CC RES 2021-021 RESOLUTION NO. 2021-21
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 NUISANCE ABATEMENT COSTS TO BE
PLACED ON THE PROPERTY LOCATED AT 13 CAYUSE
LANE (APN 7568-017-025).
WHEREAS, in June 2018, City Staff notified Ms. Rose Marie Disanto, owner of the
property located at 13 Cayuse Lane (the Property), of substandard property maintenance
and unsafe egress, in violation of Sections 8.24.060 and 8.24.070, of the Rancho Palos
Verdes Municipal Code ("RPVMC"); and,
WHEREAS, City Staff sent multiple notices to comply with the RPVMC to the
property owner in March, April, and May 2018, and a violation letter was sent to the
property owner from the City Attorney's Office in January 2019; 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 property and
landscaping visible from the public right-of-way or adjoining property, which included,
trash debris, storage of discarded unused furniture, salvage materials, constituted a
prohibited activity, unlawful conduct, and apublic nuisance, ursuant to RPVMC Sections
Y p
8.24.060 and 8.24.070; and,
WHEREAS, after inconsequential abatement by the property owner, on October
9, 2020, pursuant to RPVMC Section 8.24.080, the City Attorney's Office obtained a
signed Abatement Warrant from Superior Court of Los Angeles to Abate a Public
Nuisance and abatement of the public nuisance proceed in October 2020; and,
WHEREAS, on October 9, 2020, pursuant to the lawfully obtained abatement
warrant, the City abated the nuisance at the Property, to wit: the removal of accumulation
of junk, trash, debris, and overgrown and dead vegetation from the exterior of property;
and,
WHEREAS, California Government Code Section 38773 and 38773.5 and Chapter
8.24 of the RPVMC authorize the City Council to assess all costs incurred for abatement
of violations which constitute a public nuisance as a lien against property; and,
WHEREAS, pursuant to RPVMC Section 8.24.110, the Code Enforcement Officer
prepared an itemized report of the costs incurred during the abatement of the code
violations at the Property, including pursuit of a legal action, which is attached hereto as
Attachment "A"; and,
WHEREAS, City provided notice by publication in the Palos Verdes Peninsula
News on April 15, 2021, that the City Council would consider placing a lien upon the
Property to recover costs associated with the public nuisance abatement that occurred in
October 2020; and,
WHEREAS, on May 4, 2021, the City Council conducted a public hearing to
consider recording a lien to recover City-incurred costs associated with the nuisance
abatement, but continued the hearing to June 1, 2021 to provide the property owner
and/or representative an opportunity to pay the abatement costs before a lien was placed
on the property; and,
WHEREAS, on June 1, 2021, the abatement costs continue to be pending and
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; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct and are incorporated fully
herein.
Section 2: The City Council finds that the costs incurred by the City to abate the
nuisance at Property are reasonable and correct, and hereby confirms the Code
Enforcement Officer's Itemized Account of Nuisance Abatement Costs, attached hereto
as Attachment "A."
Section 3: 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 $22,264.62 for the property located at 13
Cayuse Lane, Rancho Palos Verdes (APN 7568-017-025). 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 4: 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.
111
Resolution No. 2021-21
Page 2 of 3
PASSED, APPROVED, and ADOPTED this 1st day of June 2021.
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Eric Ale ria, Ma
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ATTEST:
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Teres akaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of The City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2021-21 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 1, 2021.
Teresa Ta a atlecr
Resolution No 2021-21
Page 3 of 3
Attachment A
ITEMIZED ACCOUNT OF NUISANCE ABATEMENT COSTS
June 1, 2021
OWNER OF RECORD: Rose Marie DiSanto
13 Cayuse Lane
Rancho Palos Verdes, CA 90275
ACCESSORS PARCEL NUMBER: 7568-017-025
PROPERTY VIOLATION: RPVMC § 8.24.060(A)(1)(b), maintaining
overgrown vegetation which is unsightly
and likely to harbor rats or vermin.
RPVMC § 8.24.060(A)(2), maintaining 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 or
private street right-of-way.
RPVMC § 8.24.060(A)(3), maintaining 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 proert .
RPVMC § 8.24.060(A)(4), maintaining
abandoned, discarded or unused furniture,
stoves, sinks, toilets, cabinets or other
household fixtures or equipment stored in
public view.
RPVMC § 8.24.060(A)(7); UBC § 102, as
adopted by RPVMC § 15.04.010,
maintaining an unsafe structure.
RPVMC § 8.24.060(A)(8), maintaining
building exteriors, walls, or walkways which
are broken, defective, deteriorated or in
disrepair.
01203.0011/687388.2
Resolution No 2021-21
Attachment A
Page 1 of 2
SCOPE OF WORK: Contract with qualified company for the
removal of the 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 from the property.
COST SUMMARY
Costs and legal fees associated with pursuit of Nuisance $6,699.00
Abatement.
Costs associated with abatement of nuisance by contractor, $12,515.00
Bio-One Long Beach.
Costs for City Staff time for abatement of nuisance. Costs $3,050.62
includes abatement/Inspections: 35.83 hours of staff time
r
Total Cost to be Assessed: $22,264.62
The above costs were incurred by the City of Rancho Palos Verdes in abatement of a
public nuisance at the property located at 13 Cayuse Lane (APN 7568-017-025).
5-c-2- 1\C\(\_
Code Enforcement Officer
Rudy Monroy
City of Rancho Palos Verdes
I
01203.0011/687388.2
Resolution No.2021-21
Attachment A
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