CC RES 2023-033 RESOLUTION NO. 2023-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CONFIRMING THE REPORT
OF NUISANCE ABATEMENT COSTS AND AUTHORIZING
A SPECIAL ASSESSMENT, IN THE FORM OF A LIEN IN
THE AMOUNT OF $4,285.50, TO RECOVER ABATEMENT
COSTS ON PROPERTY LOCATED AT 3510
COOLHEIGHTS DRIVE (APN 7558-014-027) (CMUNI2O2I-
0003)
WHEREAS, in March 2021, the City's Code Enforcement Division notified the
owner of the property, Ping Shen, located at 3510 Coolheights Drive that the property
was in violation of Section 8.24.060 of the Rancho Palos Verdes Municipal Code
(RPVMC) related to overgrown vegetation that significantly impaired the views from
neighboring properties;
WHEREAS, the City determined that the inadequately maintained landscaping,
which included trees, hedges, plants or other vegetation, significantly impaired views from
surrounding properties, and constituted a public nuisance, pursuant to RPVMC Sections
8.24.060 and 8.24.070;
WHEREAS, March 9, 2021, June 3, 2021, September 3, 2021, Code Enforcement
Division Staff and the City Attorney's Office issued multiple notices to the property owner
requesting compliance with RPVMC 8.24.060 and 8.24.070 provisions;
WHEREAS, on January 13, 2023, the property owner was provided with a Notice
to Abate which provided the property owner with thirty (30) days to address the nuisance
by trimming the overgrown hedge;
WHEREAS, 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 nuisance on the property;
WHEREAS, on March 7, 2023, the City obtained a signed abatement warrant from
the Los Angeles County Court;
WHEREAS, on March 21, 2023, the City's Code Enforcement Division proceeded
with executing the signed abatement warrant, by abating all overgrown foliage
significantly impairing views from neighboring properties;
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;
WHEREAS, pursuant to Section 8.24.110 of the RPVMC, the Code Enforcement
Division Staff prepared an itemized report of the costs incurred during the abatement of
the violation of the above referenced site, including the pursuit and legal action, which is
attached hereto as Attachment "A";
WHEREAS, on May 26, 2023, pursuant to Section 8.24.110 of the RPVMC, the
property owner was duly notified via certified mail of the Community Development
Department's costs associated with the nuisance abatement, totaling $4,285.50;
WHEREAS, on May 25, 2023, pursuant to Section 8.24.120 of the RPVMC, the
City provided notice to the property owner via publication in the Palos Verdes Peninsula
News that the placement of a lien upon the property would be considered by the City
Council at its meeting on June 20, 2023; and
WHEREAS, on June 20, 2023, pursuant to Sections 8.24.120 and 8.24.130 of the
RPVMC, 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 Community
Development Department to abate the nuisance at property located at 3510 Coolheights
Drive, Rancho Palos Verdes (APN 7558-014-027) are reasonable and correct, and
hereby confirms 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 $4,285.50 for the property located at 3510
Coolheights Drive, Rancho Palos Verdes (APN 7558-014-027). 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.
I
Resolution No. 2023-33
Page 2 of 3
PASSED, APPROVED, and ADOPTED this 20th day of June 2023.
•
Barbara Ferr fo, Mayor
ATTEST:
( . Teresa Takaoka, 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. 2023-33 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 20, 2023.
eresE akaoka, City Clerk
Resolution No. 2023-33
Page 3 of 3
pAt U'j ,
{
Ciit'Anglik
' HALOS VERDES
It& COMMUNITY DEVELOPMENT
CODE ENFORCEMENT DIVISION
Attachment "A"
Resolution No. 2023-33
ITEMIZED ACCOUNT OF NUISANCE ABATEMENT COSTS
June 20, 2023
OWNER OF RECORD: Ping Shen
3510 Coolheights Drive
Rancho Palos Verdes, CA 90275
ACCESSORS PARCEL NUMBER: 7558-014-027
CASE No. CMUN12021-0003
PROPERTY VIOLATION: RPVMC §8.24.060(A)(1)(b)(c)(iv) —
Inadequately maintained overgrown, trees,
hedges, shrubs, plants, or other vegetation
which creates an unsightly appearance and
likely to harbor vermin.
SCOPE OF WORK: Contract with qualified company for the
removal of overgrown foliage significantly
impairing view from neighboring properties.
COST SUMMARY
Costs and legal fees associated with pursuit of nuisance $2,752.50
abatement.
Costs associated with abatement of nuisance by $1,200.00
contractor, Stay Green, Inc.
Costs for City Staff time for abatement of nuisance. Cost
includes abatement/Inspections: 1 hr 20min of City Staff $ 333.00
time
Total Cost to be Assessed: $ 4,285.50
30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391/(310)544-5228/FAX(310)544-5293/WWW.RPVCA.GOV
The above costs were incurred by the Community Development Department of the City of
Rancho Palos Verdes in abatement of a public nuisance at the property located at 3510
Coolheights Drive (APN 7561-801-4027).
Rudy Monroy, Code Enforcement Officer
City of Rancho Palos Verdes
Resolution No. 2023-33 111
Attachment A
Page 2 of 2