAS,pursuant to Chapter 8.24 and Section 17.02.040.C.2.h of the
Rancho Palos Verdes Municipal Code and California Government Code Section 38773,
all costs of the abatement of the public nuisance,including,but not limited to,the
trimming,culling,and lacing of trees and foliage,are the responsibility of the foliage
owner,and are subject to an assessment therefore and recordation as a lien against the
subject property;and,
WHEREAS,on May 23,2012,City Staff mailed a letter via certified and regular
U.S.mail to the foliage owner at the 3527 Heroic Drive address,which included an
itemized cost accounting record of the costs incurred by the City in seeking the warrant
and trimming the trees,and requested payment of all of the expenses incurred by the
City in connection with the abatement work;and,
WHEREAS,after the deadline that had been established by the City for the
foliage owner to reimburse the City for its costs had passed without receiving payment
from the foliage owner,City Staff mailed letters to the foliage owner on July 5,2012 and
July 30,2012.Copies of the July 5,2012 letter,which included the date of the City
Council hearing,were sent via certified mail to Ms.Buegel's Las Vegas address and
sent via regular mail to her 3527 Heroic Drive address.Copies of the July 30,2012
letter giving them notice of the public hearing that was to be held by the City Council on
August 21,2012 were sent via regular mail to Ms.Buegel's Las Vegas address and her
3527 Heroic Drive address.Notice of the public hearing also was published in the
Palos Verdes Peninsula News on August 2,2012;and,
WHEREAS,on August 21,2012,the City Council held a duly noticed public
hearing to consider the special assessment to be imposed on the foliage owner's
property,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:Based on the staff report,the itemized accounting of the costs that
were incurred by the City in connection with trimming the trees on the foliage owner's
property and all of the evidence presented to the City Council at the public hearing,all
of which is incorporated herein by this reference,the City Council hereby confirms the
assessment in the amount of $4,754.12 on the property located at 3527 Heroic Drive,
owned by Ms.Valsiliki Buege!.
Section 2:The Notice of Lien is confirmed as follows:
Resolution 2012-_
Page 2 of 4
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NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Official (as defined in
Section 8.24.030 of the Rancho Palos Verdes Municipal Code)by the provisions of Title 8,
Chapter 8.24 of the Rancho Palos Verdes Municipal Code,the Code Enforcement Official,on or
about the 21st day of March,2012,caused the abatement of a nuisance on real property
described below,and the City Council of the City of Rancho Palos Verdes,on the 21 st day of
August,2012,pursuant to its Resolution No.2012-_,assessed the costs of such abatement
upon said real property,and the same has not been paid nor any part thereof,and the City of
Rancho Palos Verdes does hereby claim a lien on said real property for the net expense of the
doing of said abatement in the amount of $4,754.12,and this amount shall be a lien upon said
real property until the sum of $4,754.12,together with accrued interest on the unpaid balance at
the rate of six (6%)per annum (computed on the basis of a 360-day year)from the 21st day of
August,2012,has been paid in full and discharged of record.
The assessment described herein will be payable at the same time and in the same installments
as the general taxes on real property are payable,and will become delinquent at the same time
and in the same proportionate amounts and bear the same proportionate penalties and interest
after delinquency as do general taxes on real property;and the property described herein will be
subject to sale in case of delinquency by the tax collector after three years pursuant to the same
procedures as for delinquent property taxes.
The real property hereinbefore mentioned,and upon which a lien is claimed,is that certain
parcel of land in the City of Rancho Palos Verdes,County of Los Angeles,State of California,
and more particularly described as follows:
Lot 41 of Tract 26834 and commonly known as 3527
Heroic Drive,Rancho Palos Verdes,CA;
Assessor Parcel Number 7564-016-004
The name of the record owner of such above described property is Valsiliki Buege!.
Dated:this 21 st day of August,2012.
FINANCE DIRECTOR OF THE CITY OF
RANCHO PALOS VERDES
Section 3:Upon recordation of the Notice of Lien,the assessment shall
constitute a lien on the real property.
Resolution 2012-_
Page 3 of 4
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Section 4:Pursuant to Section 8.24.160.A of the Rancho Palos Verdes
Municipal Code,the City shall forward a copy of the recorded Notice of Lien to the
auditor of Los Angeles County,who shall enter the amount on the County assessment
book opposite the description of the particular property,and the amount shall be
collected together with all other taxes against the property.
Section 5:Pursuant to Section 8.24.160.8 of the Rancho Palos Verdes
Municipal Code,the amount set forth in the Notice of Lien shall thereafter be collected
at the same time and in the same manner as ordinary City taxes are collected,and shall
be subject to the same penalties and interest and to the same procedure under
foreclosure and sale in case of delinquency to the levy,collection and enforcement of
City taxes are made applicable to such assessment.
Section 6:The time within which the judicial review of the decision reflected in
this Resolution must be sought is governed by Section 8.24.140 of the Rancho Palos
Verdes Municipal Code and other applicable shortened periods of limitation.
PASSED,APPROVED,AND ADOPTED on the 21 st day of August 2012.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk for the City of Rancho Palos Verdes,hereby certify
that the above Resolution No.2012-_was duly and regularly passed and adopted by
the said City Council at a regular meeting held on August 21,2012.
City Clerk
Resolution 2012-_
Page 4 of 4
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Exhibit B
Draft Notice of Lien
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RECORDING REQUESTED BY:
City of Rancho Palos Verdes
WHEN RECORDED RETURN TO:
City of Rancho Palos Verdes
Community Development Department
Attn:Amy Seeraty
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Official (as defmed in Section
8.24.030 of the Rancho Palos Verdes Municipal Code)by the provisions of Title 8,Chapter 8.24 of
the Rancho Palos Verdes Municipal Code,the Code Enforcement Official,on or about the 21st day of
March,2012,caused the abatement of a nuisance on real property described below,and the City
Council of the City of Rancho Palos Verdes,on the 2pt day of August,2012,pursuant to its
Resolution No.2012-_,assessed the costs of such abatement upon said real property,and the same
has not been paid nor any part thereof,and the City of Rancho Palos Verdes does hereby claim a lien
on said real property for the net expense of the doing of said abatement in the amount of $4,754.12,
and this amount shall be a lien upon said real property until the sum of $4,754.12,together with
accrued interest on the unpaid balance at the rate of six (6%)per annum (computed on the basis of a
360-day year)from the 21st day of August,2012,has been paid in full and discharged of record.
The assessment described herein will be payable at the same time and in the same installments as the
general taxes on real property are payable,and will become delinquent at the same time and in the
same proportionate amounts and bear the same proportionate penalties and interest after delinquency
as do general taxes on real property;and the property described herein will be subject to sale in case of
delinquency by the tax collector after three years pursuant to the same procedures as for delinquent
property taxes.
The real property hereinbefore mentioned,and upon which a lien is claimed,is that certain parcel of
land in the City of Rancho Palos Verdes,County of Los Angeles,State of California,and more
particularly described as follows:
Lot 41 of Tract 26834 and commonly known as 3527
Heroic Drive,Rancho Palos Verdes,CA;
Assessor Parcel Number 7564-016-004
The name of the record owner of such above described property is Valsiliki Buege!.
Dated:this 21 st day of August,2012.
FINANCE DIRECTOR OF THE CITY OF
RANCHO PALOS VERDES
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Exhibit C
Itemized costs of the abatement work
ATTACHMENT-1
Account Tracking
Case Number
View Preservation Permit No.2009·00037
Planner
Amy Seeraty
Applicant Address Folia'J9 Owner Address
Mr.Robert 3648 Vigilance Drive,Rancho Ms.Vasiliki Buegel 3527 Heroic Drive,Rancho
Hollingsworth Palos Verdes,CA 90275 Palos Verdes,CA 90275
DATE TASK Hours Billed Completed Bv Billing Rate Total Billed
2/8/2012 Emails back and forth with Kirsten Bowman al CA 0.5 AS $118.01 $59.01
2/12/2012 Emails back and forth with Kirsten Bowman at CA 0.3 AS $118.01 $35.40
2114/2012 Drove bv FQ's orooertv \0 rnsoeet aate &em ailed Kirsten Bowman at CA 0.75 AS $118.01 $88.51
2115/2012 Created spreadsheet of case chronoloQV for Kirsten Bowman &emailed it to her.1 AS $11801 $118.01
2/20/2012 EmaiJs back and forth with Kirsten Bowman at CA 0.3 AS $118.01 $35.40
2/21/2012 Received email from Kirsten and emaited her back with information she renuested 0.3 AS 5118.01 $35.40
Reviewed and edited declaration with Kirsten &laurie.Then signed,scanned,mailed
212912012 and em ailed declaration to laurie.0.75 AS $118.01 $88.51
3/1/2012 Emailed with Kirsten ra:auestions about ooslina the warrant lservina reauirements).0.5 AS $118.01 $59.01
Drove down Heroic Drive 10 determine if trees were Irimmed over the weekend.Verified
3112/2012 thai no Irimmino has occurred.0.75 AS $118.01 $88.51
Kirsten Bowman (rom CA office obtained warranlloday.I made first attempt to serve
311212012 warrant oersonallv &oost on front door.Gate was locked.Emailed ohotos to KB 0.75 AS $118.01 $88.51
ViSIted property in AM &PM.(2nd and 3rd attempts)Gate locKed both limes.Posted
3/13/2012 warrant on aate in PM &took oholos.Emailed ohotos to KB 1.5 AS $118.01 $177.02
Spoke with Depuly Tamt Bouse and explained background for abatement.Also emailed
3/15/2012 her coov of Ihe warrant (or her records and a ohoto of the oosted warrant.0.3 AS $118.01 $35.40
3115/2012 Emailed Emilio Blanco re:tools for orooertv access.0.1 AS $118.01 $11.80
Visited property with Emilio Blanco to inspecllocked gale and determine tools needed to
3/19/2012 be borrowed from Public Works.Borrowed bolt cutters.0.5 AS $118.01 $59.01
3120/2012 Emailed with Kirsten re:ouasllons about accessino the orooertv 0.2 AS $118.01 $23.80
3/21/2012 Comoleted Abatement 2.25 AS $118.01 $265.52
3/21/2012 Emaile.d Kirsten ra:comolelion of abatement 0.5 AS $118.01 559.01
3/29/2012 Had Return 10 Warrant Nolarized &then emailed &mailed back 10 Kirslen al CA.0.5 AS $11801 $59.01
TOTAL STAFF HOURS BILLED 11.75 AS $1,386.62
512312012 lWCA,Invoice 80066 (or trimmina (tree trimmina crew rental)8 WCA $60.00 $480.00
312112012 IRWG (City Attorney)17.5 RWG $165.00 $2.887.50
PROJECT COMPLETED 49 $4,754.12
NOTES,
Key
AS;::Amy Seeraty
CA;::Clty Attorney
WCA=West Coast Arbonst.Inc.
FO=Foliaae Owner
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Exhibit D
Letter from Staff to Ms.Buegel requesting payment
dated May 23,2012
ATTACHMENT-3
RAf\lCHO PALOS VEf~ES
COMV,uN,T'y [JIVE:O['''U'm DEPARlMENT
Mailed via Regular and Certified Mail 70042510000745022535
May 23,2012
Ms.Valsiliki Buegel
3527 Heroic Drive
Rancho Palos Verdes,CA 90275
SUbject:View Preservation Permit No,2009-00037 Abatement Costs (RPV va.
Buegel Property at 3527 Heroic Drive)
Dear Ms.Buegel,
On March 21,2012,the City of Rancho Palos Verdes completed tree trimming work pursuant to
the court ordered "WARRANT AUTHORIZING ENTRY UPON PROPERTY FOR THE
ABATEMENT OF A NUISANCE"The City has notified you via certified and regular mail sent to
the property at 3527 Heroic Drive that the City has the ability per Section VLJ of the View
Guidelines and Title 8 Chapter 24 of the Rancho Palos Verdes Municipal Code (attached)to
recover all cosls associated with the enforcement of carrying out tree trimming related to the
maintenance for View Preservation Permit No.2009-00037.As SUCh,the City is now requesting
payment for all costs incurred in enforcing the tree trimming requirement on your property.Said
costs include City Attorney fees,City Staff fees,and the fees associated with the tree trimming
crew rental.
Before the City initiates the lien prooess you have the opportunity now to pay lhe total amount of
the abatement costs.As such,please pay the total amount of $4,754.12,payable to the City of
Rancho Palos Verdes,within 30 days of the date of this notice,If payment has not been
received by Friday,June 22,2012,the City of Rancho Palos Verdes will proceed with the
process of recording a lien on your property pursuant to Title e Chapter 8.24 of the Rancho
Palos Verdes Municipal Code (RPVMC).In accordance with RPVMC Section 8.24.150,please
be advised that if a lien is placed cn your property,then you will be responsible for the sum
amount of $4,754.12,With interest althe rate of six (6%)per annum until the lien has been paid
in full and discharged of record.
Also,pursuant to RPVMC Section 8.24.110,I have attached an itemized record of accounting
for aU the costs incurred by the City of Rancho Palos Verdes in the abatement of your property
(see attached).
Should you have any questions regarding this letter,feel free to contact me at (310)544-5228
or via email atamys@rpv.com.
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View Restoration Permit No.2009-00037 Abatement Costs
May 23,2012
Page 2 of 2
Sincerely.
A~f'Associate Planner
Copy:File
Joel Rojas,Community Development Director
Greg Pfost,Deputy Community Development Director
Carol lynch,City Marney,RWG
Kirsten R.Bowman,RWG
Carla Morreale,City Clerk
Encl:Time Tracking and Expenses for Abatement work (total cost accounting)
Title 8,Chapter 8.24 of the Rancho Palos Verdes Municipal Code
Section VI.J of the View Restoration and Preservation Guidelines
WARRANT AUTHORIZING ENTRY UPON PROPERTY FOR THE ABATEMENT OF A
NUISANCE
Return to Warrant
Photos of Warrant Posted on Properly
ATTACHMENT-5
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ATTACHMENT-6
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c.'y,'",.•,;.Ji'''"".cc,'·''·J,,"".»Title8-HEALTHANDSAFETY~>Chapter
8,24 -PROPERTY MAINTENANCE»
Chapter 8.24 -PROPERTY MAINTENANCE
Sections:
8.24 0 HL_.§!)9.I.f tltJ£:.
B 24 020 --FIOdings
8.24.030-Definitions
8-24040 --Responsibility for enforcement
8.24.05Q..:....~one.l5£LlJ.§!y.~JJ~.9.ll!.~Upns~
8.24.060 --Prohibited activities and unlawful condHions
8.24.070 --Public nuisa~
§..?1...QSO --ProcediJres fOf abatement of public lli!l$.~nces,
8 24 090 -Abatement of public nuisances by the city.
!J.24.100 --Altetnative procedures for abatement of imminently dangerous pJblic nUIsances.
3.24.110 --Account of abatement costs.
?24.120 -Procedure fOf special assessmeni.
8.24.130 ~Hearing on proposed assessment
0.24 140 ...Qon!est of assessment,
8.24 150 -Notice of lien-Form and contents.
8.24 160 -Procedures for collection with reaular laxes.
8.24.170·Remedies of private parties
§.l.1".l!lQ-RighI ot.!!'llry,
8.24 190 -Penalty for Violation.
8.24.010 -Short title.
This chapter shall be known as the "City of Rancho Palos Verdes Property
Maintenance Ordinance."and is adopted pursuant to the authority contained in Section
38773.5 of the California Government Code.
8.24.020 •Findings.
The city council finds and determines as follows:
A.The city has a history of and a reputation for well-kept properties,and the
property values and the general welfare of the community are dependent,in part,
upon the appearance and mainlenance of private properties,
B.There exists a need for further emphasis on property maintenance and sanitation
in that certain conditions,as described in this chapter,have been found from
place to place throughout the city.
C,
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D.
E.
F,
Page 2 of 12
The existence of certain conditions,as described in this chapter,is injurious and
inimical to the public health, safety,and welfare of the residents of the city and
contributes substantially and increasingly to the deterioration of neighborhoods.
Unless corrective measures are undertaken to alleviate such conditions an
assure the avoidance of future problems in this regard,the public health,safety
and general welfare,and specifically the social and economic conditions of the
community,will be adversely affected,
The abatement procedures set forth in this chapter are reasonable and afford
due process to all affected persons,
The uses and abuses of property as described in this chapter reasonably relate
to the proper exercise of the police power to protect the health,safety and
general welfare of the public.
8.24,030·Definitions.
Except where the context otherwise requires,the definitions hereafter set forth shall
goverr.l~"construction of this chapter:
A."Attractive nuisance"means any condition instrumentality,or machine which is
unsafe and unprotected and thereby dangerous to young children by reason of
their inability to appreciate the peril therein,and Which may reasonably be
expected to attract young children to the property and to risk injury by playing
with,in or on it
B "Code enforcement official"means the city manager,or any person designated
by the city manager to enforce the provisions of this chapter.
C."Occupant"includes but is not limited to the owner,the owner's agent or
employee,a lessee,the lessee's agent or employee,a tenant,the tenant's agent
or employee,or any person otherwise in possession or control of any property
within the jurisdiction of the city,If the owner is the occupant of the property,
provisions relating to the owner and the occupant shall be treated as relating to
one person,
D."Owner"means the owner of record as shown on that last equalized assessment
roll of the county.For purposes of providing notice to an owner of any action
under this chapter,"owner"includes the actual owner of record,or such owner's
agent,employee or other legal representative.
E."Property"includes any grounds,lot,parcel,tract or other piece of land,as well
as any building,structure or other appurtenance located thereon,
F."Public nuisance"means anything which is injurious to health,or is indecent,or
offensive to the senses,or an obstruction to the free use of property,so as to
interfere with the comfortable enjoymenl of life or property by a neighborhood or
by any considerable number of persons In the city Irrespective of whether the
annoyance or damage inflicted upon individuals is unequal.
G."Vehicle"means a motorized or non-motorized device by which any person or
property may be propelled,moved,or drawn upon a highway,inclUding,but not
limited to,automobiles,recreational vehicles,trailers,campers,watercraft,
aircraft,or gliders.Vehicle does not mean any device moved exclusively by
human power.
H.
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"Recreational vehicle"means any motor home,camper,house or tent trailer that
may be used by persons for temporary occupancy,regardless of whether it has
its own motor or is to be towed by a motorized vehicle.Recreational vehicle does
not mean a mobile home.
8,24.040 -Responsibility for enforcement.
The administration and enforcement of this Chapter shall be the responsibility of the
code enforcement official who shall perform all dulies in the manner authorized by law.
8.24.050 -Nonexclusive regulations.
The procedures set forth in this chapter shall not be exclusive and shall not,in any
manner,limit or restrict the city in the enforcement of other city ordinances or the abatement of
public nuisances in any other manner provided by law.
8.24.060 -Prohibited activities and unlawful conditions.
A.It shall be unlawful for any person owning,leasing,occupying,or having charge or
possession of any property in the city to cause,or to permit,or to maintain thereon any
condition which is at variance with the level of maintenance of surrounding properties,
or which results in substantial detriment to the comfortable enjoyment of life or property
by others in the immediate vicinity thereof.Such conditions include,but are not limited
to,the following:
1.Inadequately maintained landscaping visible from the public right-of-way or
adjoining property,which shall include:
a.Lawns with grasses which create an unsightly appearance due to lack of
water or inadequate spraying,trimming.treatment or similar maintenance;
b.Overgrown vegetation which is unsightly and likely to harbor rats or
vermin;
c.Trees,hedges,shrubs,piants or othervegetation which:
i.Are dead,decayed,diseased,or infested with insects,or
ii.Create a fire hazard or are otherwise dangerous to the public
health,safety and welFare,or
iii.Interfere with or impede Ihe flow of traffic,whether vehicular or
pedestrian,or obstruct visibility,on streets,intersections,sidewalks
or other public rights-of-way,or
iv.Create an unsightly appearance due to lack of water or
inadequately spraying,trimming,pruning,treatment or similar
maintenance;
2.The storage of trash,garbage or refuse cans,bins,boxes or other such
containers in Front or side yards,Which are not substantially screened from view
from the public right-of-way,except when placed for collection pursuant to the
provisions of this code;
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3.
4.
5.
6.
7.
