CC SR 20191119 03 - Abatement Lien 4405 Miraleste Drive
PUBLIC HEARING
Date: November 19, 2019
Subject: Consideration and possible action to recover costs associated with the City’s
abatement of property as a special assessment, in the form of a lien, on the property located at 4405
Miraleste Drive
Recommendation: 1) Adopt Resolution No. 2019-__, a Resolution of the City Council of the City of
Rancho Palos Verdes confirming the report of nuisance abatement costs and au thorizing a lien for
recovering nuisance abatement costs to be placed on the subject property located at 4405 Miraleste
Drive (APN 7561-024-002).
Subject Property/Location: 4405 Miraleste Drive
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Duhovic
3. Request for Staff Report: Mayor Duhovic
4. Staff Report & Recommendation: Kevin Le, Code Enforcement Officer
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of spea kers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Duhovic
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
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RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/19/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to recover costs associated with the City’s abatement
of property as a special assessment, in the form of a lien, on the property located at
4405 Miraleste Drive
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2019-__, 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).
FISCAL IMPACT: $4,482.06 – City’s costs for abatement action plus legal fees/costs
associated with abatement action
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): 101-300-4140-3504
[General Fund Revenues - Code Enforcement Citations]
ORIGINATED BY: Kevin Le, Code Enforcement Officer KL
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development f
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2019-__ (page A-1)
BACKGROUND AND DISCUSSION:
The property owner, Vincent DeLuca, was notified by the Code Enforcement Division to
remove overgrown and dead palm fronds located on his property at 4405 Miraleste
Drive in June 2018. Notices to comply were sent to Mr. DeLuca in June, July and
September 2018, to no avail. In October 2018, this matter was forwarded to the City
Attorney’s Office for further enforcement action. Mr. DeLuca claimed the overgrown and
dead palm fronds were not on his property, which was proven inaccurate by the City’s
geographic information system (GIS) and aerial photos, and this was communicated on
several occasions to Mr. DeLuca.
In November 2018, the City determined to proceed with an abatement of the property.
In December 2018, bids were obtained for the abatement to be completed, and an
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abatement warrant was prepared to be reviewed and signed by a judge in Los Angeles
Superior Court. Proper notice of the City’s intent to abate the property was provided to
the property owner in December 2018. Following the deadline for voluntary compliance
provided in the Notice to Abate, the City Attorney’s Office proceeded with obtaining a
warrant from the court in order to allow the City to abate the property. A signed
abatement warrant was obtained from the court and the City proceeded with the
abatement of the overgrown and dead palm fronds on the property in February 2019.
Pursuant to Rancho Palos Verdes Municipal Code (RPVMC) Section 8.24.110,
Mr. DeLuca was duly notified of the City’s costs associated with this abatement, totaling
$4,482.06 (Exhibit A of the draft resolution). As of the date this report was prepared, the
abatement costs remain unpaid by the property owner and can be placed as a special
assessment (i.e., lien) on the property to ensure the City recoups its costs associated
with the abatement of the property.
Pursuant to RPVMC Section 8.24.120, the City provided notice to Mr. DeLuca (including
publication in the Palos Verdes Peninsula News on October 31, 2019, certified mail, and
posting on the property) that the placement of this lien on the property at 4405 Miraleste
Drive would be considered by the City Council at tonight’s meeting. As of the date this
report was completed, no written protest had been received from the property owner or
any other interested party.
Therefore, Staff recommends the City Council adopt Resolution No. 2019-__
(Attachment A) recovering all costs associated with the City’s abatement of property as
a special assessment, in the form of a lien, on the property located at 4405 Miraleste
Drive.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Do not place all costs associated with the City’s abatement of property as
a special assessment on the property located at 4405 Miraleste Drive.
Staff does not recommend this alternative because it would result in the
City bearing the costs of this abatement.
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01203.0011/610366.1
RESOLUTION NO. 2019-__
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
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
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the Code Enforcement Officer's Itemized Account of Nuisance Abatement Costs,
attached hereto as Attachment “A.”
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.
_____________________
Jerry V. Duhovic, Mayor
ATTEST:
_______________________
Emily Colborn, 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-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on November 19, 2019.
_______________________
Emily Colborn, City Clerk
A-2
01203.0011/609856.2
Attachment “A”
Resolution No. 2019-__
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
Nuisance Abatement. $2,620.50
Costs associated with abatement of nuisance by
contractor, Stay Green, Inc. $1,200.00
City Staff costs for abatement of nuisance. Cost includes
abatement/Inspections: 6 hours of City Staff time $661.56
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).
________________________________
Kevin Le, Code Enforcement Officer
City of Rancho Palos Verdes
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