RPVCCA_CC_SR_2011_08_02_02_Nuisance_Abatement_28428_Cayuse_LaneDate:
Subject:
PUBLIC HEARING
August 2,2011
Continuance of Public Hearing to Impose a Special Assessment for
Nuisance Abatement Costs at 28428 Cayuse Lane
Subject Property:28428 Cayuse Lane
1.Declare the Hearing Open:Mayor Long
2.Report of Notice Given:City Clerk Morreale
3.Staff Report &Recommendation:Associate Planner Trester
4.Public Testimony:
Appellant:N/A
Applicant:City of Rancho Palos Verdes
5.Council Questions:
6.Rebuttal:N/A
7.Declare Hearing Closed:Mayor Long
8.Council Deliberation:
9.Council Action:
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MEMORANDUM
CITYOF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY DEVELOPMENT DIRECTO~'t~
AUGUST 2,2011 \Y
CONTINUANCE OF PUBLIC HEARING TO IMPOSE A SPECIAL
ASSESSMENT FOR NUISANCE ABATEMENT COSTS AT 28428
CAYUSE LANE
CAROLYN LEHR,CITY MANAGER c£L-
Staff Coordinator:Amy Trester,Associate Planner ro
RECOMMENDATION
Open the public hearing and make a motion to continue the public hearing to the August 16th
City Council meeting.
DISCUSSION
On February 4,2011,the City of Rancho Palos Verdes completed tree trimming work pursuant
to the court ordered "WARRANT TO ENTER ON AND ABATE A PUBLIC NUISANCE AT 28428
CAYUSE LANE",Pursuant to RPVMC Section 17.02.040(C)(2)(h),Title 8,Chapter 8.24 of the
Rancho Palos Verdes Municipal Code (RPVMC)and Section VI.J of the View Restoration and
Preservation Guidelines,delinquent payments may be collected by the City in an effort to
recover all expenses incurred in a nuisance abatement procedure.Specifically,RPVMC Section
8.24.150 authorizes the City to levy and collect delinquent payments plus interest as a Special
Assessment lien against real property.With respect to the real property located at 28428
Cayuse Lane,owned by Mr.Patrick Parsons at the time of the abatement,the City incurred
specific costs in bringing said property to compliance with the decision for View Restoration
Permit No.2009-00017.After bringing the property to compliance,Staff made repeated
attempts (without success)to contact the property owner to recover City incurred expenses
which total $8,380.64.
Since Mr.Parsons had not contacted City Staff nor submitted payment for the amount due,Staff
initiated proceedings for a Special Assessment lien against the property to recover the full costs
of the abatement work pursuant to (RPVMC)Sections 8.24.150 and 17.02.040 (C)(2)(h).
Before recordation of a lien on real property,the City Council is required to confirm the special
assessment by holding a public hearing.Accordingly,the property owner of 28428 Cayuse
Lane was notified in writing that a public hearing was to be considered and that the opportunity
to make any objections or protests to the assessed costs could be given during the public
30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391
PLANNING &CODE ENFORCEMENT DIVISION (310)544-5228/BUILDING &SAFETY DIVISION (310)265-7800/DEPT FAX (310)544-5293
E-MAIL:PLANNING@RPVCOM /WWW.PALOSVERDES.COM/RPV
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hearing.
However,after notice of the public hearing was published in the Palos Verdes Peninsula News
as well as mailed via certified mail and regular mail to the property owner,View Restoration
Staff learned that through a recent foreclosure,Mr.Patrick Parsons was no longer the owner of
the property at 28428 Cayuse Lane.Staff learned that ownership of the property had reverted
back to the lender,Suntrust Bank,and that the property was currently for sale.Because of this
transfer of ownership,Staff was required to restart the Special Assessment lien process,which
required another report detailing the accounting of abatement costs to be mailed to the new
owner.
Staff also sent a courtesy copy of the abatement cost recovery letter to the real estate agents
selling the property at 28428 Cayuse Lane,and has recently been contacted by these agents
working on behalf of Suntrust Bank.Staff is now attempting to work with Suntrust Bank to
recover all expenses incurred in the nuisance abatement procedure.
Staff recommends that the lien proceedings that were scheduled to be discussed this evening
be continued until August 16,2011 to give Suntrust Bank the opportunity to select one of the
following options regarding payment of the expenses incurred in the nuisance abatement
procedure:
a)Immediately pay all fees and expenses incurred by the City,including City Attorney fees,
City Staff fees,and the fees associated with the tree trimming crew rental,totaling
$8,380.64.
b)Commit to the City a date by which Suntrust bank will pay the fees incurred in the
nuisance abatement procedure.If the fees are not paid by that date,the City will hold
the public hearing to impose the special assessment lien on the property.
c)Provide the City with a copy of escrow instructions demonstrating that the City will be
paid out of escrow and the date that escrow is expected to close.If the fees are not paid
by the expected date of escrow closure,the City will hold the public hearing to impose
the special assessment lien on the property.
If the City is able to recover all expenses from Suntrust Bank,the recording of a Special
Assessment lien on the property located at 28428 Cayuse Lane will not be required.On the
other hand,if Staff is not able to recover all expenses from Suntrust Bank,then the City Council
should proceed to hold the public hearing for the special assessment lien on August 16,2011.
The City Council may also choose to continue the August 16,2011 public hearing to the next
available meeting date if necessary.
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