8
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The accumulation of junk,trash,debris,rUbbish.garbage,lumber,scrap metal,
concrete,asphalt,tin cans,tires,piles of earth or salvage materials which are
visible from the pUblic right-aI-way or adjoining property;
Abandoned,discarded or unused furniture.stoves,sinks,toilets,cabinets or
other household fixtures or equipment which are not stored within an entirely
enclosed space;
Abandoned,wrecked,dismantled or inoperative vehicles that are not stored
within a fully enclosed structure;
Any vehicle that Is not parked or stored in the following manner:
a.Any vehicle shall be parked overnight or stored only on a developed lot or
parcel ("lot"),except that one vehicle may be parked or stored on an
undeveloped lot if the owner of the vehicle also is the owner of the
undeveloped lot or is a member of the lot owner's Immediate family,and
the owner of the vehicle lives on a developed lot that is contiguous to the
undeveloped lot on which the vehicle is parked or stored,provided that
the remaining provisions of this paragraph 6 are met.For the purposes of
this paragraph,vehicle includes a trailer,which is attached to a motorized
vehicle that tows the trailer,and immediate family includes spouses,
registered domestic partners,children,stepchildren,parents,in-laws,
grandparents and grandchildren.
b.Any vehicle parked on a direct access driveway shall be parked
essentially perpendicular to the street of access.
c.Any vehicle that Is parked in the front yard or on any other portion of the
property that is visible from the street right-of-way shall be parked or
stored on a driveway or other lawfully Installed paved surface so that the
entire vehicle fits over the paved surface without overhanging Into
landscaped areas,sidewalks,parkways or the street right-aI-way.
d.Any vehicle that is parked in the front yard or any other portion of the
property that is visible from the street right-of-way shall be kept in a
reasonably well-maintained condition (I.e.,no broken windows)or shall be
covered with a generic vehicle cover that is designed for the particular
type of vehicle,proVided that the cover is properly secured and is
continually maintained in good repair (I.e.,is not torn).
e.Unless a temporary guest permit has been issued by the director,no
vehicle shall be occupied or used as a second unit for sleeping,cooking,
office,or other similar purposes,and no vehicle shall be connected to
electricity,water,or sewer lines,except for the temporary purpose of
charging batteries,filling water tanks,or legally removing material from
any gray and black water tanks.Temporary guest permits shall be issued
only for properties that are developed with a residence.A temporary guest
permit shall not be effective for more than fourteen calendar days,and no
more than three temporary guest permits may be issued for any residence
during any calendar year.
Buildings,structures or appurtenances thereto which are deemed to be "unsafe"
as defined In Section 102 of the Uniform Building Code,as adopted by Section
1504010 of this code;
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Building exteriors,walls,fences,driveways or walkways which are cracked,
broken,defective,deteriorated,in disrepair,or defaced due to any writing,
inscription or other marking commonly referred to as "graffiti":
9.BUildings or struotures whioh are abandoned,boarded up,partially destroyed,or
partially constructed after building permits have expired:
10.Buildings or struclures with deteriorating or peeling paint which allows the
exterior covering to deteriorate or which permits the effects of sun and water
penetration to cause decay,dry rot,warping or cracking:
11.BUildings or structures with broken windows,doors,attic vents or underfloor
vents;
12.A swimming pool,pond or other body of water which is abandoned,unattended,
unfiltered,or otherwise unmaintained,wherein the water becomes polluted by
bacterial growth,algae,remains of insects or deceased animals or reptiles,
rUbbish,refuse,debris or other foreign matter,thereby creating an unhealthy,
unsafe or unsightly condition.
B.It is unlawful for any person owning,leasing,occupying,or having charge or
possession of any property in the city to fail or refuse to remove from any sidewalk or
other pUblic right-of-way abutting or adjoining such property all loose earth,mounds of
soil,dry grass,weeds,dead trees,tin cans,abandoned asphalt or concrete,rubbish,
refuse,and waste material of any kind,or any other unsanitary substance,object or
condition whioh may endanger or injure neighboring property or the health,safety or
welfare of the residents in the vicinity of such property,or which may obstruct suoh
sidewalk or other publio right-of-way and thereby endanger or injure persons traveting
thereon.
C.It is unlawful for any person to dump,move or place any earth,sand,gravel,rock,stone
or other excavated material or debris so as to cause the same to be deposited upon or
to roll,blow,flow,or wash upon or over any public place or way or the premises of
another without the express written consent of the owner of such premises so affected.'
No person shall,when hauling any earth,sand,gravel,rock,stone or other excavated
material or debris over any public street,alley or other public place,allow such material
to blow or spill over and upon such street,alley,or place,or adjacent private property.
(O'V 390 §2.2003,Orr!.273 §5 (Exl.Ai.19910,,:'235 §2 (pari),1988)
(Off!.No 511 §1.6-29"0)
8.24.070 -Public nuisances.
A.It is declared to be a public nuisance for any person owning,leasing,occupying or
having charge or possession of any property in the city to cause,or to permit,or to
maintain any prohibited activity or unlawful condition thereon described in Section
8.24.060 of this chapter,or to maintain any attractive nuisance.
S.The city council shall have the power to declare by ordinance or resolution that a
particular activity or condition other than and in addition to those described in Section
8.24.060 of this chapter shall constitute a public nuisance which must be abated.
:r ;i{';:35 §?(p'lflj.'!988)
8.24.080 -Procedures for abatement of public nuisances,
A,Procedures.Whenever the code enforcement official has inspected or caused to be
inspected any property and has determined that an unlawful condition constituting a
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publiC nuisance exists thereon,the GOde enforcement official may use the procedures
set forth in this section fur the abatement of such pUblic nuisance;provided,however,
that if fhe public nuisance is determined to be imminently dangerous to life or adjacent
property and to require immediate removal,repair or isolation,the procedures set forth
in Section 8,24,1.00 hereof may be used by the code enforcement officJaL
Notice and Order of Code Enforcement Official
1,The code enforcement official shaH give,or cause to be given,a notice and order
to abate the unlawful conditions existing on the property_Such notice and order
shall be in writing and shall detail the existing unlawful conditions which
constitute a violation of this chapter_Such notice and order shall be in
SUbstantially lhe follOWing form:
NOTICE AND ORDER TO ABATE
A PUBLIC NUISANCE
TO THE OWNER,AGENT OF THE OWNER,
LESSEE,OCCUPANT,OR PERSON IN
POSSESSION OF THE PROPERTY
HEREINAFTER DESCRIBED:
YOUR ATIENTION IS HEREBY DIRECTED to the provisions otC.h<l.Pl"r
8,24 otTilie 8 of the Municipal Code of the City of Rancho Palos Verdes,
California on file in the office of the City Clerk in the City Hall.
Pursuant to the provisions of said Chapter,you are hereby notined that
(DESCRIPTION OF UNLAWFUL CONDITIONS)
You are further notified and ordered to abate the above specified
conditions by taking tl1e following aclion(s):
(DESCRIPTION OF ACTIONS NECESSARY TO ABATE UNLAWFUL CONDITIONS)
Such action(s)must be completed within (insert time period)days
from the date of your receipt of this notice and order,and thereafter you
must maintain the said property free of any ofthe unlawful conditions
described above,II is your responsibility to obtain all appropriate permits
and to dispose of any material or malerials involved in tl1e public nuisance
in a legal manner.
In Jihe event you fall to complete such work within the time
hereinabove mentioned,the undersigned shall cause the appropriate
action to be taken and completed,and the charges therefor will be a lien
upon the said property cr upon the lot or parcel of land adjoining and
abutting the public right-or-way or sidewalk in Jihe event the public right-of-
way or sidewalk is to be cleaned or otherwise protected
You are advised that any person holding record title or having any
interest in the property may appeal from this notice and order,or any
determination of the Code Enforcement Official,to the City Council within
ten days from the date of service of this notice and order.Written nolice of
such appeal must be filed in the office of the City Clerk in the City Hall at
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ode Enforcement Official
Page 7 of 12
30940 Hawthorne 8oulevard,Rancho Palos Verdes,California 90274.If
no appeal is filed within the time prescribed,the determination of the Code
Enforcement Official shall be final
You are further advised that this notice and order may be recorded
against the property in the Office of the County Recorder.
The said building,structure,improvement,or property is situated in
the City of Rancho Palos Verdes,Los Angeles County.California,on
premises described as LOT;#rule;,8LOCK;#rule;,TRACT;#rule;,and
commonly known as __
Dated at Rancho Palos Verdes,California this ;#rule;day of
_____,;#rule;.
itv of Rancho Palos Verdes,
alifomia
2.The notice and order Shall be given by delivering the notice personally to the
owner,agent of the owner,lessee,occupant.or person in possession of the
premises described in the notice and order,or by sending such notice by
registered or certified mail,postage prepaid,addressed to the owner,agent of
the owner,lessee,occupant or person in possession of the premises therein
described at his or her last known address.The address of the owner or owners
as it appears on the last equalized assessment roll of the county shall be
conclusively deemed to be the proper address for the mailing of such notice.If
mailed,such notice shall be deemed to have been received three days after the
date the notice was deposited in the United States mail.
3.In the absence of fraud,no error or mistake in the service of the notice and
order,and no failure on the part of any property owner to receive the notice and
order,shall in any manner affect the validity of any proceedings hereunder as to
any other person duly served.
4.Proof of service of the notice and order shall be documented at the lime of
service by a declaration under penalty of perjury executed by the person
effecting service and declaring the time and manner in which service was made.
5.Subsequent to service of the notice and order,the code enforcement official may
file in the office of the county recorder a certificate containing a legal description
of the SUbject property and certifying that a pUblic nuisance exists on the
property and that the owner has been so notified.The code enforcement official
shall file a new certificate in the office ofthe county recorder,stating that the
public nuisance has been abated,whenever any of the following has occurred:
a.The corrections ordered have been completed so that a public nuisance
no longer exists on the property described in the certificate;or
b.The notice and order is rescinded by the city council upon appeal;or
c.
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The city has caused the pUblic nuisance 10 be abated and the costs of
abatement have been paid,
C,Extension of Time to Perform WorK Upon receipt of a written request from any person
required to comply with the notice and order,the code enforcement official may grant
an extension of time within which to complete said abatement if the code enforcement
official detenmines that such an extension of time will not create a situation imminently
dangerous to life or property,The code enforcement official shall have the authority to
place reasonable conditions on any such extension,
D,Appeals.Within ten days after the date of service of a notice and order,the owner.
agent of the owner,lessee,occupant,or person In possession of the property Who may
have been served with a notice and order,or any person interested ill the property
affected by such notice and order,may appeal to the cily council as to the requirements
of such notice and order.Such appeals shall be in Writing,shall state the objections of
the person filing the appeal,shall be filed with the city clerk within the time specified
herein,and shall be presented to the city council by the city clerk at its next regular
meeling.The city council shall thereupon proceed to hear and pass upon the appeal.
The city council shall,by resolution,determine whether the code enforcement official
shall proceed in accordance wah the notice and order as given,or as modified by the
city council,or not at all,and 1ts decision thereon shall be final and conclusive.Said
hearing may be continued by the city council from lime to time as it deems necessary,
,;011)235 §21Ptit1L 'f988)
8.24.090 -Abatement of pUblic nuisances by the city.
A.If the owner,agent of the owner,lessee,occupant,or person in possession of the
property who may have been served with a notice and order shall fall to take action as
required by the notice within the time therein specified,or as extended by the city
council,and in accordance with the provisions of this chapter,the code enforcement
official shall take action as specified in the notice and order to abate the public nuisance
existing on the property,
B.Abatement of the pUblic nuisance may,in the discretion of the code enforcemenf
official.be performed by city forces or by a private contractor engaged by the city
pursuant to the provisions of this code,
C,Notwithstanding compliance with the notice and order,the owner,and any other
persons having an interest in the property described in the notice,shall in all events be
jointly and severally liable for aH costs incurred by the city in securing such compliance,
including those costs identified in Section 824.11 OA,Moneys due the city pursuanf to
this subsection may be recovered in an appropriate civil action,Alternatively,costs may
be recovered by the city in the same manner that abatement costs are recovered
pursuant to this chapter,
tU{t!J3t §'2 {pari),1988}
8.24.100 •Alternative procedures for abatement of imminently dangerous
public nuisances.
Whenever the code enforcement official detemnines that a public nuisance is so
imminently dangerous to life or adjacent property that such condition must be immediately
removed.repaired or isolated.the code enforcement official may implement the following
procedures:
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:V1unicode Page 90f12
A Notice.The code enforcement official shall attempt to make contact through a
personal intelView,or by telephone,with the owner of the property or the person,
if any,occupying or otherwise in rea!or apparent charge and control tllereof.In
the event such contact is made,the code enforcement official shall notify such
person,or persons,of the danger involved and require that such condition be
immediately removed,repaired or isolated so as to preclude harm to any person
or property.
8.Abatement.Jf ti,e code enforcement official is unable to make contacl as
hereinabove noted,or if the appropriate persons,after notificalion by the code
enforcement official.do not take action within such time as may be specified by
such official,then the code enforcement official may take all actions deemed
necessary to remove,repair or isotate such dangerous condition or conditions,
with the use of city forces or a contractor engaged pursuant to the provisions of
this code.
C.Costs.The code enforcement officiat shall keep an itemized account of the costs
incurred by the city in removing,repairing or isolating such condition or
conditions.Such costs may be recovered by the city in the same manner that
abatement costs are recovered pursuant to this chapter.
(Ort(235 § 2 (part).19B8)
8.24.110 -Account of abatement costs.
A.The code enforcement official,in conjunction with the director of finance,shall keep an
itemized account of all costs incurred by the city in the abatement of any pUblic
nuisance under this chapter. Such costs may include,but are not limited to,any and all
direct costs and expenses related to such items as investigation,boundary
determination,measurement,personnel salaries and benefits,operational overhead,
fees for experts or consultants,legal costs or expenses,induding attorney's fees,
claims against the city arising as a consequence of the public nuisance,clerical and
administrative costs,and procedures associated with collecting moneys due hereunder.
B.Upon completion of the abatement work,the code enforcement official shall prepare a
report specifying the work done,the itemized costs of the work necessary 10 abate the
pUblic nuisance,a description of the property involved,and the names and addresses
of the persons entitled to notice pursuant to Section 8.24.080 of this chapter.Any such
report may include costs on any number of properties,whether or not contiguous to
each other,and whether or not under the same ownership.The report shall be filed with
the city clerk.
(Old 235 §llparl).1985}
8.24,120 -Procedure for special assessment.
A.Hearing Notice.Within ten days after the filing of the report referred to in Section
8.24.1 to,the city clerk shall fix a time and place for hearing and passing upon the
report The city clerk shall cause notice of the proposed assessment,as set forth in the
report.to be given in the manner and to the persons specified in Section 8.24.080.
Such notice shall contain a description of the property sufficient to enable the persons
selVed 10 identify it,and shall specify the day,hour,and place when the city council will
hear and pass upon the report,together with any objections or protests which may be
raised by any person liable to be assessed for the costs of such abatement.Notice of
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B.
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the hearing shall be given not less than fIfteen days prior to the time fixed by the clerk
for the hearing,and shall also be published once,at least fifteen days prior to the date
of the hearing,in a newspaper of general circulation published in the county
Protests.Any interested person may file a written protest with the city clerk at any time
prior to the time set for the hearing on the report of the code enforcement official Each
such protest shall contain a description of the property in which the person signing the
protest is interested and the grounds of such protest.The cily clerk shall endorse on
every such protest the dale and time of filing,and shall present such protest to the city
council at the time set for hearing.
8.24.130·Hearing on proposed assessment.
Upon the day and hour fixed for the hearing the city council shall consider the report of
the code enforcement official,together with any protests which have been filed with the city
clerk.The city council may make such revisions,corrections,or modifications in the report as it
may deem just.and when the city council is satisfied with the correctness of the assessment,
the report and the proposed assessment,as submitted,or as revised,corrected,or modified,
shall be confirmed by resolution.The decision of the city council on the report and the
assessment and on all protests shall be final and conclusive,The city council may continue
the hearing from time to time as it deems necessary.
8,24.140 •Contest of assessment.
The validity of any assessment levied under the provisions of this chapter shall not be
contested in any action or proceeding unless such action or proceeding is commenced within
thirty days after the assessment is confirmed by resolution of the city council.
fOrd 235 §2 m<Ut),1968}
8.24.150·Notice of lien-Form and contents.
A.Notice of Lien.Immediately upon confirmation of the assessment by the city council,the
finance director shall execute and file in the office of the county recorder a certificate in
substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested In the Code Enforcement Official by the provisions of
Title 8,Chapler 8.24 of the Rancho Palos Verdes Municipal Code,the Code
Enforcement Official on or about the ;#rute;day of ,19,_
caused the abatement of a nuisance on real property,and the city council of the City of
Rancho Palos Verdes,on the ;#rule;day of ,t9_-:--:-_
assessed the costs of such abatement upon said real property,and the same has not
been paid nor any part thereof,and the City of Rancho Palos Verdes does hereby claim
a tien on said real property for the net expense of the doing of said abatement in the
amount of $;$rule;.and this amount shall be a lien upon said real property until the sum
of $;$ruJe;,with interest at the rate of six (6%)per annum from _
19 ,has been paid in full and discharged of record,
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Municode Page I I of 12
The real property hereinbefore mentioned,and upon which a lien is claimed,is that
certain parcel of land in the City of Rancho Palos Verdes,County of Los Angeles,State
of California,and more particularly described as follows:
(DESCRIPTION)
Dated'this '#rule;day of 19
FINANCE DIRECTOR OF THE
CITY OF RANCHO PALOS VERDES
(ACKNOWLEDGEMENT)
B.Recordation.Immediately upon the recording of the notice of lien the assessment shall
constitute a lien on the real property assessed.
fOrd 2:;5 §2 (p~rt).1988]
8.24.160 -Procedures for collection with regular taxes.
A.Assessment Book.The notice of lien.after recording.shall be delivered to the auditor of
Los Angeles County,who shall enter the amount on the county assessment book
opposite the description of the particular property,and the amount shall be collected
together with all other taxes against the property.
B.Collection.The amount set forth in the notice of lien shall thereafter be collected at the
same time and in the same manner as ordinary city taxes are collected,and shall be
subject to the same penalties and interest and to the same procedure under foreclosure
and sale in case of delinquency to the levy,collection and enforcement of city taxes are
made applicable to such assessment.
C.Refunds.The city council may order a refund of all or part of the assessment paid
pursuant to this chapter ifit finds that all or part of the assessment was erroneously
levied.An assessment or part thereof shall not be refunded unless a claim is filed with a
city clerk within six months after the assessment became due and payable.The claim
shall be verified by the person who paid the assessment,or the legal representative of
such person.
rOui.235 §2Ipwl).19BOI
8.24.170 -Remedies of private parties.
The provisions of this chapter shall in no manner adversely affect the right of the owner,
lessee,or occupant of any such property to recover all costs and expenses imposed by this
chapter from any person responsible for creating or maintaining the public nuisance.
8.24.180 -Right of entry.
A.\Nhenever necessary to make an inspection to enforce any of the provisions of this
chapter,or whenever the code enforcement official has reasonable cause to believe
that there exists in any bUilding or upon any property any unlawful condition of
prohibited activity which makes such bUilding or property unsafe,dangerous or
hazardous,the code enforcement official may enter such building or property at all
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Municode Page 12 of 12
reasonable times to inspect the same or to perform any duly imposed upon the code
enforcement official by this chapter;provided,however,Ihat if such building or property
is occupied,the code enforcement official shall first present proper credentials and
request entry;and if such building or property Is unoccupied,the code enforcement
official shall first make a reasonable effort to locate !he owner or other persons having
charge or control ofthe building or property and request entry,If such entry is refused,
the code enforcement official shall have recourse to every remedy provided by law to
secure entry,
B,It shall be unlawful for any person,including an owner,agent of the owner,lessee,or
anyone In possession of any property within the city to refuse to allow the code
enforcement official,or a oontractor engaged by the city,to enter upon the property at
any time during the hours of daylight for the purpose of the abatement of 11 pUblic
nuisance or to obstruct,impede or interfere in any manner with the code enforcement
official,or a contractor engaged by the city,in any work undertaken pursuant to the
provisions of this chapter,
r[)r{1 23&f 2 (part)1968J
8.24.190 •Penalty for violation.
Any person violating any of the provisions or falling to comply WiUl any of the
requirements of this chapter shaH be gUilty of a misdemeanor and,upon conviction therefor,
shall be punishable as provided for in Chapler 1,08 of this Code,
COrd 235 §;}{pt~lt;f 988)
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View Restoration and Preservation Permit Guidelines and Procedures
July 20,2010
2.Establish a specified lime period for trimming the lime-sensilive foliage
and require that the remaining foliage also be trimmed at that time.
J.Unless the Commission specifies the amount of allowable growth pursuant to
subsection VI-H the Commission may require that all maintenance schedules
incorporated into the conditions of approval of a View Restoration Permit be reviewed at
a future date to allow the Commission an opportunity to assess the adequacy of the
maintenance schedule,as well as the foliage owner's ability to maintain the foliage in
compliance with the conditions of approval.The review date shall occur a minimum of
one year after the initial trimming is performed.The specific date shall be set by the
Commission at the time it makes its decision on a View Restoration Permit,and shall be
based on the growth rates of the subject foliage,as well as any other factors that the
Commission finds are pertinent to the decision.On or about the specified review date,
City Staff will inspect the foliage sites and transmit a brief report to the Commission
which describes whether the foliage is being maintained in accordance with the
conditions of approval.The report shall also contain a recommendation from City Staff
as to whether the maintenance schedule should be amended.The Commission shall
consider the report and determine if a public hearing to amend the conditions of
approval is necessary.If a public hearing is determined to be necessary,Staff shall
transmit to the Commission a report with recommendations for additional or modified
conditions of approval.Notice of the public hearing shall be provided in the same
manner as required by Municipal Code Section 17.02.040 for the original public hearing.
