CC RES 2019-063 RESOLUTION NO. 2019-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS AND
AUTHORIZING A LIEN FOR RECOVERING NUISANCE ABATEMENT COSTS TO BE
PLACED ON THE SUBJECT PROPERTY LOCATED AT 4405 MIRALESTE DRIVE
(APN 7561-024-002)
WHEREAS, in June 2018, City Staff notified the owner of the property located at
4405 Miraleste Drive that the overgrown and dead palm fronds located on the property
were a violation of the Rancho Palos Verdes Municipal Code ("RPVMC"); and,
WHEREAS, Staff sent multiple notices to comply with the RPVMC to the property
owner in June, July and September 2018, and a violation letter was sent to the property
owner from the City Attorney's Office in November 2018; and,
WHEREAS, Staff and the City Attorney's Office made repeated unsuccessful
attempts to gain compliance through contact with the property owner of records; and,
WHEREAS, the City determined that the inadequately maintained landscaping
visible from the public right-of-way or adjoining property, which shall include, trees,
hedges, plans or other vegetation which are dead, decayed, diseased or infest with
ii
il insects, constitutes a prohibited activity, unlawful conduct and a public nuisance, pursuant
to RPVMC Sections 8.24.060 and 8.24.070; and,
WHEREAS, California Government Code Section 38773 and 38773.5 and Chapter
8.24 of the RPVMC authorizes the City Council to assess all costs incurred for abatement
of violations which constitute a public nuisance as a lien against said property; and,
WHEREAS, pursuant to RPVMC Section 8.24.110, the Code Enforcement Officer
has prepared an itemized report of the costs incurred during the abatement of the violation
of the above referenced site, including pursuit and legal action, which is attached hereto
as Attachment "A"; and,
WHEREAS, on November 19, 2019, pursuant to RPVMC Section 8.24.120, the
City Council held a properly noticed hearing regarding the assessment of the abatement
cost, 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: The City Council finds that the costs incurred by the City to abate the
nuisance at the above referenced site are reasonable and correct, and hereby confirms
the Code Enforcement Officer's Itemized Account of Nuisance Abatement Costs,
attached hereto as Attachment "A."
01203 0011/610366 1 Resolution No 2019-63
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Section 2: The City Council hereby directs Staff to submit to the Los Angeles
County Auditor/Controller for collection in the next applicable tax roll year the confirmed
Nuisance Abatement Costs in the amount of $4,482.06 for the property located at 4405
Miraleste Drive, Rancho Palos Verdes (APN 7561-024-002). The City Council further
directs the City Attorney and the Finance Director to prepare and cause to be recorded in
the Office of the Los Angeles County Recorder appropriate notices of liens which
document the amount of Nuisance Abatement Costs assessed against the subject
property.
Section 3: Interested parties are hereby notified that the time within which
judicial review of this decision must be sought, if available, is governed by Section 1094.6
of the California Code of Civil Procedure.
PASSED, APPROVED, and ADOPTED this 19th day of November 2019.
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Emil. Col torn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2019-63 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on Nove lir 19, 2019.
411110
%V born, City Clerk
01203 0011/610366 1 Resolution No. 2019-63
Page 2 of'2
Attachment "A"
Resolution No. 2019-63
ITEMIZED ACCOUNT OF NUISANCE ABATEMENT COSTS
November 19, 2019
OWNER OF RECORD: Vincent G. De Luca, Jr.
4405 Miraleste Dr.
Rancho Palos Verdes, CA 90275
ACCESSORS PARCEL NUMBER: 7561-024-002
PROPERTY VIOLATION: RPVMC §8.24.060(A)(1)(c) -
Inadequately maintained landscaping
visible from the public right-of-way or
adjoining property which includes
overgrown vegetation that is unsightly
and likely to harbor rats or vermin
(dead/decaying palm tree fronds)
SCOPE OF WORK: Contract with qualified company for the
removal of the dead and/or decayed palm
tree fronds from the property
COST SUMMARY
City Attorney costs and fees associated with pursuit of $2,620.50
Nuisance Abatement.
Costs associated with abatement of nuisance by $1,200.00
contractor, Stay Green, Inc.
City Staff costs for abatement of nuisance. Cost includes $661.56
abatement/Inspections: 6 hours of City Staff time
Total Cost to be Assessed: $4,482.06
The above costs were incurred by the City of Rancho Palos Verdes in abatement of a
public nuisance at the property located at 4405 Miraleste Dr.(APN 7561-024-002).
evin Le, Code Enforcement Officer
City of Rancho Palos Verdes
01203.0011/609856.2 Resolution No. 2019-63
Attachment A
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