The Commission decision on the review hearing is appealable to the City Council
pursuant to Municipal Code Section 17.02.040.
The Commission shall require that an applicant submit one (1)to three (3)
itemized estimates to the City for carrying out the work required by an approved View
Restoration Permit.The work estimate shall also include tree or shrub removal and
replacement costs for any tree or shrub that dies as a result of the ordered trimming,
provided that the tree or shrub was not a tree or shrub identified by the City Arborist as
likely to die as a result of said trimming.Said estimates shall be submitted within thirty
(30)days after the adoption of the Resolution and shall include the cost to have an ISA
certified tree trimmer or accredited arborisl on site to perform or supervise the work
being done.Said estimates are to be supplied by licensed landscape or licensed Iree
service contractors,acceptable to the City,which provide insurance by insurers in a
form acceptable to the City,and shall include all costs of cleanup and removal of debris.
Said insurance shall identify the property owner and the City (and its officers,agents
and employees)as additionally named insureds,and shall have a coverage amount of
no less than $1,000,000 for each occurrence and no less than $2,000.000 in the
aggregate.In addition,the applicant shall pay to the City an amount equal to the lowest
of the estimates and such funds shall be maintained by the City.in a City trust account
until completion of the work as verified by City Staff.
Upon completion of the work,the foliage owner shall submit a copy of a paid
invoice to the City.Within 10 calendar days of the submittal of the invoice and
verification by City Staff of compliance,the City shall authorize the transmittal of funds
Page 20
ATTACHMENT-19
View Restoration and Preservation Permit Guidelines and Procedures
July 20,2010
Irom the CIty trust account to the foliage owner If there are remaining funds in the trust
account to cover the costs of removing and replacing trees or shrubs,then the funds
shall remain in the trust account for a period of two years or longer it determined by the
Planning Commission until City Staff determines that removal of dead trees or shrubs is
not warranted.A reimbursement check to the foliage owner shall be released by the
City no later than 30 days following Staffs authorization If the paid invoice submitted by
the foliage owner is for an amount less than the funds in the City's trust account.the
foliage owner shall only be transmitted an amount equal to the actual cost of the
trimming.In such siluations.the balance of the trust account (less the monies needed
10 remove and replace dead trees or shrUbS)shall be refunded to the applicant within 30
days of receipt of the appropriate billing.If the paid invoice submitted by the foliage
owner is for an amount that exceeds the funds in the City's trust account established for
the initial trimming or removal and replacement of trees or shrubs,the foliage owner
shall only receive the funds from the City trust account and the foliage owner shall be
responsible for paying the difference.If a foliage owner chooses to do the required
work himself/herself.the foliage owner shall not be compensated from the City trust
account and the amount in the trust account shall be refunded to the appJicant(sj.
If the required work as specified herein is not completed.as verified by Staff,
within the stipulated time periods.then the City of Rancho Palos Verdes will utilize the
City's code enforcement process to authorize a bonded tree service to perform the work
at the subject property at the foliage owner's expense.and the applicant's deposit will
be refunded.In the event that the City is required to perform the work.the foliage
owner will be billed for all City expenses incurred in enforcing the View Restoration
order.If the foliage owner does not pay the invoice.a lien or assessment may be
recorded against the foliage owner's property.pursuant to Title 8.Chapter 24 of the
Rancho Palos Verdes Municipal Code.
VII.APPEAL OF COMMISSION DECISION
A A decision of the Commission on a view related permi!is appealable to the
City Council.After considering the written and oral testimony at the appeal hearing,the
City Council may lake one of the following aclions:
1.Affirm the decision of the Planning Commission and approve the
applicalion upon finding that all applicable findings have been correctly made and all
provisions of Section 17.02.040(C)(2)of the Municipal Code have been complied with;
or
2.Approve the application but impose additional or different conditions as
the City Council deems necessary to fuifililhe purposes of Section 17.02 .040(C)(2);or
3.Disapprove the epplication upon finding that all applicable findings
cannot be made or all provisions of Section 17.02.040(C)(2)have not been compiied
with;or
Page 21
ATTACHMENT-20
Carol W.Lynch (Bar No.102149)
crTY AHORNEY
2 CITY OF RANCHO PALOS VERDES
3 RICHARDS,WATSON &GERSHON
A Professional COl1loration
4 T.PETER PIERCE (Bar No.160408)
ppierce(mrwglaw.com
5 KIRSTEN R.BOWMAN (Bar No.181627)
kbowmanlii'rwglaw.com
6 355 South lirand Avenue,40th Floor
Los Angeks.California 90071-3101
7 Telephone:213.626.8484
Facsimile:213.626.0078
8
IN THE MAHER OF THE !Warrant No.kf;o '-1'+
APPLICATION OF THE CITY OF I
RANCHO PALOS VERDES FOR A :Assigned for all purposes to:Honorahle
NUISANCE ABATEMENT WARRANT i Mark S.Arnold
TO TRJM EUCAL YPllJS TREES ON !
PROPERTY LOCATED AT 3527 HEROIc!WARRANT AUTHORIZING ENTRY
DRIVE AND IDENTIFIED AS APN:7564-!UPON PROPERTY FOR THE
016-004 IN THE CITY OF RANCHO IABATEMENT OF A NUISANCE
PALOSVERDESFORCOMPL~NCE
WITH VIEW PRESERVATION PERMIT I (Exempt from filing rees pursuant to GOvt.Code §6103J
NO.2009-00037,
Date:March 12,20 I l
Applicant.ITime:8:30 a.m.
____________---.J.Dept:G
THE PEOPLE OF THE STATE OF CALIFORNIA TO:Carolyn I.ehr.City
Manager.City of Rancho Palos Verdes.California.Upon application of the City of Raneho
Palos Verdes.and for good cause shown to this COUrl,now therefore:
YOl:ARE HEREBY COMMANDED that you may enter the residential property
localed al 3527 Heroic Drive and commonly known as l.os Angeles County Assessor's
Parcd No.756.1-016-004 in the Cily ol'Rancho Palos Verdes (the "Subject Property")lor
the sole and e"clusive purpose of trinuning Ihc t\\'o Eucalyptus trees in the rear and side
yards ofthe Subject Property,to reslure the vic\\'s al 3648 Vigilance Drive in the City of
A tlornevs for Applicant
9 CITY OF RANCHO PALOS VERDES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES,SOUTHWEST DISTRICT
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ATTACHMENT-21
Rancho Palos Vcrd~s as pro\'id~d in Rancho Palos Verdes View Restoration Permit No.
2 2009-00037.Vou ma)also take any other rcmediation action r~asonably necessary to
3 eliminatc th~public Jluisancc existing on the Subject Property.
4 This warranl is issucd to enablc tbe City to enforce Rancho Palos Verdes Vi~\\'I
5 Preserration Permit No.2009-00037 pursuant to Rancho Palos Verdes Municipal Code I
I
6 Ii Sections 17.02.040(8)(31.17.02.040(C)(2)(h).and 1.08.0 IO(C);Govcrnment Code Section I
I ;
7 ;38771;and Civil Code Section 3494 to protect against the dctrimental effect caused by this i
8 .public nuisance to the property of others.i
91 The City must personally serve and post On the front door of the Subject Property,if i
10 I unable to personally serve and post on the front door after three (3)attempts on the owner
11 of the Subjeet Property,the City may post on the from gate the noticc of the issuance o[this
12 Warram within ten (10)calendar days of thc signing of this Warrant.The City may not
13 emer the Subjeet Property to execute this Warrant until seven (7)calendar days,but not
14 more than fourtc~Jl (14)calendar days,after the date of service of said notice.This Wan'ant
15 does not entitle the City to make any entry or inspection of any Slmcture or living quarters
16 on the Subject Property.This Warrant is effcctive from the date hereof for a period nolto
17 exceed twenty-four (24)calendar days,and it shall be returned to the judge whose signature
18 is affixed below within that period.
19 The work described above may be undertaken in the presence of personnel necessary
20 to effectuatc the execution of this Warrant and remedy the conditions that exist on the
21 Subject Property in violation ofRnncho Palos Verdes View Restoration Permit No.2009-
22 00037,including.but not limited to,rcprc5cntati"es of the City,and any law en!iJrcement
23 necessary to keep the peace during the execution of this Warrant.
24 This Warrant shall be returned to the Court.with proof of execution anached.not
25 later than thirty (30)calendar days alLer the date hereof.
26 1
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27 DATED:_'l.J12"-...__'2012.
28
...._...__.___.:2..:_.._ ____..
Warrant AUlhori;dng Entry Upon Propcrt)for the Abatemenf tJfo Nui:;i"lnce
ATTACHMENT-22
Carol \\'.I.\ncil !Bar '0.III~14l)}
CI!Y :\I 1()R\WY
2 CI ry OJ RANCIIO 1'..\1 OS \TRDI'S
3 i RICIIARDS.v.,.;\1SON""l ;l-:RSIIO:-J
I ;\Prnks~10n;j1 Corporatil)1l
.j '1.PI'.TER PiERlT (Bar No.I 604U~}
.',pp.icr~e.~h:\gla\\.t:(~111 •_
~KIRS fiN R.BO'WMi\N (Bur No.1 g 162'I
kbo\\Inan·il-[\.\gluv.".com
6 ';:;5 South Grand A ,·enue.-101h I'll'or
.Los An1!.des.Californiu YU071-,101
7 T dephone:213.621i.84g4
Facsimile:21,.626.0078
,,.,.).";
,
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~Oht'-:A.c..L.AEA __•.
J)~.(U!.};'.",u.
;:.y M BOUC:·!ELiC~...J~;"'IL!T'"
I Warrant No.AB044
i Assigned for all purposes to the llunorable!Mark S.Arnold m Departmenl G
Applicant.
On the 12th day of March,2012.an Abatement Warrant ("Warrant")was issued by
the Honorable Mark S.Arnold.Judge of the above-entitled Superior Court for the
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
RANCHO PALOS VERDES FOR A
NUlSANCE ABATEMENT WARRANT
TO TRIM rUCAL YPTUS TREES ON
ifrz?~~rxrrD~g~~:rrF~['bTl~:~J~~3~f!RETURN TO ABATEMENT WARRANT
016-004 IN THE CITY OF RANCHO ![h<mpl rrom filing rees pursuant to GO'1.Codo *6103J
PALOS VERDES FOR COMPLIANCE
WITH VIEW PRESERVATION PERMIT
NO.2009-00037.
Attorneys for Applkant
l).CI JV Of'RANCHO PA!.OS VERDI'S
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES,SOUTHWEST DISTRICT
abatement of a public nuisance on the properl}.whidl i,located at 3527 Heroic Dri\e and
commonly known as Los Angeles County Assessor's Parcel No.7564-0 J 6-004 in the City
of Rancho Palos Verde,.California ("propeny")and that said abatement IVas completed by
26 thc undersigned and the following action was Hlken:
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Return It)Ah;Ul'menl \\<lfli\nl
ATTACHMENT-23
II
II
II ()n \hlrch 12_~(ll':':at 2:20 p r1L I I11~Hlt~111;nr~{attempt to ~Cn l'lht.:\\,1lT~nll
r,
.2 Ii pCr"(lIiitl!~".Ill (he ()\\I)LT (If till.'propen!,Valsiliki BlH:~el,illll!10 pll..;.l it llfllhc irl)lli d(HH't,r,
_,:the !1PI11C on the prnpc11;.Becau<.;c the gale at the bnuol1l ol"tile driyc\\a}to th(.'prprcrt>
.~i\\J:'IlK'ke(L {could not gain ~H':l·cs""lhl'l'rPlll dUlll nl'thc hom...:'.
3 I ()n l\hlfCh J .';~2012 at I 1:29 a./1),and a~.ain at ·-1'12 p.ilL I m~ilk 111:sl",'cond alld third
6 !attempts to sc:rYc the \\larralll pcrsnnall,:011 the properl.:o\\ner and (()post it on the front
7 door oftfl<'home Oil the propert'.Once uf!uin the gate to the property \las loeked:
R thcrefilft"I J",sted Ihe Warrant 011 the gate at the bottom of the driveway at 4:11 p.m.and
9 !took photo"01 the posting l[)confirm m)due diligence,
10,A11"r posting of the WmTant.I was ,wt contacted by the property owner regarding
11 the Warrant and the City's intent to abate the public nuisance: therefore,in accordance with
12 the time fral11~,specified in Ihe Warrant [~cbedu[ed a tree ,erviec 10 abate the public
13 nuisance on Ihe Property.At the time of scheduling of the tree service,1 also requested
14 assistance of the Sherifrs Department.
15 On March 2 L 20 IL I arrived at 7:45a.m,to aSliilil in the abatement of the public
16 nuisance.Deputy Tami Bouse of the Sheriffs Department and West Coast Arborisis'crew
17 arrived to the property at 8:00 a.m,The West Coast Arborisls'crew cut two links of the
18 chain on the gate at the bonom of the driveway to acccss the properly and commence
19 abatement of the public nuisance,
10 On that same day,I observed the trimming from the applicant's property located at
21 3648 Vigilance Drive,which is the impacted property.Trimming was completed at
22 9:06 a.lll.Wesl Coast Arborists finished their cleanup at 9:35 a.m.We then closed the gate
23 to the property.We !ell the property,I returned to my office at 9:45 a.m.
24 Therefore,alter complying with the service requirements and timing in the Warrant,
25 the public nuisance \I'as abated on March 2 L 2012.
26 // ;!
27
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ATTACHMENT-24
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Mark S.Arnuld
] 1 Judge of the Superior Court
12 Los Angeles COUJ1lY
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Rt:lurn hI Abatl..'lI11;li(W,lfnml
ATTACHMENT-25
CALIFORNIA .JURAT WITH AFFIANT STATEMENT
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Stale of California
County of 1fJ..5 IIr..lff~:
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..~day of J'.!IIJfl!A
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(1)•.J1.my 5ee..ra-l-,(__H~oI.lgl;.;,
proved to me on lhe basis of satisfactory evidence
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proved to me on the basis of salisfactory eVldence
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ATTACHMENT-26
ATTACHMENT-27
Exhibit E
Letter Dated July 5,2012 informing Ms.Buegel of Lien
Hearing
ATTACHMENT-28
CITYOF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
Mailed via Regular and Certified Mail 70042510000745026410
July 5,2012
Ms.Valsiliki Buegel
3742 Morning Canyon Street
Las Vegas,NV 89147-8055
SUbject:Special Assessment for Nuisance Abatement Costs re:Preservation
Permit No.2009·00037
Dear Ms.Buegel,
As we discussed at the City on May 24,2012,the City of Rancho Palos Verdes
completed tree trimming work pursuant to the court ordered warrant on March 21,2012.
The City had notified you via certified and regular mail sent to the property at 3527
Heroic Drive that the City has the ability per Section VI.J of the View Guidelines and
Title 8 Chapter 24 of the Rancho Palos Verdes Municipal Code (attached)to recover all
costs associated with the enforcement of carrying out tree trimming related to the
maintenance for View Preservation Permit No.2009-00037.As such,the City had
requested payment for all costs incurred in enforcing the tree trimming requirement on
your property in a letter mailed to you on May 23,2012.
Per our conversation at the City on May 24,2012,you stated that you are on a fixed
income and would not be able to pay the abatement costs.As such,the City of Rancho
Palos Verdes is required to proceed with the process of recording a lien on your
property pursuant to Title 8 Chapter 8.24 of the Rancho Palos Verdes Municipal Code
(RPVMC)in order to recover the abatement costs.In accordance with RPVMC Section
8.24.150,please be advised that if a lien is placed on your property,then you will be
responsible for the sum amount of $4,754.12,with interest at the rate of six (6%)per
annum until the lien has been paid in full and discharged of record.
Please note that a lien and the associated interest are collected with your annual
property taxes.Please refer to the attached Municipal Code Section 8.24.160
(attached)for more information.
30940 HAWTHORNE BLVD /RANCHO flILOS IiERDES.CA 90275'5391
I'I.ANNI'+G &COOE ENFORCE~£NT DMSION 1310)544'5228/BUII.OING &SAFETY D1VrsION 1310)265'7800/DEPT FAX (310)544'5293
E·MAll.PLANNING@RPVCOM/INW\'\IPAlOSVE~DES(XJr'1IRrvATTACHMENT-29
Special Assessment for Nuisance Abatement Costs re:Preservation Permit No.2009·00037
JUly 5,2012
Page 2 of 2
Please note that the assessment and lien will be reviewed by City Council at a publicly-
noticed meeting on Tuesday,August 21,2012.Please note that you are welcome to
attend this meeting and make a public comment to the City Council.Or,if you prefer,
you may submit a written letter with your comments.Please make sure to put your
address on Heroic Drive in your letter,as well as the specific reasons for your protest.
Please note that if you wish your written comments to be addressed in Staffs report to
the City Council,your comments must be submitted by Tuesday,August 7,2012.You
are welcome to submit written comments after this date,but they will just be given to the
City Council on the night of the meeting on August 21,2012.
Please note that all interested parties are invited to submit written comments and to
attend and give testimony at the City Council hearing.However,please also note that
written materials,inclUding emails,submitted to the City are public records and may be
posted on the City's website.In addition,City meetings may be televised and may be
accessed through the City's website.Accordingly,you may wish to omit personal
information from your oral presentation or written materials as it may become part of the
public record regarding an agendized item.
If you have any questions,feel free to contact me at (310)544-5228 or via email at
amys@rpv.com.
Sincerely,
1Itmt7!PC~
Amy Seeraty
Associate Planner
Copy:Ms.ValsiJiki Buegel,3527 Heroic Drive,RPV
File
Joel Rojas,Community Development Director
Greg Pfost,Deputy Community Development Director
Carol Lynch,City Attorney,RWG
Kirsten R.Bowman,RWG
Carla Morreale,City Clerk
Enc!:May 23,2012 Leller
ATTACHMENT-30
Exhibit F
Public Notice of Lien Hearing
ATTACHMENT-31
July 30.2012
CITYOF RANCHO PALOS VERDES
COM~'RJNITY DEVELOPMENT DEP;\RTMENl
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that the City Council of the City of Rancho Palos Verdes will
conduct a public hearing on Tuesday,August 21,2012,at 7:00 p.m.,at the Hesse Park
Community Building,29301 Hawthorne Boulevard,Rancho Palos Verdes,to consider:
Special Assessment for Nuisance Abatement Costs:A public hearin9 to recover and
assess the costs and expenses incurred by the City in the abatement of a public
nuisance (enforcement of maintenance trimming related to View Preservation Permit No.
2009-00037)on the property owned by Ms.Valsiliki Buegel at 3527 Heroic Drive,
Rancho Palos Verdes.
In a report distributed to the Community Development Director,the Deputy Community
Development Director,the City Attorney and the City Clerk on May 23,2012.Ms.Buegel was
advised that the City of Rancho Palos Verdes had completed tree trimming work pursuant to the
court ordered "WARRANT AUTHORIZING ENTRY UPON PROPERTY FOR THE ABATEMENT
OF A NUISANCE"and that per Section VI.J of the View Guidelines and Title 8 Chapter 24 of the
Rancho Palos Verdes Municipal Code,the City may recover all costs associated with the
enforcement of carrying out tree trimming subject to maintenance required for View
Preservation Permit No.2009-00037.in this report,the City requested payment for all costs
incurred in enforcing the tree trimming requirement on the property located at 3527 Heroic
Drive,and included an itemized record of City Attorney fees,City Staff fees.and the fees
associated with the tree trimming crew rental,totaling $4,754.12.
The report dated May 23.2012 also stated that before the City initiates the lien process,Ms.
Buegel had the opportunity to pay the total amount of abatement costs.If payment was not
received by June 22,2012,the City of Rancho Palos Verdes would proceed with the process of
recording a lien on the property located at 3527 Heroic Drive pursuant to Title 8 Chapter 8.24 of
the Rancho Palos Verdes Municipal Code (RPVMC).In accordance with RPVMC Section
8.24.150,if a lien is placed on the property located at 3527 Heroic Drive,the property owner will
be responsible for the sum amount of $4,754.12,with interest at the rate of six (6%)per annum
until the lien has been paid in full and discharged of record.
All interested parties are invited to submit written comments and to attend and give testimony at
the hearing.Written materials,including emails,submitted to the City are public records and
may be posted on the City's website.In addition.City meetings may be televised and may be
accessed through the City's website.Accordingly,you may wish to omit personal information
from your oral presentation or written materials as it may become part of the public record
regarding an agendized item.If you wish to submit written comments,please provide them 10
the attention of Ms.Amy Seeraty by 5:30 p.m.on Thursday,August 9,2012 to ensure Inclusion
of your comments with the Staff Report.Written comments submitted after August 9,2012 will
be given to the City Council prior to the start of the meeting.
:3U94D Hf.\v.rrHORfiE BLVD.j RANCHO r-'AI.OS VERDES,C:f\g0275-5391
Pi ANNINI·;&-[:C}I":f-FNFnr~(£i"lEi'fT DIVISiON (310)51,14~~228 I BUILlJIN(3 &SAFF T'l !)JVIS!C(i (310)265-7HOP J DEPT FAX (310)~1.:i4-5?~3
E·fvl}\IL PLA.NNli'I(3@RPVCOiYl/W\·\iWf'I\LCJSVFRDFSl:OJV1JRPVATTACHMENT-32
Special Assessment for 3527 Heroic Drive -Buege I
July 30.2012
Page 2 of 2
A Staff Report will be available for viewing on the City's website,
http://www.palosverdes com/rpv,and at City Hall (30940 Hawthorne Boulevard)beginning on
August 16.2012 during regular business hours which are from 7:30 am.to 530 p.m.Monday
through Thursday,and from 7:30 a.m.to 4:30 p.m.,on Friday.For further information,please
contact Amy Seeraty at (310)544-5228 or via email atamys@rpv.com.
Note:STATE GOVERNMENT CODE SECTION 65009 NOTICE:If you challenge this application in court,you
may be limited to raising only those issues you or someone else raised at the public hearing described in
this notice,or in written correspondence delivered to the City of Rancho Palos Verdes at.or prior to the
public hearing.
ATTACHMENT-33
Exhibit G
Warrant Authorizing Entry Upon Property For The
Abatement Of A Nuisance and associated materials
ATTACHMENT-34
Carol W.Lynch (Bar No.1 02149)
CITY ATTORNEY
2 CITY OF RANCHO PALOS VERDES
3 RICHARDS,WATSON &GERSHON
A Professional Corporation
4 T.PETER PIERCE (Bar No.160408)
ppierceia:nvglaw.com
5 KIRSTtN R.BOWMAN (Bar No.181627)
kbowman@rwglaw.com
6 355 South Grand Avenue,40th Floor
Los Angeles,California 90071-310 I
7 Telephone:213.626.8484
FacsImile:213.626.0078
8
Warrant No.
Assigned for all purposes to:Honorable
Mark S.Arnold
[Exempt from tiling fees pursuant to Govt.Code §61031
THE PEOPLE OFTHE STATE OF CALIFORNIA TO:Carolyn Lehr,City
Manager,City of Rancho Palos Verdes,California.Upon application oflhe City of Rancho
Palos Verdes,and for good cause shown to this Court.now therefore:
YOU ARE HEREBY COMMANDED that you may enter the residential property
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
RANCHO PALOS VERDES FOR A
NUISANCE ABATEMENT WARRANT
TO TRIM EUCALYPTUS TREES ON
PROPERTY LOCATED AT 3527 HEROIC WARRANT AUTHORIZING ENTRY
DRIVE AND IDENTIFIED AS APN:7564-UPON PROPERTY FOR THE
016-004 IN THE CITY OF RANCHO ABATEMENT OF A NUISANCE
PALOS VERDES FOR COMPLIANCE
WITH VIEW PRESERVATION PERMIT
NO.2009-00037,
located at 3527 Heroic Drive and commonly known as Los Angeles County Assessor's
Parcel No.7564-016-004 in the City of Rancho Palos Verdes (the "Subjeet Property")for
the sole and exclusive purpose of trimming the two Eucalyptus trees in the rear and side
yards of the Subject Property,to restore the views at 3648 Vigilance Drive in the City of
Date:March 12,20 I 2-
Applicant.I Time:8:30 a.m.
11-------------------'Dept:G
Attorneys for Applicant
9 CITY OF RANCHO PALOS VERDES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES,SOUTHWEST DISTRICT
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Warranf Authorizing Entry Upon Propeny for the Abatement ofa Nuis;:Ui~e
ATTACHMENT-35
Rancho Palos Verdes as provided in Rancho Palos Verdes View Restoration Permit No.
2 2009-00037.You may also take any other remediation action reasonably necessary to
3 eliminate the public nuisance existing on the Subject Property.
4 This ,,-arrant is issucd to enable the City to enforce Rancho Palos Verdes View
5 Preservation Permit No.2009-00037 pursuant to Rancho Palos Verdcs Municipal Code
6 Sections 17.02.040(B)(3).17.02.040(C)(2)(h),and I .08.010(C):Govemment Code Section
7 38771;and Civil Code Section 3494 to protect against the detrimental effect caused by this
8 public nuisance to the property of others.
9 The City must personally serve and post on the front door of the Subject Property,if
]0 unable to personally serve and post on the ti-ont door after three (3)attempts on the owner
II of the Subject Property,the City may post on the front gate the notice of the issuance of this
12 Warrant within ten (10)calendar days of the signing of this Warrant.The City may not
13 enter the Subject Property to execute this Warrant until seven (7)calcndar days,but not
14 more than fourteen (]4)calendar days,after the date of scrvicc of said notiec.This Warrant
15 does not entitle the City to make any entry or inspection of any structure or living quarters
16 on the Subject Property.This Warrant is efteetive from the date hereof for a period not to
17 exceed twenty-four (24)calendar days,and it shall be returned to the judge whose signature
18 is affixed below within that period.
19 The work described above may be undertaken in the prcsence of personnel necessary
20 to effectuate the execution of this Warrant and remedy the conditions that exist on the
21 Subject Property in violation of Rancho Palos Verdes View Restoration Permit No.2009-
22 00037,including,but not limited to,representatives of the City,and any law enforcement
23 necessary to keep the peace during thc execution of this Warrant.
24 This Warrant shall be returned to the Court.with proof of execution attached,not
25 latcr than thirty (30)calendar days after the date hereof.
26
27 DATED:-~/l::L.
2R
,20]2.
_7_
Judge of the Superior Court
WalTant Authorizing Entry Upon Property for the AhatclTIcnt ofa Nuisance
ATTACHMENT-36
DECLARATION OF AMY SEERATY
2 I L Amy Seeraty.declare as follows:
3 1.I am,and at all times material hereto have been.employed with the City of
4 Rancho Palos Verdes as an Associate Planner.My duties as an Associate Planner include
5 ,working with residents to assist in their compliance with the Rancho Palos Verdes
6 Municipal Code and specitlcally with View Preservation and Restoration Permits issued by
7 the City.I have personal knowledge of the facts and matters set forth below,and could and
8 would testify competently thereto if called as a witness in this matter.
10 owners have brought their foliage into compliance with City Resolutions and View
II Preservation Permits.I generally document these visits with photographs of the conditions
12 as seen from the View Applicant's property.
14 property located at 3648 Vigilance Drive in the City of Rancho Palos Verdes,filed a Notice
15 of Intent to tile a view preservation permit to restore a view from his properly that was
161 significantly impaired hy foliage on 3527 Heroic Drive in the City of Rancho Palos Verdes,
17 identified as Los Angeles County Assessor's Parcel No.:7564-016-004 ("Subject
18 Property"),which is owned by Valsiliki Buegel ("Ms.Buegel").A true and correct copy of
19 the Notice oflntent to file is attached as Exhibit "D."
9
13
20
2.
3.
4.
As part of my duties.I conduct site visits to determine whether property
On August 5,2009,Robert F.Hollingsworth,(the "Applicant"),owner ofthe
On October 27,2009,City Staff sent a Notice of Receipt of View
21 Preservation Permit Application No.2009-00037 to Ms.Buegel informing her of the
22 Applicant's intent to file a view preservation permit and offering Ms.Buegel an opportunity
23 to voluntarily trim the foliage on the Subject Property on or before November 30,2009.A
24 true and correct copy of the Notice of Receipt is attached hereto as Exhibit "E."
25 5.Ms.Buegel did not voluntarily trim the foliage on the Subject Property by
26 November 30,2009.
27 6.On December 11,2009,the Applicant submitted to the City a formal
2R !application requesting a View Preservation Permit to preserve a view ii'om his property that
-10-
Application For Warrant
._----~-~~~._~-
ATTACHMENT-37
was significantly impaired b;;foliage owned by Ms.Buegel.A Irue and correcl copy of the
2 View Preservation Permit is attached hereto as Exhibit ··F.'·
13 obligated to maintain the Subject Property in compliance with the Permit and advising her
14 that it was necessary for her to trim two Eucalyptus trees in her back and side yards of the
15 Snbject Property.In that same letter,I provided Ms.Buegel with color photographs
16 identifying the lrees to be trimmed and I gave Ms.Buegel until November 2,20 II in which
17 to trim the two trees.A true and correct copy of my lettcr dated October 3,2011 with
18 enclosures is attached hereto as Exhibit "H."
4 Preservation Permit Application No.2009-00037 (the '·PermiC).wherein the City
5 Community Development Director ("Director")determined that the foliage exceeded the
6 ridge line of the primary structure on the foliage owner's property and significantly
I
7 I impaired Applicant's view,and that the foliage should be reduced to the height shown in
8 the 1998 view documentation photo.Thc Director offered Ms.Buegel an opportunity to
9 appeal the decision by February 10,2010.Ms.Buegel trimmed the trees in accordance
10 with the Permit on or about August 2,2010.A true and correct copy of the Notice of
II Decision is attached hereto as Exhibit "G."
3
12
19
7.
8
9.
On January 26,2010.the City sent Ms.Buegel a Notice of Decision on Vie\\
On October 3,2011,I sent a letter to Ms.Buegel reminding her that she was
On November 8,2011,I inspected the Subjcct Property from the Applicant's
20 property and observed that the two Eucalyptus trees had not been trimmed and that the
21 Subject Property was not in compliance with the Pennit.
22 10.On November 8,2011,I sent a second letter to Ms.Buegel,again,reminding
23 her of her obligations under the Permit to maintain the Subject Property in compliance with
24 the Permit and advising her that two Eucalyptus trees on the Subject Property were
25 impairing the view of the property located at 3648 Vigilance Drive in the City of Rancho
26 Palos Verdes.I provided Ms.Buegel with color photographs of the trees that needed to be
27 trimmed and I gave her a date of completion of November 23.20 II in which to comply
28 /I I /
-11-
Application For WalTallt
ATTACHMENT-38
IWith the Permit.A true and correct Cllpy ofmv letter dated November 8.2011 with
2 enclosures is attached hereto as Exhibit "I."
3 II.On November 29.2011 I inspecteolhe Subject Property Irol111he Applicant"s
4 propen\'and obsened that Ms.[luegel did not comply \vith the Permit because she did not
5 trim the two Eucalyptus trees.
6 12.On or about December 2,20 II,I asked for assistance trol11 the City
7 Attomey's ortice.
13.On January 5,2012,at the request of the City Attorney's office,l conducteo
9 an inspection orthe Subject Property and observed that Ms.Buegel still did not comply
10 with the Permit.I took photographs of the trees from the Applicant's property.which arc,,
[1 I attached hereto as Exhibit ''I n
13 conducted an inspection of the Subject Property and observed that Ms.Buege1 did,tlOJ
14 comply with the Permit.I took photographs of the trees,which are attached hereto as
17 confirmed that Valsiliki Buegel continued to be the owner of the Subject Property.A true
18 and correct copy of the property profile is attuched hereto as Exhibit "1.."
19 I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true ano correct.
On February 8,2012,at the second request of the City Attorney's office,I
On Febmary 21,2012,I ran a property profile llfthe Subject Property and15.
14.
IS Exhibit "K."
12
16
21 Executed Febmary 2.1,2012.
22
23
24
,_."""~..~=._-
25
26
27
28 I
____"-,-----c7---,--:.lI4.?::.,--=-.----------
Application For Warranr
ATTACHMENT-39
Carol W.Lynch (8m No.1(2149)
CITY ATTORNLY
,CITY OF RANCHO PALOS VERDES
3 RICHARDS,WATSON &(i[RSIION
i\I'rolCssional Corporation
4 I.I'F.TICR PIERCE (Bar No.1604(8)
ppierce(a:1r\vgla\v.coln
=-KIRS1EN R.BOWMAN (BarNo.18l627)
kbowman@nvglaw.com
6 355 SonthT;rand Avenlle.40th Floor
Los Angeles.Califo11lia 90071-310 I
7 Teleph0i1e:213.626.8484
Facsnni1e:213.626.0078
SOUTI'j';/!:"ST DlS'I'RI{'"APR l)5 20!2'·~I
JOHN A.CLARK,CLERi,
7/~t«!-'fi.l"""."
BY M.BOUCHEUO~J at:plJrf
8
Wan'ant No.AB044
Assigned for all purposes to the Honorable
Mark S.Arnold III Department G
RETURN TO ABATEMENT WARRANT
[Exempt trom filing fees pursuant to Govt.Code §61031
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
Rr'\NCHO PALOS VERDES FOR A
NUISANCE ABATEMENT WARRANT
TO TRlM EUeAL YPTUS TREES ON
PROPERTY LOCATED AT 3527 HEROIC
DRIVE AND IDENTIFIED AS APN:7564-
016-004 IN THE CITY OF RANCHO
PALOS VERDES FOR COMPLIANCE
WITH VIEW PRESERVATION PERMIT
NO.2009-00037,
Applicant
On the 12th day of March,2012,an Abatement Warrant ("Warrant")was issued by
the Honorable Mark S.Arnold,.Judge of the above-entitled Superior Court for the
abatement ora public nuisance on the property,which is located at 3527 Heroic Drive and
commonly known as Los Angeles County Asscssor's Parcel No,7564-016-004 in the City
of Rancho Palos Verdes.Calitornia ("property")and that said abatement was completed by
Attornevs tor Applican1
l)CITY 01'RANCJ 10 PALOS VERDES
SUPERIOR COURT OF THE STAn:OF CALIFORNIA
COUNTY OF LOS ANGELES,SOUTHWEST DISTRICT
thc undersigned and the t()llowing action was taken:
27 /f!i
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Return 10 Abalement \\·'alT<lIll
ATTACHMENT-40
I
I I On March 12.2012 at 2:20 p.m.I made my lirst attempt to serve the Wammt
21 personally on the owncr oUhc propcrt).Valsiliki BuegcL and to post it on the Iront door of
31 the home on the prope11y.Because the gale at the bottom ufthe drh·eway to the propert)
-+I was locked.I could not l!ain access the Iront door of the home.
S i On March 13.2012 at II :29 a.m.and agam at -.I:1:2 p.m ..I made my second and third
attempts to serve the Warrant personally on the property owner and to post it on thc front
door of the home on the property.Once again thc gate to the property 'vas locked:
therefore.I posted the Warrant on the gate at the bottom of the driveway at 4:12 p.m.and
took photos of the posting to confirm my due diligence.
After posting of the WmTant.J was not contacted by the property owner regarding
the Warrant and the City's intent to abate the public nuisance:therefore.in accordance with
the time frames specificd in thc Warrant.1 schcdulcd a trce service to abate the public
13 nuisance on the Property.At the time of scheduling ofthe tree service.I also requested
14 assistance of the Sheriffs Department.
15 On March 21.2012,J arrived at 7:45 a.m.to assist in the abatement of the public
16 nuisance.Deputy Tami Bouse of the Sheriffs Department and West Coast Arborists'crcw
17 arrived to the property at 8:00 a.m.The West Coast Arborists'crew cut two links of the
18 chain on the gate at the bottom of the driveway to access the property and cummence
19 abatement ofthe public nuisance.
20 On that same day.I observed the trimming from the applicant's property located at
21 3648 Vigilance Drive,which is the impacted property.Trimming was completed at
22 9:06 a.m.West Coast Arborists finished their cleanup at 9:35 a.m.We then closed the gate
23 to the property.We left the property.J returned to my office at 9:45 a.m.
24 Therefore,after complying with the service requirements and timing in the Warrant.
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25 the public nuisance was abated on March 21,2012.
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Return to Abatement \\rarrani
ATTACHMENT-41
r.Am~Sccnlty,who sought the abo\'c warrant on behall'ofthc City'of Rancho Palos
2 Vcedes,do swear thai the foregoing is true and coeree\.
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ATTACHMENT-43
Exhibit H
Title 8,Chapter 8.24 and Section 17.02.040.C.2.h of the
Rancho Palos Verdes Municipal Code (RPVMC)
ATTACHMENT-44
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f':iln~hD Fe-los Verdes.California,Code of Ordinances»Title 8 -HEALTH AND SAFETY»Chapter
8.24 -PROPERTY MAINTENANCE»
Chapter 8.24 -PROPERTY MAINTENANCE
Sections:
8.24010·Short title.
8 24 020 .Findings.
8.24030·Definitions
8.24.040 -Responsibility for enforcement.
fL;?4 050 -Nonexclusive regulations.
8.24.060 -Prohibited activities and unlawful conditions.
824.070 -Public nuisances.
8.24.080 -Procedures for abatement of public nuisances,
8.24090·Abatement of public nuisances by the city.
8.24.1 00 ~Alternative procedures for abatement of imminently danaerous pUblic nUisances.
8.24.110·Account of abatement costs.
B-.2--±J)O -Procedure for special assessment.
3.24.130 -Hearing on proposed assessment.
!3.c2'h1'tQ.'Contest of assessment.
.§__?4.J 5o_:.Notice of lien-Form and contents.
8_.24 ..160 -Procedures for collection with regular ta~es.
8 24.170 -f,emedie;;of private parties.
824 180·Right of entry.
824.190 -Penalty for violation.
8.24.010 -Short title.
This chapter shall be known as the "City of Rancho Palos Verdes Property Maintenance
Ordinance,"and is adopted pursuant to the authority contained in Section 38773.5 of the California
Government Code.
((Yrd 235 § 2 !PCirt),'/988)
8.24.020 •Findings.
The city council finds and determines as follows:
A.The city has a history of and a reputation for well-kept properties,and the property
values and the general welfare of the community are dependent,in part,upon the
appearance and maintenance of private properties.
B.There exists a need for further emphasis on property maintenance and sanitation in
that certain conditions,as described in this chapter,have been found from place to
place throughout the city.
C
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E.
D.
F
The existence of certain conditions,as described in this chapter,is injurious and
inimical to the pUblic health,safety,and welfare of the residents of the city and
contributes substantially and increasingly to the deterioration of neighborhoods.
Unless corrective measures are undertaken to alleviate such conditions an assure the
avoidance of future problems in this regard,the public health,safety and general
welfare,and specifically the social and economic conditions of the community,will be
adversely affected.
The abatement procedures set forth in this chapter are reasonable and afford due
process to all affected persons.
The uses and abuses of property as described in this chapter reasonably relate to the
proper exercise of the police power to protect the health,safety and general welfare of
the public.
(ol(j 235.<?2 fpaft)1988)
8.24.030 •Definitions.
Except where the context otherwise requires,the definitions hereafter set forth shall govern
the construction of this chapter:
A."Attractive nuisance"means any condition instrumentality,or machine which is unsafe
and unprotected and thereby dangerous to young children by reason of their inability
to appreciate the peril therein,and which may reasonably be expected to attract
young children to the property and to risk injury by playing with,in or on it.
B."Code enforcement official"means the city manager,or any person designated by the
city manager to enforce the provisions of this chapter.
C."Occupant"includes but is not limited to the owner,the owner's agent or employee,a
lessee, the lessee's agent or employee,a tenant.the tenant's agent or employee.or
any person otherwise in possession or control of any property within the jurisdiction of
the city.If the owner is the occupant of the property,provisions relating to the owner
and the occupant shall be treated as relating to one person.
D."Owner"means the owner of record as shown on that last equalized assessment roll
of the county.For purposes of providing notice to an owner of any action under this
chapter,"owner"includes the actual owner of record,or such owner's agent,
employee or other legal representative.
E."Property"includes any grounds,lot,parcel,tract or other piece of land,as well as any
building,structure or other appurtenance located thereon.
F."Public nuisance"means anything which is injurious to health,or is indecent,or
offensive to the senses,or an obstruction to the free use of property,so as to interfere
with the comfortable enjoyment of life or property by a neighborhood or by any
considerable number of persons in the city irrespective of whether the annoyance or
damage inflicted upon individuals is unequal.
G."Vehicle"means a motorized or non-motorized device by which any person or
prcperty may be propelled,moved,or drawn upon a highway,including,but not
limited to,automobiles,recreational vehicles,trailers,campers.watercraft,aircraft,or
gliders.Vehicle does not mean any device moved exclusively by human power.
H."Recreational vehicle"means any motor home,camper,house or tent trailer that may
be used by persons for temporary occupancy,regardless of whether it has its own
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motor or is to be towed by a motorized vehicle.Recreational vehicle does not mean a
mobile home.
8.24.040 -Responsibility for enforcement.
The administration and enforcement of this chapter shall be the responsibility of the code
enforcement official who shall perform all duties in the manner authorized by law.
(Ord 235 ~2 (jklit)1988)
8.24.050 -Nonexclusive regulations.
The procedures set forth in this chapter shall not be exclusive and shall not,in any manner,
limit or restrict the city in the enforcement of other city ordinances or the abatement of pUblic
nuisances in any other manner provided by law.
(Ord 235 i 2 (part),'E98B;
8.24.060 -Prohibited activities and unlawful conditions.
A.It shall be unla"vful for any person owning,leasing,occupying,or having charge or
possession of any property in the city to cause,or to permit,or to maintain thereon any
condition which is at variance with the level of maintenance of surrounding properties,or
which results in substantial detriment to the comfortable enjoyment of life or property by
others in the immediate vicinity thereof.Such conditions include,but are not limited to,the
following:
1.Inadequately maintained landscaping visible from the public right-of-way or adjoining
property,which shall include:
a.Lawns with grasses which create an unsightly appearance due to lack of water
or inadequate spraying,trimming,treatment or similar maintenance:
b.Overgrown vegetation which is unsightly and likely to harbor rats or vermin:
c.Trees,hedges,shrubs,plants or .other vegetation which:
i.Are dead,decayed,diseased,or infested with insects,or
ii.Create a fire hazard or are otherwise dangerous to the public health,
safety and welfare,or
iii.Interfere with or impede the flow of traffic,whether vehicular or
pedestrian,or obstruct visibility,on streets,intersections,sidewalks or
other public rights-of-way,or
iv.Create an unsightly appearance due to lack of water or inadequately
spraying,trimming,pruning,treatment or similar maintenance;
2.The storage of trash,garbage or refuse cans,bins,boxes or other such containers in
front or side yards,which are not sUbstantially screened from view from the public
right-of-way,except when placed for collection pursuant to the provisions of this code;
3.The accumulation of junk,trash,debris,rubbish,garbage,lumber,scrap metal,
concrete,asphalt,tin cans,tires,piles of earth or salvage materials which are visible
from the pUblic right-of-way or adjoining property;
4.
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Abandoned,discarded or unused furniture,stoves,sinks,toilets,cabinets or other
household fixtures or equipment which are not stored within an entirely enclosed
space;
Abandoned,wrecked,dismantled or inoperative vehicles that are not stored within a
fully enclosed structure;
Any vehicle that is not parked or stored in the following manner:
a.Any vehicle shall be parked overnight or stored only on a developed lot or
parcel ("lot"),except that one vehicle may be parked or stored on an
undeveloped lot if the owner of the vehicle also is the owner of the
undeveloped lot or is a member of the lot owner's immediate family,and the
owner of the vehicle lives on a developed lot that is contiguous to the
undeveloped lot on which the vehicle is parked or stored,provided that the
remaining provisions of this paragraphJl.are met.For the purposes of this
paragraph,vehicle includes a trailer,which is attached to a motorized vehicle
that tows the trailer,and immediate family includes spouses,registered
domestic partners,children,stepchildren,parents,in-laws,grandparents and
grandchildren.
b.Any vehicle parked on a direct access driveway shall be parked essentially
perpendicular to the street of access.
c.Any vehicle that is parked in the front yard or on any other portion of the
property that is visible from the street right-of-way shall be parked or stored on
a driveway or other lawfully installed paved surface so that the entire vehicle
fits over the paved surface without overhanging into landscaped areas,
sidewalks,parkways or the street right-of-way.
d.Any vehicle that is parked in the front yard or any other portion of the property
that is visible from the street right-of-way shall be kept in a reasonably well-
maintained condition (i.e.,no broken windows)or shall be covered with a
generic vehicle cover that is designed for the particular type of vehicle,
provided that the cover is properly secured and is continually maintained in
good repair (i.e.,is not torn).
e.Unless a temporary guest permit has been issued by the director,no vehicle
shall be occupied or used as a second unit for sleeping,cooking,office,or
other similar purposes,and no vehicle shall be connected to electricity,water,
or sewer lines,except for the temporary purpose of charging batteries,filling
water tanks,or legally removing material from any gray and black water tanks.
Temporary guest permits shall be issued only for properties that are developed
with a residence.A temporary guest permit shall not be effective for more than
fourteen calendar days,and no more than three temporary guest permits may
be issued for any residence during any calendar year.
Buildings,structures or appurtenances thereto which are deemed to be "unsafe"as
defined in Section 102 of the Uniform Building Code,as adopted by Section 15.04.010
of this code;
Building exteriors,walls,fences,driveways or walkways which are cracked,broken,
defective,deteriorated,in disrepair,or defaced due to any writing,inscription or other
marking commonly referred to as "graffiti";
Buildings or structures which are abandoned,boarded up,partially destroyed,or
partially constructed after building permits have expired;
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Buildings or structures with deteriorating or peeling paint which allows the exterior
covering to deteriorate or which permits the effects of sun and water penetration to
cause decay,dry rot,warping or cracking;
11.Buildings or structures with broken windows,doors,attic vents or underfloor vents;
12.A swimming pool,pond or other body of water which is abandoned,unattended,
unfiltered,or otherwise un maintained,wherein the water becomes polluted by
bacterial growth,algae,remains of insects or deceased animals or reptiles,rubbish,
refuse,debris or other foreign matter,thereby creating an unhealthy,unsafe or
unsightly condition.
B.It is unlawful for any person owning,leasing,occupying,or having charge or possession of
any property in the city to fail or refuse to remove from any sidewalk or other public right-of-
way abutting or adjoining such property all loose earth,mounds of soil,dry grass,weeds,
dead trees,tin cans,abandoned asphalt or concrete,rubbish,refuse,and waste material of
any kind,or any other unsanitary substance,object or condition which may endanger or
injure neighboring property or the health,safety or welfare of the residents in the vicinity of
such property,or which may obstruct such sidewalk or other public right-of-way and thereby
endanger or injure persons traveling thereon.
C.It is unlawful for any person to dump,move or place any earth,sand,gravel,rock,stone or
other excavated material or debris so as to cause the same to be deposited upon or to roll,
blow,flow,or wash upon or over any public place or way or the premises of another without
the express written consent of the owner of such premises so affected.No person shall,
when hauling any earth,sand,.gravel,rock,stone or other excavated material or debris over
any public street,alley or other public place,allow such material to blow or spillover and
upon such street;alley,or place,or adjacent private property.
(0nl 390 §2.2003,Oni 273 § 5 (E\h A).1991;Old.235 §2 (Im!f).1988)
((")f(j No 511 §1.6-29-10)
8.24.070 -Public nuisances.
A.It is declared to be a public nuisance for any person owning,leasing.occupying or having
charge or possession of any property in the city to cause,or to permit,or to maintain any
prohibited activity or unlawful condition thereon described in SectionJL24.060 of this chapter,
or to maintain any attractive nuisance.
B.The city council shall have the power to declare by ordinance or resolution that a particular
activity or condition other than and in addition to those described in Section 8.24.060 ofthis
chapter shall constitute a public nuisance which must be abated.
(0,,1 235 §2 (patt!.1988)
8.24.080 -Procedures for abatement of public nuisances.
A Procedures.Whenever the code enforcement official has inspected or caused to be
inspected any property and has determined that an unlawful condition constituting a public
nuisance exists thereon,the code enforcement official may use the procedures set forth in
this section for the abatement of such public nuisance;provided,however,that if the public
nuisance is determined to be imminently dangerous to life or adjacent property and to require
immediate removal,repair or isolation,the procedures set forth in SectionJL24.1 OQ hereof
may be used by the code enforcement official.
B.Notice and Order of Code Enforcement Official.
1.
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The code enforcement official shall give,or cause to be given,a notice and order to
abate the unlawful conditions existing on the property.Such notice and order shall be
in writing and shall detail the existing unlawful conditions which constitute a violation
of this chapter.Such notice and order shall be in substantially the following form:
NOTICE AND ORDER TO ABATE
A PUBLIC NUISANCE
TO THE OWNER,AGENT OF THE OWNER,
LESSEE,OCCUPANT,OR PERSON IN
POSSESSION OF THE PROPERTY
HEREINAFTER DESCRIBED:
YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Chapter 8.24
of Title 8 of the Municipal Code of the City of Rancho Palos Verdes,California on file
in the office of the City Clerk in the City Hall.
Pursuant to the provisions of said Chapter,you are hereby notified that
(DESCRIPTION OF UNLAWFUL CONDITIONS)
You are further notified and ordered to abate the above specified conditions by
taking the following action(s):
(DESCRIPTION OF ACTIONS NECESSARY TO ABATE UNLAWFUL CONDITIONS)
Such action(s)must be completed within (insert time period)days from
the date of your receipt of this notice and order,and thereafter you must
maintain the said property free of any of the unlawful conditions described
above.It is your responsibility to obtain all appropriate permits and to dispose
of any material or materials involved in the public nuisance in a legal manner.
In the event you fail to complete such work within the time hereinabove
mentioned,the undersigned shall cause the appropriate action to be taken and
completed,and the charges therefor will be a lien upon the said property or
upon the lot or parcel of land adjoining and abutting the public right-of-way or
sidewalk in the event the public right-of-way or sidewalk is to be cleaned or
otherwise protected.
You are advised that any person holding record title or having any
interest in the property may appeal from this notice and order,or any
determination of the Code Enforcement Official,to the City Council within ten
days from the date of service of this notice and order.Written notice of such
appeal must be filed in the office of the City Clerk in the City Hall at 30940
Hawthorne Boulevard,Rancho Palos Verdes,California 90274.If no appeal is
filed within the time prescribed,the determination of the Code Enforcement
Official shall be final.
You are further advised that this notice and order may be recorded
against the property in the Office of the County Recorder
The said bUilding,structure,improvement,or property is situated in the
City of Rancho Palos Verdes,Los Angeles County,California,on premises
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Code Enforcement Official
Page 7 of 12
described as LOT;#rule;,BLOCK;#rule;,TRACT;#rule;,and commonly known
as
Dated at Rancho Palos Verdes,California this ;#rule;day of
_____,;#rule;.
City of Rancho Palos Verdes,
California
2.The notice and order shall be given by delivering the notice personally to the owner,
agent of the owner,lessee,occupant,or person in possession of the premises
described in the notice and order,or by sending such notice by registered or certified
mail,postage prepaid,addressed to the owner,agent of the owner,lessee,occupant
or person in possession of the premises therein described at his or her last known
address.The address of the owner or owners as it appears on the last equalized
assessment roll of the county shall be conclusively deemed to be the proper address
for the mailing of such notice.If mailed,such notice shall be deemed to have been
received three days after the date the notice was deposited in the United States mail.
3.In the absence of fraud,no error or mistake in the service of the notice and order,and
no failure on the part of any property owner to receive the notice and order,shall in
any manner affect the validity of any proceedings hereunder as to any other person
duly served.
4.Proof of service of the notice and 'order shall be documented at the time of service by
a declaration under penalty of perjury executed by the person effecting service and
declaring the time and manner in which service.was made.
5.SUbsequent to service of the notice and order,the code enforcement official may file
in the office of the county recorder a certificate containing a legal description of the
subject property and certifying that a public nuisance exists on the property and that
the owner has been so notified.The code enforcement official shall file a new
certificate in the office of the county recorder,stating that the public nuisance has
been abated,whenever any of the following has occurred:
a.The corrections ordered have been completed so that a public nuisance no
longer exists on the property described in the certificate;or
b.The notice and order is rescinded by the city council upon appeal;or
c.The city has caused the public nuisance to be abated and the costs of
abatement have been paid.
C.Extension of Time to Perform Work.Upon receipt of a written request from any person
required to comply with the notice and order,the code enforcement official may grant an
extension of time within which to complete said abatement,if the code enforcement official
determines that such an extension of time will not create a situation imminently dangerous to
life or property.The code enforcement official shall have the authority to place reasonable
conditions on any such extension.
D.
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Appeals.Within ten days after the date of service of a notice and order,the owner,agent of
the owner,lessee,occupant,or person in possession of the property who may have been
served with a notice and order,or any person interested in the property affected by such
notice and order,may appeal to the city council as to the requirements of such notice and
order.Such appeals shall be in writing,shall state the objections of the person filing the
appeal,shall be filed with the city clerk within the time specified herein,and shall be
presented to the city council by the city clerk at its next regular meeting.The city council shall
thereupon proceed to hear and pass upon the appeal.The city council shall,by resolution,
determine whether the code enforcement official shall proceed in accordance with the notice
and order as given,or as modified by the city council,or not at all,and its decision thereon
shall be final and conclusive.Said hearing may be continued by the city council from time to
time as it deems necessary.
(Oni.235 §2 (part)1938j
8,24.090 -Abatement of public nuisances by the city.
A.If the owner.agent of the owner,lessee,occupant,or person in possession of the property
who may have been served with a notice and order shall fail to take action as required by the
notice within the time therein specified,or as extended by the city council.and in accordance
with the provisions of this chapter,the code enforcement official shall take action as specified
in the notice and order to abate the public nuisance existing on the property.
B.Abatement of the public nuisance may,in the discretion of the code enforcement official,be
performed by city forces or by a private contractor engaged by the city pursuant to the
provisions of this code.
C.Notwithstanding compliance with the notice and order,the owner,and any other persons
having an interest in the property described in the notice,shall in all events be jointly and
severally liable for all costs incurred by the city in securing such compliance,including those
costs identified in SectionJU.±J.1QA.Moneys due the city pursuant to this subsection may
be recovered in an appropriate civil action.Alternatively,costs may be recovered by the city
in the same mannel'thai abatement costs are recovered pursuant to this chapter.
(Ord 235 §2 (palt).1988)
.8.24.100 -Alternative procedures for abatement of imminently dangerous public
nuisances.
Whenever the code enforcement official determines that a public nuisance is so imminently
dangerous to life or adjacent property that such condition must be immediately removed,repaired
or isolated,the code enforcement official may implement the folloWing procedures:
A.Notice.The code enforcement official shall attempt to make contact through a
personal interview,or by telephone,with the owner of the property or the person,if
any,occupying or otherwise in real or apparent charge and control thereof.In the
event such contact is made,the code enforcement official shall notify such person,or
persons,of the danger involved and require that such condition be immediately
removed,repaired or isolated so as to preclude harm to any person or property.
B.Abatement.If the code enforcement official is unable to make contact as hereinabove
noted,or if the appropriate persons,after notification by the code enforcement official,
do not take action within such time as may be specified by such official,then the code
enforcement official may take all actions deemed necessary to remove,repair or
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isolate such dangerous condition or conditions,with the use of city forces or a
contractor engaged pursuant to the provisions of this code.
Costs.The code enforcement official shall keep an itemized account of the costs
incurred by the city in removing,repairing or isolating such condition or conditions.
Such costs may be recovered by the city in the same manner that abatement costs
are recovered pursuant to this chapter.
(OHi 235 §2 (part)1988)
8.24.110 -Account of abatement costs.
A.The code enforcement official,in conjunction with the director of finance,shall keep an
itemized account of all costs incurred by the city in the abatement of any public nuisance
under this chapter.Such costs may include,but are not limited to,any and all direct costs
and expenses related to such items as investigation,boundary determination,measurement,
personnel salaries and benefits,operational overhead,fees for experts or consultants,legal
costs or expenses,including attorney's fees,claims against the city arising as a
consequence of the public nuisance,clerical and administrative costs,and procedures
associated with collecting moneys due hereunder.
B.Upon completion of the abatement work,the code enforcement official shall prepare a report
specifying the work done,the itemized costs of the work necessary to abate the public
nuisance,a description of the property involved,and the names and addresses of the
persons entitled to notice pursuant to Section 8.24.080 of this chapter.Any such report may
include costs on any number of properties,whether or not contiguous to each other,and
whether Of not under the same ownership.The report shall be filed with the city clerk.
fOrd 235 §2 (pair)1988}
8.24.120 -Procedure for special assessment.
A.Hearing Notice.Within ten days after the filing of the report referred to in Section.9_241.1Q,
the city clerk shall fix a time and place for hearing and passing upon the report.The city clerk
shall cause notice of the proposed assessment,as set forth in the report,to be given in the
manner and to the persons specified in Section 8.24.080.Such notice shall contain a
description of the property sufficient to enable the persons served to identify it,and shall
specify the day,hour,and place when the city council will hear and pass upon the report.
together with any objections or protests which may be raised by any person liable to be
assessed for the costs of such abatement.Notice of the hearing shall be given not less than
fifteen days prior to the time fixed by the clerk for the hearing,and shall also be publisiled
once,at least fifteen days prior to the date of the hearing,in a newspaper of general
circulation published in the county.
B.Protests.Any interested person may file a written protest with the city clerk at any time prior
to the time set for the hearing on the report of the code enforcement official.Each such
protest shall contain a description of the property in which the person signing the protest is
interested and the grounds of such protest.The city clerk shall endorse on every such
protest the date and time of filing,and shall present such protest to the city council at the
time set lor hearing.
rOfej 235 §2 (pwt)19881
8.24.130 -Hearing on proposed assessment.
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Upon the day and hour fixed for the hearing the city council shall consider the report of the
code enforcement official,together with any protests which have been filed with the city clerk.The
city council may make such revisions,corrections,or modifications in the report as it may deem
just.and when the city council is satisfied with the correctness of the assessment,the report and
the proposed assessment,as submitted,or as revised,corrected,or modified,shall be confirmed
by resolution.The decision of the city council on the report and the assessment and on all protests
shall be final and conclusive.The city council may continue the hearing from time to time as it
deems necessary.
(Ord 23[.§2 (part),'/988)
8.24.140 ..Contest of assessment.
The validity of any assessment levied under the provisions of this chapter shall not be
contested in any action or proceeding unless such action or proceeding is commenced within thirty
days after the assessment is confirmed by resolution of the city council.
(0"1 ?35 § 2 11'01'/).1988)
8.24.150 -Notice of lien-Form and contents.
A.Notice of Lien.Immediately upon confirmation of the assessment by the city council,the
finance director shall execute and file in the office of the county recorder a certificate in
sUbstantially the folloWing form:
NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Official by the provisions of Tltl~
8,Chapter 8.24 of the Rancho Palos Verdes Municipal Code,the Code Enforcement Official
on or about the ;#rule;day of ,19 ,caused the abatement of a
nuisance on real property,and the city council of the City of Rancho Palos Verdes,011
the ;#rule;day of _,19 ,assessed the costs of such abatement
upon said real property,and the same has not been paid nor any part thereof,and the City of
Rancho Palos Verdes does hereby claim a lien on said real property for the net expense of
.the doing of said abatement in the amount of $;$rule;,and this amount shall be a lien upon
said real property until the sum of $;$ruie;,with interest at the rate of six (6%)per annum
from ,19 ,has been paid in full and discharged of record'.
The real property hereinbefore mentioned,and upon which a lien is claimed,is that certain
parcel of land in the City of Rancho Palos Verdes,County of Los Angeles,State of
California,and more particularly described as follows:
(DESCRIPTION)
Dated:this ;#rule;day of ,19,_
----..---------------------1
----------------1
FINANCE DIRECTOR OF THE.____..~
CITY OF RANCHO PALOS VERDES J
(ACKNOWLEDGEMENT)
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B.Recordation.Immediately upon the recording of the notice of lien the assessment shall
constitute a lien on the real property assessed.
(G;cf 235?j 2 (pW11 !088i
8.24.160 -Procedures for collection with regular taxes.
A.Assessment Book.The notice of lien,after recording,shall be delivered to the auditor of Los
Angeles County,who shall enter the amount on the county assessment book opposite the
description of the particular property,and the amount shall be collected together with all
other taxes against the property.
B.Collection.The amount set forth in the notice of lien shall thereafter be collected at the same
time and in the same manner as ordinary city taxes are collected,and shall be subject to the
same penalties and interest and to the same procedure under foreclosure and sale in case
of delinquency to the levy,collection and enforcement of city taxes are made applicable to
such assessment.
C.Refunds.The city council may order a refund of all or part of the assessment paid pursuant
to this chapter if it finds that all or part of the assessment was erroneously levied.An
assessment or part thereof shall not be refunded unless a claim is filed with a city clerk within
six months after the assessment became due and payable.The claim shall be verified by the
person who paid the assessment,or the legal representative of such person.
(Ord 235 §2 (pM).1988)
8.24.170 -Remedies of private parties.
The provisions of this chapter shall in no manner adversely affect the right of the owner,
lessee,or occupant of any such property to recover all costs and expenses imposed by this chapter
from any person responsible for creating or maintaining the public nuisance.
8.24.180 -Right of entry.
A.Whenever necessary to make an inspection to enforce any of the provisions of this chapter,
or whenever the code enforcement official has reasonable'cause to believe that there exists
in any building or upon any property any unlawful condition of prohibited activity which
makes such building or property unsafe,dangerous or hazardous,the code enforcement
official may enter such building or property at all reasonable times to inspect the same or to
perform any duty imposed upon the code enforcement official by this chapter:provided,
however,that if such building or property is occupied,the code enforcement official shall first
present proper credentials and request entry;and if such building or property is unoccupied,
the code enforcement official shall first make a reasonable effort to locate the owner or other
persons haVing charge or control of the building or property and request entry.If such entry
is refused,the code enforcement official shall have recourse to every remedy prOVided by
law to secure entry.
B.It shall be unlawful for any person,including an owner,agent of the owner,lessee,or anyone
in possession of any property within the city to refuse to allow the code enforcement official,
or a contractor engaged by the city,to enter upon the property at any time during the hours
of daylight for the purpose of tile abatement of a public nuisance or to obstruct,impede or
interfere in any manner with the code enforcement official,or a contractor engaged by the
city,in any work undertaken pursuant to the provisions of this chapter.
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8.24.190·Penalty for violation.
Page 12 of 12
Any person violating any of the provisions or failing to comply with any of the requirements of
this chapter shall be gUilty of a misdemeanor and,upon conviction therefor,shall be punishable as
provided for in Chaoter 108 of this Code.
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efficiency of the dwelling,(e)the health or viability of the remaining
landscaping,or (f)the integrity of the landscape plan,provided that the
property owner consents to the replacement.
g The applicant,the owner of the property where the foliage is located,or
any other interested person may appeal the decision of the view
restoration commission to the city council by filing with the city clerk a
written notice of appeal,including the grounds for the appeal,and any
specific action being requested by the appellant,together with the
appeal fee established by resolution of the city council,within fifteen
calendar days after the view restoration commission adopts the
resolution setting forth its decision.The decision of the view restoration
commission is final if no appeal is filed within fifteen calendar days.If
such an appeal is timely and properly filed, a copy of the findings of the
view restoration commission and all materials on file with the director
shall be transmitted to the city council,which shall be part of the appeal
hearing record,together with the notice of appeal and any other written
materials submitted by interested parties.Additional written materials
shall be submitted to the city clerk at least seven calendar days prior to
the date that the appeal will be heard by the city council.
Upon receiving the notice of appeal,the city clerk shall schedule the
matter for review at a forthcoming meeting of the city council.At the city council
meeting,oral testimony shall be limited to five minutes in length for each of the
parties whose properties are affected by the decision and two minutes per
person for other individuals.Oral testimony shall be limited to the issues raised
in the written appeal.At the conclusion of the oral presentation,the city council
may do one of the following:
i.Affirm the decision of the view restoration commission and
approve the application upon finding that all applicable findings
have been correctly made and all provisions of subsection (C)(2)
of this section are complied with;
ii.Approve the application but impose additional or different
conditions as the city council deems necessary to fulfill the
purposes of subsection (C)(2)of this section;
iii.Disapprove the application upon finding that all applicable
findings cannot be made or all provisions of subsection (C)(2)of
this section have not been complied with;or
iv.Refer the matter back to the view restoration commission to
conduct further proceedings.The remanded proceedings may
include the presentation of significant new evidence which was
raised in conjunction with the appeal.The city council shall state
the ground(s)for the remand and shall give instructions to the
view restoration commission concerning any error found by the
city council in the commission's prior determination.
h.If,after ninety calendar days,the foliage has not been removed or
trimmed in accordance with the requirements of a view restoration or
view preseNation permit,the city of Rancho Palos Verdes will authorize
a bonded tree seNice to trim,cull,lace or remove the identified foliage
at the owner's expense.In the event that the city is required to perform
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the work,the foliage owner will be billed for all city expenses incurred in
enforcing the view restoration or preservation permit (including
reasonable attorney's fees).If the property owner does not pay the city
for the amount set forth on the invoice,the city may record a lien or
assessment against the foliage owner's property,pursuant to Chapter
8.24 of this Code.
(Ord 481 §10,2008,ani 442 §1.2006.Old.405 §§7-9.2004 Ord.400U §§7-9.2004.Ord.389 §5,2003.
Ord.386 §3.2003;Ord.355 §8.2000.O,d 340 §8 (part),1998,Ord.329U §I,1997,Orcl 319 §8.1997.Ord
298 §1.1994;Ord.262 §§2,3.'/991.PlOposition M,passed November 7,1989.01'(/.194 §5 (pari!.1985.Ord
1 H §1.1979'Ord.90 §1.1977.Onl 78 (pall),19(5)
(Ord.No.510,§9.6-29-10)
TABLE 02-A:SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS
For exceptions and explanatory descriptions of these standards and for other development
standards that apply to single-family residential areas,see Articles VI and VII of this title The
number which follows an "RS-"designation indicates the maximum number of lots per acre
permitted in the zone;the "RS-A"number indicates the minimum number of acres per lot permitted.
D1STRIC LOT DIMENSIONS'MINIMUM SETBACKS]'6 f,lINIMUM SETBACKS 2 ,],6 FOR ~AXIMUM ~XIMUM PA
FOR CITY CREATED LOTS LOTS CREATED PRIOR TO LOT HEIGHT]'RE
INCORPORATION/ANNEXATION COVERAGE ,7 5
~
AREA ~IDTH DEPTH FRON INTERIOR sTREE REAR FRONT INTERIOR STREET REAR ie:
SIDE SIDE SIDE SIDE 5,1
fTTL ONE ha
BOTH SIDE sp
SIDES en
Qa
RS·A·5 5 200 300 20 30 1Q 20 20 20 5 ~P2 ~~5,1
acres m,
RS-1 1 acre 100 150 20 25 10 20 20 20 5 10 15 25%16 ha
RS-2 20,000 90 120 20 20 1Q 20 20 20 5 ~P2 ~O%~sp
.f.en
RS·3 1],000 80 110 20 20 1Q 20 P2 20 5 ~P2 f45%~ga
s.f.
RS·4 1Q,000 75 100 20 20 1Q 20 P2 20 5 ~P2 50%~s.f.
RS-5 8,000 65 100 20 20 1Q 20 P2 20 5 ~~52%~s.f.
1.For an existing lot which does not meet these standards,see Chapter 17.84 (Nonconformities).
2.Lots of record,existing as of November 25,1975 (adoption of this Code),or within Eastview and
existing as of January 5,1983 (annexation),shall use these development standards for minimum
setbacks.
3.For description,clarification and exceptions,see Chapter 17.48 (Lots,Setbacks,Open Space
Area and Building Height).
4.For a description of height measurement methods and the height variation process,see Section
17.02.040 of this chapter.A height variation application shall be referred directly to the planning
commission for consideration,if any of the following is proposed:
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Exhibit I
Excerpted Section VIII.B.5 of the July 20,2010 View
Restoration and Preservation Guidelines
ATTACHMENT-59
View Restoration and Preservation Permit Guidelines and Procedures
JUly 20,2010
d.The Director's Determination may be appealed to the Planning
Commission by the applicant,the foliage owner or any interested party by filing a written
appeal and submitting the appropriate fee,as established by City Council resolution,to
the City within fifteen (15)days of the receipt of the Director's Determination Notice.
Prior to the public hearing,Commissioners shall conduct a site visit to the applicant's
property pursuant to Section IV (E)(5).Commissioners will also visit the foliage owner's
property if requested in writing to do so by the foliage owner(s).The decision of the
Commission may be appealed to the City Council by the applicant,the foliage owner or
any interested party by filing a written appeal and submitting the appropriate fee,as
established by City Council resolution,to the City within fifteen (15)days of the
Commission's decision.
5.Once the appeal process has been exhausted,the City's View
Preservation Determination Decision shall be final.If the City's final determination is
that view preservation action is warranted on a particular property,the foliage owner
shall be responsible for trimming the foliage,at his/her expense,as so ordered by the
City.If the required work as specified herein is not completed,as verified by Staff,
within the stipulated time periods,then the City of Rancho Palos Verdes will utilize the
City's code enforcement process to authorize a bonded tree service to perform the work
at the subject property at the foliage owner's expense.In the event that the City is
required to perform the work,the foliage owner will be billed for all City expenses
incurred in enforcing the View Preservation permit.If the foliage owner does not pay
the invoice,a lien or assessment may be recorded against the foliage owner's property,
pursuant to Title 8,Chapter 24 of the Rancho Palos Verdes Municipal Code.
6.Once the initial work associated with a formal View Preservation
decision is performed,Staff will document the applicant's view with photographs taken
from the applicant's viewing area with a standard camera lens that will not alter the
actual image that is being documented from the viewing area.The photographs will be
kept on file with the City and copies shall be given to all involved parties to use for future
trimming purposes.
7.The filing of an application by a property owner requesting a view
preservation action without payment of a fee shall be limited to a maximum of once
every twelve (12)months.If a property owner wishes to file an application more
frequently than once every twelve (12)months,the property owner may do so upon
payment of a fee established by City Council Resolution.
8.Upon receipt of a written complaint from a View Preservation Permit
(VPP)applicant or the subsequent owner of an applicant's property,that foliage has
exceeded the height limit imposed by a View Preservation Permit,City Staff shall visit
the site and examine the photographic documentation on file or other evidence to
determine whether the foliage has been maintained in a manner that is consistent with
the approved View Preservation Permit (VPP).If foliage,which is the subject of an
approved VPP,exceeds the height limits prescribed in the approved VPP,the City shall
Page 26
ATTACHMENT-60
Exhibit J
Notice of Final Decision on View Preservation
Application No.2009-00037
ATTACHMENT-61
January 26,2010
CI1Y OF
PlANNING,BUILDING,&CODE ENFORCEMENT
NOTICE OF DECISION ON
VIEW PRESERVATION PERMIT APPLICATION NO.2009-00037
NOTICE IS HEREBY GIVEN that the Director of Planning,Building and Code Enforcement of the
City of Rancho Palos Verdes has made a determination that the foliage on the property located
3527 Heroic Drive,Rancho Palos Verdes creates significant view impairment from the viewing area
located at 3648 Vigilance Drive.
More specifically,the Director has determined that foliage on your property has grown into your
neighbor's view of the ocean and Catalina Island.Therefore,in order to preserve the affected
applicant's view,please trim the foliage on your property at 3527 Heroic Drive as shown in the
attached documentation photograph dated 1998 (Figure 1,attached).Specifically,the Eucalyptus
tree,its existing shape shown with the red line,shall be reduced to the yellow dashed line shape
as shown on Figure 2 (attached).Said trimming shall occur on an annual basis,beginning one
year after the trimming related to this permit is performed.This determination is made pursuant to
Rancho Palos Verdes Municipal Code (RPVMC)Section 17.02.040(B)(3),Section VIII (B)of the
View Restoration Guidelines,and the review criteria contained in Section VIII (C)of the Guidelines
(see attached).
The foliage shall be trimmed as specified above within 90 days of January 26,2010 (no later than
Monday,April 26,2010).All trimming expenses shall be borne by the property owner at 3527
Heroic Drive.
Decisions of the Director may be appealed to the Planning Commission by filing a written notice of
appeal within fifteen (15)calendar days of the date of this notice (by the close of business on
Wednesday,February 10,2010).Pursuant to Municipal Code Section 17.02.040(C)(2)(g)
(enclosed).your testimony before Planning Commission will be limited to the issues raised in the
written appeal.Therefore,appeals must include the grounds for the appeal,any specific action
being requested by the appellant,and an appeal fee of $2,255.00.Furthermore,if an appeal is
filed,please be aware that any written correspondence relative to the appeal,must be submitted a
minimum of seven (7)days prior to the date of the Commission hearing.If the appellant prevails in
an appeal hearing,then the appeal fee is refundable.The decision of the Director is final if no
appeal is filed by 5:30pm Wednesday,February 10,2010.
~"""d'o,."d."",",.ffi po,re ~"v,~R.,",,',o Sm','(31~
Joe~
Director of Planning,
Building &Code Enforcement
Ene:Figure 1-Documented view photograph (1998)
Figure 2 -January 2010 photograph overlapped with 1998 photograph to show tree trimming levels
RPVMC 17.02.040.8.3 and RPVMC 17.02.040(C)(2)(g)
Section VII1.8 &C of the View Restoration and Preservation Guidelines
NOI dated October 27,2009
Page 1 of 3
30940 H,\\VllI01~N£BlVD /RANCHO rALOS YmOFs,CA 90275-5391
PIANNIN(;/CO[)f rNI OJ~nMENI (310)54/:·5228 /BlHl DI'IC (310)255-7800 /DEPI.FAX (310)544-52931 E~\-1AIl 1'1 A,NNIN<,@WV COMATTACHMENT-62
A
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A
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6
3
Ms.Valsiliki Buegel
January 26,2010
Page 3 of3
Figure 2 -January 2010 photograph overlapped with 1998 photograph to show tree trimming levels
2010 Eucalyptus tree level
Catalina Island
1998 Eucalyptus tree level
Trim to this dashed yellow line shape
I
A
T
T
A
C
H
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4
17.02.040
2.Setb""ks for Sloping Lots.On lots .wich slope uphill from the stn:ct of ICCCSS IIIld where the height of a s!rue-
tun:is in excess ofsixtccn feet ohove the point where 1be lowes!fOUlldolioo or slab meets the pound,areosinexccss ofthe
sixteen fool height 1imit shall he set bact one foot from 1be exterior building licadc ofthe fust slmy.most pmllcIlIIld c1....
est to the front property line,for every foot ofheigbt in excess ofllixlccD teet,IS measured fiom tbc point w!lcnl the 10_
fouodatioo or slab mects1be ground.as illustnrted in Figuno 4 below.
FIGURE 4
•\
--to-
----~-::.:--:=--#'-
..f
3.FoliBBe Ohalruclion.No persoo shall signifi-
cont1y impair a view from I viewing sn:a of I lot by per-
mitting folioge to grow to I heiBbt exceeding:
L The heigbt dc:tcnnined by the view ~
ration COmmissi0ll1brougb.issuance of8 view restoratioo
permit under Section 17.02.040(C)(2)oflhis cboptcr;or
b.If 00 view ....toratioo permit has beeo
issued by the viewrcstoratioo commissioo,lheigbt..nich
is the lesser of:
i.The ridge line ofthe primary slrvc·
tun:00 the property;or
ii.Sixteco feel.
IffoliBBC 00 the property already exceeds the pewi-
siOllS of subdivisions (i)and (ii)of Sectico
17.02.04O(BX3)oflhis chapter OD tbc cfli:ctiye date oflhis
scctioo,IS opproved by the VOIcn on November 7.1989.
and significontly impairs a view from I viewing .....ofa
Jo~lhcn notwith...odi08 whether anypcrsoohos sought or
obtained issuance ofa view ....toralioo permit,the foliBBe
owner shall not let the foliBBe exceed 1be foliage height
238
existing on the effective date of lhis section (November
17,1989).The purpose oflhis parograph is to CIlS1II'C that
mwers of foliage .wic:h vioIaIes tbc provisiOllS of 1his
..."",aph 00 tbc effective date of lhis IOCtioo sbol.l DOl
alIowtbcfolioge to increosc in beiBht-l'hispu"",ophdocs
DOl "grandfiIlher"or otherwise permit such follogc to COD-
tin..to block a view.
4.kmovsl of Fo!iBBc as Condili...of Permit
Issuance.The city sbaIl issue no <:ODdiliooal usc permit,
variaucc,heigbt -udioo,boiJding pamit or othorenti-
tIemcot to _I slnJchue,or to odd livable .....to a
&!nIClW'c 00 a parcel utitized for rcsidcDlial purposes,
unless the owoerr.moves thatplrl ofthe folioge on the lot
exceeding sixteen feel in height or the ridge line of the
primary I!nIcturc,whichever is I....,..that ugnific:antly
impoirs a view from the viewing .....of another porco!.
Tbc OWDeI'of the property is respODsible for maintaining
the foliage 50 that the views remain unimpaired.This re--
quircmcnt shall nol opply where removsl of the foliage
would cooslilule an umcasooable invasion of the privacy
•
ATTACHMENT-65
c.In order for a view restoration notice 10 be
issued,Ihe commissiOll must find:
i.The applicant has complied with the
early neighbor consultation process and has shown proof
ofCoopenlliOll on hlsIber part to resolve conflicts;
ii.Foliage exceeding sixteeo feet or the
ridge line of the primary structure,whichever is lower,
significantly impai",a view from the applicant's viewing
area,whether such foliage is located totally on one prop-
CI1y,orwhen combined with foliage located OIl more than
one property;
iii.The foliage 10 be removed is located
on property,BOy part of which is Jess than one thousand
feet from Ibe applicant'.propCl1y line(s);
iv.The foliage significantly impairing
the view did nolexis~as view impairing vegetation,when
the lot from which the view is taken was created;
v.RemovaJ or trimmiDg of the foliage
will DOt cause BO unreasonable infringemenl oftheprivaey
oftbe oeeupaots ofthe propCl1y upon which the foliage is
located;
vi.For prupCI1y located within the
bouodaries ofthe MIraleste recreation and pad<disIrict,the
commission shan also find the removal or trimmiDg ofthe
foliage strikes a reasonable halanee between meeting the
purposes of this section,as set forth in the ordinance ap-
proved by the voters on November 7,1989,and preserving
the bistorical develupmeols ofthe Miralestereaeationand
pari<district area with a large nnmher of1recs.
d.Should the commission make findings
requiring iSSll8l1CC ofa view restoraIion permit,lbe diree-
lOr shall send a notice 10 the property owner 10 trim,cull,
laoe or oIherwise cause tho foliage 10 be redoeed to sixteen
feet CO"the ridgelino oftho primaly Slru<:Il8'C,whiebev...is
lower,or such limil above Iba1 beigbI whicb will restore
the view.The prupCI1y owner will have niDeIy eal00dar
days 10 have the foliage removed.The applicanl shall be
responsible for the expense of the foliage removal and/or
replacement ord..-ed pursuanl to this subsection onIylo the
ex1ent of the lowest bid amount provided by COlJ!rllClOr.;
lioensed 10 do such work in the city of Rancho Palos
Verdes and seleeled by the applicant A1kr the iniliaI
trimming,culling,laciag or removal of the foliage,the
owner,at the owner's expense,shall be responsible for
maintaining the follage so that the view restoration re-
quired by the view restoration permit is main1ained.
e.To the _legally permisslble,trees or
foliage OIl prupCI1y owned by any governmental entity,
excepl the city and the Miraleste recreation and park dis-
tri~shall be subjecl to view restoration contrul,as perthe
provisions ofthis section;exeep~that the foliage shall be
241
17.02.040
trimmed or removed 1birty calendar days following issu-
BOoe of the DOIioe,Trees aodIor foliage located on city
prupCI1y,orin the public rigbt-of-way,ascle6ncdInOlap-
ter 17.96 (Dofinilions),aball be IlUbjeet 10 view res1oraIion
contrn~as per the provisions of this aeetion,~10
the city tree reviewpermil procedure oonlained in Sec1ioo
17.76.100 (City tree review pennlL)
f.The view ",",oration commission may
imp....such reasonable conditloos or restrictions on the
approval ofa view restoratioa permit as may be fOUlld 10
be appropriate or necessary 10 proleel the pobJic heaI!h,
safety or welfare orlbe foliage owner's reasonable eqjoy-
ment ofbis or her propCI1y.Such cooditions or n>striclions
may Inclnde,but an>DOl limited to:(I)requiriag the com-
plete ranoval ofthe subjee1 follaee.wen the commission
finds that the trimming,colling,lacing or reducing ofthai
foliage 10 aixleen teet or the ridge line Is llbly to kill the
foliage,threaIen the public health,safety and Wll1fare,or
will desltoy the aesthetic value ofthe foUaae that is 10 be
pruned or reduced In heigb~provided that tho property
owner coosetIl8 to the removal;and (2)n>quiring replace-
ment of such foliap .wen the commission finds 1ba1 ...
movaJ without """..,_willcaase aslgoificant lIdvase
impact uo:(a)thepoblic bea1lh,safety and woIfaze,(b)Ihe
privacy of tho pmper1y owner,(e)shade provided 10 the
dwelliag or the prupCI1y,(d)the eaergy-ellicieney ofthe
dwelling,(e)the health CO"\'iabUity ofthe n>malniog land-
scaping,CO"(1)the iDtqrity ofthe 10ndaaIpe pIao,provided
Iba1the prupCI1y to the replacemenL
g.The appJicaDt,the _ofthe property
where the foliage is loeaIed,or any other intlIrested person
may appeal the decision of the view reatoralion commis-
sion 10 the city couociJ by filiDg with the city clerk a .mt-
len D01ioe ofappea1,lnc1udlDg tho grouodsfor the appeal,
and any apeclfic acIioo beiog"'f ,q 1 by the appeI1In1,
tosether with tho appeal foe eslabJisbed by JeS01ullon of
the city council,within fifteen calendarclaya a11erthe view
restoratioo commission adopts the resolution selling forth
its decision.The deeisionofthe viewres1oralioncommls-
lion is final if 110 appeal is filed within fifteen ca1eodar
days.Ifsuch lDappeal is limeIy and prnpcriy liIed,a copy
of the findings ofthe viewrestoratioll eommi.......and aJI
materials on file with the director ahall be lrammitted 10
the oity council,whicb shan be part ofthe appeal heariag
record,logethor with the noll..of appeal and any other
.ml1en materials submitted by In~parties.Addi-
liODal written mataials aball be sobmiIled to the city cleIt
at least seven eaIeDdar cIaya prior 10 the date that the ap-
peal will be beard by the city counciJ.
Upoon>ceivingthe no1ioe ofap~the city clerl<shan
scbedulethe lDlltter for review at a forthcomiag meeting of
ATTACHMENT-66
17.02.040
the cily COUDcil At the cily council meeting,orB!testi-
mony IibaIJ be 1imited to five minutes In Ieagth for each of
Ibe parties whose properties are affected by the decisillD
and two minutes per penon for other individuals.0n01
testimony shall be limited to lbe issues roiJed in the Mil-
len appeal.At the conclusion ofthe on!pesen1Blion,the
city council may do one ofthe foUowiJIg:
i.Affirm the decision ofthe viewresto-
ration commission and approve the applicolion upon liDd-
ing that oIlepplicable findings have been conecdy made
and oil provisions of subsection (CX2)ofthis section are
complied with;
ii.Approve the applicolion but Impo.e
additional or different conditions as the city council deans
necessary 10 fulfill the purposes of subsectinn (CX2)of
this sectioa;
iii Disopprove the applicolinn..,fiDd-
ing lhaI a11epplicable findings ClIDIIOl be mode or oil pr0-
visIons ofsubsection (CX2)of this section have not been
complied with;or
iv.Ref...the lD8llcr back to the view
restoration commission to conduct IiII1her pnwMiog.
The mnanded 1""cceding.may incIudotheP""""""'im of
signifiCBDI new evidence wilich was ndsed In coqjunotIon
with the sppeaI.The clly COlDIcillibalJ _the ground(,)
for the ",man<!IIIId shall give lnslIuctionsto the view res-
tOl'1llion commission COIIICCtJIing lIlY enol'found by the
city council in the commission',prior cIelarmimotion.
h.If;ofI ...nioely cal00d0r doys,the foWoge
has DOl been removed or trimmed In accordmce with the
",~ments of.view restonllion at view presorvBlion
permi~the cily ofRancbo Palos Verdes wiD IlU1borim a
bondecIlree service to Irim,culI,lace orrcmove the idaIIi-
lied foliage •the 0_',cxpeose.In the evenllhalthe
cily is required to perfonn the work,the foliage _wiD
be billed for oil city expenses incurred in enforcing the
view restoration orpreoervation penni!(inc1udi.og __
able otlomey',fees).Ifthe property owner does not pay
the city for the amount set farth on the invoice,the city
may record •lien or assessment against the foliage
owner',property,pursuant to Chapter g.24 of this Code.
(Onl.442 §1,2006;On!.405 §§7-9,2004;Ord.400U
§§7-9,2004;On!.3g9 §5,2003;On!.316 §3,2003;
On!.355 §1,2000;On!.340 §1 (part),1991;On!.329U
§I,1997;Ord.319 §I,1997:Ord.291 §I,1994;On!.
262 §§2,3,1991;Proposition M,passed November 7,
1919:On!.194 §5 (part),1985;Ord.114 §I,1979:On!.
90 §I,1977;0nI.78 (part),1975)
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ATTACHMENT-67
View Restoration Permit Guidelines and Procedures
September 19,2006
a fine (established by Council Resolution)and the matter will be forwarded to the City
Attorney's office.Alternatively,if the foliage does not exceed the height limits
prescribed in the approved VRP,the City will impose a fine (established by Council
resolution)against the applicant.If City Staff determines that the foliage is in
compliance with the VRP,no further action will be taken in response to the complaint.
Unless specified in a Commission approved long-term maintenance schedule,a
property owner shall be limited to filing a complaint about foliage subject to an approved
VRP,without payment of a fee a maximum of once every twelve (12)months.If a
property owner wishes to file a complaint more frequently than once every twelve (12)
months,the property owner may do so upon payment of a fee established by City
Council Resolution.
2.If foliage not subject to the View Restoration Permit subsequently
grows into the VRP applicant's documented view,said new foliage shall be considered
significant view impairing foliage.Upon notification from a property owner that the new
foliage has grown into the documented view,Staff will visit the VRP applicant's property
to verify that the new view-impairing foliage is not in compliance with the foliage
conditions shown in the documented photo.If such a situation is found,then Staff shall
issue a written notice to the foliage owner informing him/her that Staff has verified that
the documented view is significantly impaired by foliage on the property.Such notice
shall require that the foliage owner trim or remove the offending foliage to the condition
shown in the documented view photograph on file with the City,within 30 days of
receiving such notice.
3.If the maintenance trimming described in Sections VIII-A2 and A3 is not
completed by the foliage owner as specified by City Staff,within the stipulated time
periods,then the City of Rancho Palos Verdes will utilize the City's code enforcement
process to authorize a bonded tree service to perform the work at the subject property
at the foliage owner's expense.In the event that the City is required to perform the
work,the foliage owner will be billed for all City expenses incurred in enforcing the View
Restoration permit.If the foliage owner does not pay the invoice,a lien or assessment
may be recorded against the foliage owner's property,pursuant to Title 8,Chapter 24 of
the Rancho Palos Verdes Municipal Code.
B.View Preservation In Absence of a View Restoration Permit
1.An owner of foliage is responsible for protecting any right he or she has
to exceed the foliage height limitations that went into effect on November 17,1989,by
submitting the appropriate documentation,which can include photographs.
2.The property owner wishing to protect his/her existing view is
responsible for submitting:1.)documentation of the view,as it existed on or after the
effective date of the Ordinance;and/or 2.)documentation of the view impairing foliage
as it existed on November 17,1989.Documentation shall consist of the submittal of a
"Documentation of Existing View or Foliage"Form (attached)accompanied by color or
black and white photographs,which clearly provide evidence that accurately depicts the
Page 24
ATTACHMENT-68
View Restoration Permit Guidelines and Procedures
September 19,2006
view and/or foliage as it existed from the property owner's viewing area on the date the
photograph was taken.The submitted documentation shall be verified by City Staff with
a visit to the view impaired site.If Staff is able to verify that the photographs accurately
depict the view from the property owner's viewing area,as defined in these GUidelines,
then the property owner's photographs will be incorporated into the City's files.If said
photographs do not accurately depict the view from the "viewing area",then Staff will
advise the property owner that the documentation has been rejected.Any verified
photographs will be kept on file in the Department of Planning,Building,and Code
Enforcement and shall be used as a bench mark in future view preservation
enforcement actions.
3.Once documentation of a view and/or foliage has been submitted to the
City and verified by City Staff,a property owner may file a Notice of Intent to File a View
Preservation Application requesting one of the following view preservation actions:
a.That foliage which exceeded the lesser of:a)the ridgeline of the
primary structure on the property;or 2)sixteen (16)feet,and significantly impaired the
view from a viewing area of a lot on November 17,1989 be trimmed to the height that
existed on November 17,1989,as shown in the submitted and verified documentation;
b.That foliage which has grown into a property owner's view,as
documented and verified by City Staff on or after the effective date of the ordinance
(November 17,1989),and significantly impairs the view from a viewing area of the lot,
be trimmed so as to eliminate the significant view impairment.
4.Upon receipt of a Notice of Intent to File a View Preservation
Application,Staff will visit the applicant's property to verify if there is a significant
impainment and to eliminate the need to proceed further in the process if there is no
significant view impainment.If a significant view impainment is found,then Staff shall
issue a written notice to the foliage owner informing him/her that Staff has verified that
the documented view is significantly impaired by foliage on the property,and such
notice shall request that the foliage owner trim or remove the offending foliage to the
condition shown in the provided documented view photograph within 30 days of
receiving such notice
a.If the foliage owner voluntarily perfonms the necessary work within
30 days of receiving notice,then no further penmit processing shall be required.
b.If no work is perfonmed within 30 days of receiving the notice,then
the applicant may file a formal application.Once a formal View Preservation Permit
application has been submitted,a Notice of the Director's Detenmination shall be issued
to the applicant and foliage owner(s)giving the foliage owner ninety (90)days to
perfonm the necessary work.
c.The Director may require that a long-term foliage maintenance
schedule be incorporated into the conditions of approval of an approved View
Page 25
ATTACHMENT-69
View Restoration Permit Guidelines and Procedures
September 19,2006
Preservation Permit.The purpose of the maintenance schedule is to dictate the
minimum frequency of future trimming (i.e.semi-annual,annual or biennial)based on
the growth rates of the subject foliage so as to not significantly impair a view.
Alternatively,the Director may specify the amount of allowable growth as measured with
respect to a fixed point of reference that will not significantly encroach into the view,and
require that when this point is reached,the foliage owner may be required to trim the
foliage back to the height established by the Director.In establishing the maintenance
schedule,the Director may take into account seasonal dormant periods of the subject
foliage,when trimming is least harmful to the foliage.
d.The Director's Detennination may be appealed to the Planning
Commission by the applicant,the foliage owner or any interested party by filing a written
appeal and submitting the appropriate fee,as established by City Council resolution,to
the City within fifteen (15)days of the receipt of the Director's Detennination Notice.
Prior to the public hearing,Commissioners shall conduct a site visit to the applicant's
property pursuant to Section IV (E)(5).Commissioners will also visit the foliage owner's
property if requested in Writing to do so by the foliage owner(s).The decision of the
Commission may be appealed to the City Council by the applicant,the foliage owner or
any interested party by filing a written appeal and submitting the appropriate fee,as
established by City Council resolution,to the City within fifteen (15)days of the
Commission's decision.
5.Once the appeal process has been exhausted,the City's View
Preservation Detennination Decision shall be final.If the City's final detennination is
that view preservation action is warranted on a particular property,the foliage owner
shall be responsible for trimming the foliage,at his/her expense,as so ordered by the
City.If the required work as specified herein is not completed,as verified by Staff,
within the stipulated time periods,then the City of Rancho Palos Verdes will utilize the
City's code enforcement process to authorize a bonded tree service to perfonn the work
at the subject property at the foliage owner's expense.In the event that the City is
required to perform the work,the foliage owner will be billed for all City expenses
incurred in enforcing the View Preservation permit.If the foliage owner does not pay
the invoice,a lien or assessment may be recorded against the foliage owner's property,
pursuant to Title 8,Chapter 24 of the Rancho Palos Verdes Municipal Code.
If the City's final determination in response to an application is that view
preservation action is not warranted on a particular property,no further action by the
foliage owner is necessary in response to the filed application.
6.Once the initial work associated with a formal View Preservation
decision is performed,Staff will document the applicant's view with photographs taken
from the applicant's viewing area with a standard camera lens that will not alter the
actual image that is being documented from the viewing area.The photographs will be
kept on file with the City and copies shall be given to all involved parties to use for future
trimming purposes.
Page 26
ATTACHMENT-70
View Restoration Permit Guidelines and Procedures
September 19,2006
7.The filing of an application by a property owner requesting a view
preservation action without payment of a fee shall be limited to a maximum of once
every twelve (12)months.If a property owner wishes to file an application more
frequently than once every twelve (12)months,the property owner may do so upon
payment of a fee established by City Council Resolution.
8.Upon receipt of a written complaint from a View Preservation Permit
(VPP)applicant or the subsequent owner of an applicant's property,that foliage has
exceeded the height limit imposed by a View Preservation Permit,City Staff shall visit
the site and examine the photographic documentation on file or other evidence to
determine whether the foliage has been maintained in a manner that is consistent with
the approved View Preservation Permit (VPP).If foliage,which is the subject of an
approved VPP,exceeds the height limits prescribed in the approved VPP,the City shall
order that the foliage owner bring the foliage into compliance within 30 days.If the
foliage owner does not comply within the specified time,the City will impose a fine
(established by Council Resolution)and the matter will be forwarded to the City
Attorney's office.Alternatively,if the foliage does not exceed the height limits
prescribed in the approved VPP,the City will impose a fine (established by Council
resolution)against the applicant.If City Staff determines that the foliage is in
compliance with the VPP,no further action will be taken in response to the complaint.
C.Review Criteria for View Preservation Applications in the Absence of a View
Restoration Permit
In order for a View Preservation Application to be approved,the Director of Planning,
Building and Code Enforcement must make the following five findings:
1.The applicant has complied with the early neighbor consultation
process and has shown proof of cooperation on his/her part to resolve conflicts.
a.Each applicant must provide evidence of early neighbor
consultation with each foliage owner,utilizing the process described below.
b.Evidence of adequate early neighbor consultation shall consist of
each applicant filing a "Notice of Intent to File a View Preservation Application"with the
City prior to the submittal of a formal View Preservation Application.Said notice shall
be on a form provided by the City and shall be signed by the owner of the applicant's
property.Each applicant shall indicate,by marking the appropriate box on the "Notice of
Intent to File a View Preservation Permit Application"that the applicant has made an
attempt to contact the foliage owner prior to submittal and shall submit written proof of
that attempt in the form of a copy of a registered letter and the return receipt.
(1).Upon receipt of a signed and complete Notice from an
applicant,the Director of Planning,Building and Code Enforcement shall provide written
notification to each foliage owner listed in the Notice,via certified mail,of the pending
application.The City's notification letter shall also request that each foliage owner trim
Page 27
ATTACHMENT-71
View Restoration Permit Guidelines and Procedures
September 19,2006
or remove the offending foliage to the height and condition shown in the provided
documented view photograph within 30 days of receiving such notice.
(2).Once an applicant submits a "Notice of Intent to File a View
Preservation Permit Application",and the City provides notification to a foliage owner of
the pending application,the early neighbor consultation process shall be deemed to be
terminated and the applicant(s)may immediately file a formal View Preservation
Application with the City if the foliage owner fails to voluntarily perform the work within
30 days of receiving written notice from the City.
(3).If an appeal hearing is necessary,the applicant may be asked
to explain his/her specific efforts to comply with the ordinance requirement for
attempting to resolve conflict.
2.Foliage exceeding sixteen (16)feet or the ridge line of the primary
structure,whichever is lower,significantly impairs a view from the applicant's
viewing area,whether such foliage is located totally on one property,or when
combined with foliage located on more than one property.
a.After the location of the "viewing area"on the applicant's property is
determined,the Director must find whether foliage,which exceeds the lower of sixteen
feet or the ridge line of the primary structure,significantly impairs a view from the
"viewing area".
b.To determine which of the two measurements referenced in the
paragraph above is the lowest,the sixteen (16)foot height measurement shall be
measured from the base of the plant or tree (where it emerges from the ground).
c.For structures with mUltiple roofline heights that would block the
view if the foliage were not present,foliage on the property shall be lowered to the
roofline of that portion of the structure that otherwise would block the view.Where a
structure with multiple roofline heights does not otherwise block a view,foliage on the
property shall be trimmed to the applicable height limit set forth in this paragraph 2.
d.Section 17.76.030 of the City's Development Code limits the height
of hedges.A "hedge"is defined by the Code as "shrubbery or trees planted and
maintained in such a manner as to create a physical barrier."A hedge can be included
in a View Preservation Permit application,if the top of the hedge exceeds sixteen feet in
height or the ridge line of the primary structure,whichever measurement is lower.In
such cases,the Director may require a hedge to be trimmed to the lesser of sixteen (16)
feet or the ridge line of the primary structure,if necessary to restore the view.However,
if the top of the hedge is below sixteen feet or the ridge line of the primary structure,
whichever measurement is lower,these cases shall be referred to the City's Code
Enforcement Division for resolution.Foliage which is determined by the Los Angeles
County Fire Department to be a fire hazard also shall be referred to the City's Code
Enforcement Division for immediate resolution.
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ATTACHMENT-72
View Restoration Permit Guidelines and Procedures
September 19,2006
e.The Director shall only take action on foliage which significantly
impairs a view from the applicant's viewing area.Foliage which does not significantly
impair a view may remain in the applicant's view frame.The following criteria may be
used to help determine whether a view is being "significantly"impaired by foliage:
(1).Foliage Position Within the View Frame.Foliage that is
located in the center of a view frame is more likely to be found to create a significant
view impairment than foliage located on the outer edge of a view frame.
(2).Single-component View vs.Multi-component View.Some view
frames contain a combination of different view components,such as a view of the
ocean,harbor and City lights (multi-component view);while some view frames consist
entirely of one component,such as only a view of the ocean (single-component view).
Foliage that entirely obscures one of the components of a "multi-component"view is
more likely to be found to create a significant view impairment than foliage that impairs
the same degree of view of a "single-component"view (see attached diagram).
(3).Prominent Landmarks.Greater weight should be given to
prominent landmarks or other significant features in the view frame such as the Vincent
Thomas Bridge,harbor,shoreline,distant mountain areas,city skylines,and Channel
Islands.As a result,foliage which impairs a view of any of these landmarks is more
likely to be found to create a significant view impairment.
3."The foliage to be removed is located on property,any part of
which is less than one thousand (1,000)feet from the applicant's property line."
Staff from the Department of Planning,Building and Code Enforcement
will determine the distance from the applicant's property line to the nearest property line
of the site containing the foliage under consideration.
4.The foliage significantly impairing the view did not exist as view
impairing vegetation in November 1989 or thereafter.
5.Removal or trimming of the foliage will not cause an unreasonable
infringement of the privacy of the occupants of the property upon which the
foliage is located."
a.The burden of proving an "unreasonable infringement of indoor
and/or outdoor privacy"shall be on the foliage owner.The Director will make a
determination on a case-by-case basis.
b.Given the variety and number of options which are available to
preserve indoor privacy,greater weight generally will be given to protecting outdoor
privacy than to protecting indoor privacy.
Page 29
ATTACHMENT-73
CnYOF
PLANNING,BUll DINe,&CODE ENFORCFMFNl
October 27,2009
NOTICE OF RECEIPT OF
VIEW PRESERVATION APPLICATION NO.2009-00037
Please be advised that the City of Rancho Palos Verdes has received a Notice of Intent to File a
View Preservation Permit application from Mr.Robert Hollingsworth,property owner located at
3648 Vigilance Drive,in order to preserve a view that is significantly impaired by foliage on your
property located at 3527 Heroic Drive,Rancho Palos Verdes,Prior to proceeding with the
application and pursuant to the City's View Restoration and Preservation Guidelines (see
attached excerpted Section VIII-B)the City is required to provide a written notice to you that City
Staff has verified that the applicant's documented view of the ocean and Catalina Island (see
attached photographs dated in 1998)is significantly impaired by a Eucalyptus tree,which is
located on your property,in the rear yard next to the side property line.(See aerial map,)In
addition,the purpose of this notice is to give you the opportunity to voluntarily trim your view-
impairing Eucalyptus tree to the height levels shown in the photo taken on March 6,1998 (see
attached)within 30 days of receiving such notice in order to avoid any pending formal City
action,
If City Staff verifies that the tree trimming work is not performed within the 3D-day deadline (on
or by Monday.November 3D,2009),then the applicants may proceed with the submittal of a
formal View Preservation Permit application,Should a formal View Preservation Permit
application be submitted,a Notice of the Director's Determination will be issued and such notice
shall require you to perform the necessary work within a 90-day period and on an maintenance
trimming cycle to be determined by the Director of Planning,Building and Code Enforcement.
Conversely,should you voluntarily perform the tree trimming work within 30 days,no further
City involvement will be necessary.Should you decide to trim the view-impairing trees located
on your property,it is advised that you trim annually in order to prevent future view impairment.
If you have any questions regarding this notice,please contact me at (310)544-5228 or by
email atamyl@rpv.com.
Si~
Amy Trester
Associate Planner
Enc:Existing foliage height conditions (August 6,2009)
Documented view photograph (1998)
2009 photograph overlapped with 1998 photograph to show tree trimming levels
Aerial Map
Copy of Notice of Intent to File a View Preservation Permit application
Excerpted Section VIII-B of the View Restoration and Preservation Guidelines
Page 1 of 5
30940 HA'WTHORNF BLVD I RA"CHO PAlOS VERDES.CA 90275 5391
PLANNINC/CODE ENFORCEMENT (310)544.5228 I BUIlDING (310)265-7800 /DEPT fAX (310)51,.'1 5293 I (-·MAIl PIAN\lINC@RPV COM
ATTACHMENT-74
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1998 Eucalyptus tree level
Please trim to this dashed yellow line level
."
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CITVOF
IDate Filed:I g~(5C[l
Application No.\lei ~
RANCHO R\LOS VERDES
PlANNING,BUI..JJI'G,&COOE ENFORCEJ'iEJ'IT
PURPOSE:
NOTICE OF INTENT TO FILE
VIEW RESTORATION
.OR
VIEW PRESERVATION
RECEIVED
AUG 05 2009
PV.NNiHG.BUIlDING AND
COD,ENFORCl'M1'NT
View Restoration-To restore views,which are significantly impaired by foliage on private
property.
/View Preservatlon-To preserve views,which existed in November 1989,or any time
thereafter,and have since become significantly impaired.
Prior to filing this form,all prospective applicants shall first contact the foliage owner(s)to
attempt to resolve the view Impairment issue.Proof of this attempt in the form of a copy of the
registered letter and retum receipt sent to the foliage owner must be attached to this application.
If no resolution is reached,then prospective applicants may complete and submtt this form to
the City.
If the application if for View Restoration,then upon receipt of this completed form,a Staff
member will schedule a pre-application meeting wtth all of the applicants and foliage owners
involved and wtth one View Restoration Mediator.The purpose of the p-e-applicatlon meeting is
to discuss the City's view restoration process wtth all of the property owners Involved and to
attempt to resolve the view Impairment Issues In order to avoid the filing of a formal application.
If the foliage owner(s)fall to attend a pre-application meeting wtthin 60 days of the date that this
form is filed,or if no agreement is reached,then the earty neighbor consuttation process shall
be deemed complete and a formal application may be submitted.
Subsequent to Staff verification of an applicant's documentation of view photograph,VieW
Preservation applications require a site vlstt by Ctty Staff to verify that a significant view
impairment exists.If the subject foUage significantly impairs the view as verified by Ctty Staff,
then Staff shall contact the foliage owner requesting that the foliage trimming/removal be
performed In a voluntary manner.If the foliage owner(s)does not voluntarily perform the worK,
then the early neighbor consuttation process shall be deemed complete and a formal application
may be subm itted.
Please indicate the type of application you are filing by checking the appropriate box below:
VIEW RESTORATION PERMIT (VRP)
VIEW PRESERVATION PERMIT (ViPP)
30940 I-lA\VTliORNE BLVD I RANcHo FN..os VERDEs.CA 90275-5391
PlN'NrG'CCOE Ett='ORCE"1ENT (310)544-S228/8Ll..DNG (310)541-7702 I DEPT FAX (310)544-5293/E-MAl PI.ANNn3@RPV.COM
ATTACHMENT-79
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The fDliage Dwner(s)will be given 10 business days tD choose from Dne Df the meeting dates
and times indicated abDve.Upon selection of a date by the fDliage owners,a five-day notice of
the pre-applicaliDn meeting date and time will be given tD all parties invDlved.
FOLIAGE OWNER(S)INFORMATION
Foliage Owner No.1
Name:ItA ~>1'--1<-(f)VG"&6L.
Address:35'7-7 tf..:J?o(c.1)1(.!f!taV 01 96'2.75
Telephone:U /OJ '-'U r c;7)(home)(wDrk)
Foliage Owner No.2
Name:_
Address:.
TelephDne:(home)_
Pleese attech additional sheets tor more foliage owners
(work)
Please describe each applicant's view,viewing area,and indicate the location,type and
approximate height Df the foliage that creates significant view impairment.
APPLICANT VIEWING AREA'VIEW*"
No.NAME
1 !Iot-ut..;6 J ~p/,v'l/Vrr'f'
I',r,rlf)/VE"f7 lP U VI/ol (,~'1 ~'"c..ff'7,y-t.,-,vA
2
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4
'The viewing area is limited to the primary living areas on the main floor of the residence or,if
no view is from within the primary structure.to gathering areas outdoors generally within 10 feet
of the residence,exclUding those areas within the required setbacks.
"Protected views are "far views"which include views of the ocean.offshore islands,the los
Angeles basin,city lights,harbor,shoreline,and prominent landmarks and "near views'which
include scenes located on the peninsula induding a valley,raVine,equestrian trail,pastDral
environment or any natural setting.Views of vacant developable land,distant mountains nDt
normally visible and the sky are nDt protected.
ATTACHMENT-81
Approximate height as measured from the base of the tree
FOLIAGE OWNER NO.1
Name:j/4 L.It L /<:'.(MM:L
Address:'3 >2-7 M-7?otC-N<..&JqV C-?f-",oz.:?r
FOLIAGE TYPE HEIGHT'APPLICANTS AFFECTED
El/C+l-A-L C<P"Tt/J ~£fa -50 Fr':CS7.h'MC-?-//f/6--<~w
•
FOLIAGE OWNER NO.2
Name:
Address:
FOLIAGE TYPE HEIGHT"APPLICANTS AFFECTED
Applicant No.1 Signature Date
Applicant No.2 Signature Date
Pursuant to the View Restoration and Preservation Guidelines,applicant(s)must show
proof of contact with the foliage owner(s)prior to submittal of this application.
I/We have made an attempt to contact the foliage owner(s)prior to the submittal of this
application and have attached a copy of the registered letter and return receipt sent to
the foliage owner.
YESo
ATTACHMENT-82
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1.Article Adtn8Md to:
o Agont
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If YES,enter dtIIIYlIrY addr8u below:
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5
View Restoration Penn it Guidelines and Procedures
September 19,2006
a fine (established by Council Resolution)and the matter will be forwarded to the City
Attorney's office.Alternatively,if the foliage does not exceed the height limits
prescribed in the approved VRP,the City will impose a fine (established by Council
resolution)against the applicant.If City Staff determines that the foliage is in
compliance with the VRP,no further action will be taken in response to the complaint.
Unless specified in a Commission approved long-term maintenance schedule,a
property owner shall be limited to filing a complaint about foliage SUbject to an approved
VRP,without payment of a fee a maximum of once every twelve (12)months.If a
property owner wishes to file a complaint more frequently than once every twelve (12)
months,the property owner may do so upon payment of a fee established by City
Council Resolution.
2.If foliage not subject to the View Restoration Permit SUbsequently
grows into the VRP applicant's documented view,said new foliage shall be considered
significant view impairing foliage.Upon notification from a property owner that the new
foliage has grown into the documented view,Staff will visit the VRP applicant's property
to verify that the new view-impairing foliage is not in compliance with the foliage
conditions shown in the documented photo.If such a situation is found,then Staff shall
issue a written notice to the foliage owner informing him/her that Staff has verified that
the documented view is significantly impaired by foliage on the property.Such notice
shall reqUire that the foliage owner trim or remove the offending foliage to the condition
shown in the documented view photograph on file with the City,within 30 days of
receiving such notice.
3.If the maintenance trimming described in Sections VIII-A2 and A3 is not
completed by the foliage owner as specified by City Staff,within the stipUlated time
periods,then the City of Rancho Palos Verdes will utilize the City's code enforcement
process to authorize a bonded tree service to perform ·the work at the SUbject property
at the foliage owner's expense.In the event that the City is required to perform the
work,the foliage owner will be billed for all City expenses incurred in enforcing the View
Restoration permit.If the foliage owner does not pay the invoice,a lien or assessment
may be recorded against the foliage owner's property,pursuant to Title 8,Chapter 24 of
the Rancho Palos Verdes Municipal Code.
B.View Preservation In Absence of a View Restoration Permit
1.An owner of foliage is responsible for protecting any right he or she has
to exceed the foliage height limitations that went into effect on November 17,1989,by
submitting the appropriate documentation,which can include photographs.
2.The property owner wishing to protect his/her existing view is
responsible for submitting:1.)documentation of the view,as it existed on or after the
effective date of the Ordinance;and/or 2.)documentation of the view impairing foliage
as it existed on November 17,1989.Documentation shall consist of the submittal of a
"Documentation of Existing View or Foliage"Form (attached)accompanied by color or
black and white photographs,which clearly provide evidence that accurately depicts the
Page 24
ATTACHMENT-86
View Restoration Permit GUidelines and Procedures
September 19,2006
view and/or foliage as it existed from the property owner's viewing area on the date the
photograph was taken.The submitted documentation shall be verified by City Staff with
a visit to the view impaired site.If Staff is able to verify that the photographs accurately
depict the view from the property owner's viewing area,as defined in these GUidelines,
then the property owner's photographs will be incorporated into the City's files.If said
photographs do not accurately depict the view from the "viewing area",then Staff will
advise the property owner that the documentation has been rejected.Any verified
photographs will be kept on file in the Department of Planning,Building,and Code
Enforcement and shall be used as a bench mark in future view preservation
enforcement actions.
3.Once documentation of a view and/or foliage has been submitted to the
City and verified by City Staff,a property owner may file a Notice of Intent to File a View
Preservation Application requesting one of the folloWing view preservation actions:
a.fhat foliage which exceeded the lesser of:a)the ridgeline of the
primary structure on the property;or 2)sixteen (16)feet,and significantly impaired the
view from a viewing area of a lot on November 17,1989 be trimmed to the height that
existed on November 17,1989,as shown in the submitted and verified documentation;
b.That foliage which has grown into a property owner's view,as
documented and verified by City Staff on or after the effective date of the ordinance
(November 17,1989),and significantly impairs the view from a viewing area of the lot,
be trimmed so as to eliminate the significant view impairment.
4.Upon receipt of a Notice of Intent to File a View Preservation
Application,Staff will visit the applicant's property to verify if there is a significant
impairment and to eliminate the need to proceed further in the process if there is no
significant view impairment.If a significant view impairment is found,then Staff shall
issue a written notice to the foliage owner informing him/her that Staff has verified that
the documented view is significantly impaired by foliage on the property,and such
notice shall request that the foliage owner trim or remove the offending foliage to the
condition shown in the provided documented view photograph within 30 days of
receiving such notice
a.If the foliage owner voluntarily performs the necessary work within
30 days of receiving notice,then no further permit processing shall be required.
b.If no work is performed within 30 days of receiving the notice,then
the applicant may file a formal application.Once a formal View Preservation Permit
application has been submitted,a Notice of the Director's Determination shall be issued
to the applicant and foliage owner(s)giving the foliage owner ninety (90)days to
perform the necessary work.
c.The Director may require that a long-term foliage maintenance
schedule be incorporated into the conditions of approval of an approved View
Page 25
ATTACHMENT-87
View Restoration Permit Guidelines and Procedures
September 19,2006
Preservation Permit.The purpose of the maintenance schedule is to dictate the
minimum frequency of future trimming (I.e.semi-annual,annual or biennial)based on
the growth rates of the subject foliage so as to not significantly impair a view.
Alternatively,the Director may specify the amount of allowable growth as measured with
respect to a fixed point of reference that will not significantly encroach into the view,and
require that when this point is reached,the foliage owner may be required to trim the
foliage back to the height established by the Director.In establishing the maintenance
schedule,the Director may take into account seasonal dormant periods of the SUbject
foliage,when trimming is least harmful to the foliage.
d.The Director's Determination may be appealed to the Planning
Commission by the applicant,the foliage owner or any interested party by filing a written
appeal and submitting the appropriate fee,as established by City Council resolution,to
the City within fifteen (15)days of the receipt of the Director's Determination Notice.
Prior to the public hearing,Commissioners shall conduct a site visit to the applicant's
property pursuant to Section IV (E)(5).Commissioners will also visit the foliage owner's
property if requested in writing to do so by the foliage owner(s).The decision of the
Commission may be appealed to the City Council by the applicant,the foliage owner or
any interested party by filing a written appeal and submitting the appropriate fee,as
established by City Council resolution,to the City within fifteen (15)days of the
Commission's decision.
5.Once the appeal process has been exhausted,the City's View
Preservation Determination Decision shall be final.If the City's final determination is
that view preservation action is warranted on a particular property,the foliage owner
shall be responsible for trimming the foliage,at his/her expense,as so ordered by the
City.If the required work as specified herein is not completed,as verified by Staff,
within the stipUlated time periods,then the City of Rancho Palos Verdes will utilize the
City's code enforcement process to authorize a bonded tree service to perform the work
at the subject property at the foliage owner's expense.In the event that the City is
required to perform the work,the foliage owner will be billed for all City expenses
incurred in enforcing the View Preservation permit.If the foliage owner does not pay
the invoice,a lien or assessment may be recorded against the foliage owner's property,
pursuant to Title 8,Chapter 24 of the Rancho Palos Verdes Municipal Code.
If the City's final determination in response to an application is that view
preservation action is not warranted on a particular property,no further action by the
foliage owner is necessary in response to the filed application.
6.Once the initial work associated with a formal View Preservation
decision is performed,Staff will document the applicant's view with photographs taken
from the applicant's viewing area with a standard camera lens that will not alter the
actual image that is being documented from the viewing area.The photographs will be
kept on file with the City and copies shall be given to all involved parties to use for future
trimming purposes.
Page 26
ATTACHMENT-88
View Restoration Permit Guidelines and Procedures
September 19,2006
7.The filing of an application by a property owner requesting a view
preservation action without payment of a fee shall be limited to a maximum of once
every twelve (12)months.If a property owner wishes to file an application more
frequently than once every twelve (12)months,the property owner may do so upon
payment of a fee established by City Council Resolution.
8.Upon receipt of a written complaint from a View Preservation Permit
(VPP)applicant or the subsequent owner of an applicant's property,that foliage has
exceeded the height limit imposed by a View Preservation Permit,City Staff shall visit
the site and examine the photographic documentation on file or other evidence to
determine whether the foliage has been maintained in a manner that is consistent with
the approved View Preservation Permit (VPP).If foliage,which is the subject of an
approved VPP,exceeds the height limits prescribed in the approved VPP,the City shall
order that the foliage owner bring the foliage into compliance within 30 days.If the
foliage owner does not comply within the specified time,the City will impose a fine
(established by Council Resolution)and the matter will be forwarded to the City
Attorney's office.Alternatively,if the foliage does not exceed the height limits
prescribed in the approved VPP,the City will impose a fine (established by Council
resolution)against the applicant.If City Staff determines that the foliage is in
compliance with the VPP,no further action will be taken in response to the complaint.
C.Review Criteria for View Preservation Applications in the Absence of a View
Restoration Permit
In order for a View Preservation Application to be approved,the Director of Planning,
Building and Code Enforcement must make the following five findings:
1.The applicant has complied with the early neighbor consultation
process and has shown proof of cooperation on his/her part to resolve conflicts.
a.Each applicant must provide evidence of early neighbor
consultation with each foliage owner,utilizing the process described below.
b.Evidence of adequate early neighbor consultation shall consist of
each applicant filing a "Notice of Intent to File a View Preservation Application"with the
City prior to the submittal of a formal View Preservation Application.Said notice shall
be on a form provided by the City and shall be signed by the owner of the applicant's
property.Each applicant shall indicate,by marking the appropriate box on the "Notice of
Intent to File a View Preservation Permit Application"that the applicant has made an
attempt to contact the foliage owner prior to submittal and shall submit written proof of
that attempt in the form of a copy of a registered letter and the return receipt.
(1).Upon receipt of a signed and complete Notice from an
applicant,the Director of Planning,Building and Code Enforcement shall provide written
notification to each foliage owner listed in the Notice,via certified mail,of the pending
application.The City's notification letter shall also request that each foliage owner trim
Page 27
ATTACHMENT-89
Exhibit K
October 3,2011 and November 8,2011 letters to Ms.
Buegel
ATTACHMENT-90
CITVOF
October 3,2011
Mrs.Valsiliki Buegel
3527 Heroic Drive
Rancho Palos Verdes.CA 90275
RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
Re:Maintenance Trimming for View Preservation Permit (VPP2009-D0037)
Dear Mrs.Valsiliki:
Per a request from your neighbor that foliage has grown into their view.City Staff visited
your neighbor's property in on September 28.2011.The trimming that you completed
in 2010 per the Notice of Decision (NOD)for View Preservation Permit (VPP)2009-
00037 (attached)was greatly appreciated,but it appears that the eucalyptus tree has
grown to again impair the view and requires trimming in order to comply with the
maintenance provisions of VPP2009-00037.Pursuant to the NOD,you are required to
trim the eucalyptus tree on your property on an annual basis.
Please also note that since the trimming was completed in 2010,another nearby
eucalyptus tree has grown into the protected view.Please see the attached photos that
show the original and new eucalyptus trees that require trimming at this time.Please
complete the trimming work on the eucalyptus trees on your property within 30 days
from the date of this notice,or by Wednesday,November 2,2011.The City thanks
you in advance for your cooperation.
Sincerely,
?~
Associate Planner
CC:File
End:Site visit photos dated 9128111
Trimming Diagram
NOD dated January 26,2010
30940 HAWTHORNE BLVD./RANCHO Fl\LDS VERDES,CA 90275-5391
PLMNIN(;&CODE ENFORC[MENT OIIl1SIOO 1310)544-5228/BUILDING &SAFETY OIIl1SION (3101265-7800 /DEPT FAX 13101 544-5293
E-MAIL PLANNING@RPV.COI.·I/WWWPALOSVEROESCOMiRPV
ATTACHMENT-91
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Mrs.Valsiliki Buegel
October 3,2011
Page 3 of4
Site visit photo taken September 28,2011 showing both trees to be trimmed
Originally-trimmed
Eucalyptus tree
New Eucalyptus tree
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Mrs.Valsiliki Buegel
October 3,2011
Page 40f4
Trimmina Diagram-Site visit photo dated 9/28/11 overlaid with view preservation photo--------L·.
Current tree level
1998 Eucalyptus tree level
Trim to this dashed yellow line shape
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CITVOF
November 8,2011
Ms.Valsiliki Buegel
3527 Heroic Drive
Rancho Palos Verdes,CA 90275
RANCHO PALOS VERDES
COi'1MLt1ITY DEVELOPfvENT DEPARTMENT
Subject:Maintenance Trimming for View Preservation Permit No.2009-00037
Dear Ms.Buegel:
On October 3,2011,City Staff sent you a notice stating that annual maintenance
trimming was due for View Preservation Permit No.2009-00037.This notice stated that
eucalyptus tree in your rear/side yard has grown to again significantly impair the view
from the applicant's property at 3648 Vigilance Drive,and requested that you trim the
tree within 30 days.Staff also requested that you trim another eucalyptus tree that has
grown into the protected view.Staff visited the applicant's property on November 8,
2011 and verified that the required maintenance trimming has not yet been completed.
Accordingly,please trim the two (2)eucalyptus trees per the attached photos and
trimming diagram within 15 days from the date of this letter,or by Wednesday,
November 23,2011.
If the trimming is not completed on or by this date,Staff will be required to forward the
case to the City Attorney's office for compliance.Note that should it be necessary that
the City Attorney's office obtain a court order enabling the City's contract tree trimming
crew to perform the necessary work on your property,pursuant to Section 8.24.090(c)
of the RPV Municipal Code you will be billed for all City's expenses incurred in bringing
your property to compliance.Such expenses include,but are not limited to:City Staff
time,any City Attorney expenses,and contract tree trimming crew rental.
S~;:;;~
A:~r:~r .
Associate Planner
Enclosures:
CC:
Site visit photos dated November 8,2011
Trimming Diagram
Leller dated October 3,2011
Mr.Robert Hollingsworth.3648 Vigilance Drive
Greg Pfost.Deputy Community Development Director
File
30940 HAWTHURNE lllVD II-iANCHU PALOS VERDES.CA 90275·5391
I l {I\Ni'll'j(;&(:(U FNJ"nf.!{:[Ml Nr f1IVISK IN (3101 ~44'S2281 RIll!DlN<";&SAFFTY OIVlSKJN (310)265·7800 I I)('[>T FAX (31C1)~44'5293
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ATTACHMENT-95
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ATTACHMENT-96
Ms.Valsiliki Buegel
November 8,2011
Page 3 of 4
Site visit photo taken November 8,2011 showing both trees to be trimmed---.,._-_~.-~--
New Eucalyptus tree
Originally-trimmed
Eucalyptus tree
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Ms.Valsiliki Buegei
November 8,2011
Page 4 of 4
~•Trimmina Diaaram·Site visit photo dated 11/8/11 overlaid with view preservation photo
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1998 Eucalyptus tree level
Trim to this dashed yellow line shape
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Exhibit L
Correspondence
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~r1:II (h yJ AUG 13 2012
COMMUNITY DEVELOPMENT
DEPARTMENT
902-?5539199 II,I••11 ..",I.11,.,',1.1 ..1,I",II,I,I"",11/,I"I,'",.,'/I
ATTACHMENT-105
ATTACHMENT-106
ATTACHMENT-107
ATTACHMENT-108
ATTACHMENT-109
ATTACHMENT-110
ATTACHMENT-111
Exhibit M
Photos from March 21,2012 Abatement
ATTACHMENT-112
Exhibit M-Photo of West Side of Dwelling at 3527 Heroic Drive on date of abatement·March 21,
2012
ATTACHMENT-113
Exhibit M-Photo of Front (South Side)of Dwelling at 3527 Heroic Drive on date of abatement·March 21,2012
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