CC RES 2023-040 RESOLUTION NO. 2023-40
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 $11,005.92, TO RECOVER ABATEMENT
COSTS ON PROPERTY LOCATED AT 28074
BRAIDWOOD DRIVE (APN 7584-016-016) (CASE NO.
CODE2021-0112)
WHEREAS, in June 2022, the City's Code Enforcement Division notified, in writing,
the owner of the property, Donald Weitzman, located at 28074 Braidwood Drive that the
property was in violation of Section 8.24.060 of the Rancho Palos Verdes Municipal Code
(RPVMC) related to overgrown vegetation and dilapidated fence viewable from the public
right-of-way and neighboring properties;
WHEREAS, the City determined that the inadequately maintained landscaping,
which included trees, vegetation and fence, constituted a public nuisance, pursuant, to
RPVMC Sections 8.24.060 and 8.24.070;
WHEREAS, on June 3, 2022, September 29, 2022, and December 3, 2022, Code
Enforcement Division Staff and the City Attorney's Office issued multiple notices to the
property owner requesting compliance with RPVMC Sections 8.24.060 and 8.24.070
provisions;
WHEREAS, on May 15, 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
abating all overgrown, dead vegetation including removal of the dilapidated fence;
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 June 26, 2023, the City obtained a signed abatement warrant from
the Los Angeles County Court;
WHEREAS, on July 6, 2023, the City's Code Enforcement Division proceeded with
executing the signed abatement warrant, by abating all overgrown, dead vegetation,
dilapidated fence and all other public nuisance conditions surrounding neighboring
properties;
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 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 of legal action, which is
attached hereto as Attachment "A";
WHEREAS, on July 27, 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 August 15, 2023; and
WHEREAS, on August 7, 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 $11,005.92;
WHEREAS, on August 15, 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 public nuisance on property located at 28074
Braidwood Drive, Rancho Palos Verdes (APN 7584-016-016) 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$11,005.92 for the property located at 28074
Braidwood Drive, Rancho Palos Verdes (APN 7584-016-016). 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.
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Resolution No. 2023-40
Page 2 of 3
PASSED, APPROVED, and ADOPTED this 15th day of August 2023.
4.,/1-d4-1----d'Ye.A.A...44--)
Barbara Ferraro, Mayor
ATTEST:
""41:
bier a-Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
111 I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2023-40 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 15, 2023.
' aletgok....
ere 2 ;kaoka, City Clerk
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Resolution No. 2023-40
Page 3 of 3
spr'
111 0 I \i/ RA\C-0 PALOS VERDES
\\\„,, „ COMMUNITY DEVELOPMENT
CODE ENFORCEMENT DIVISION
Attachment "A"
Resolution No. 2023-40
ITEMIZED ACCOUNT OF NUISANCE ABATEMENT COSTS
August 15, 2023
OWNER OF RECORD: Donald Weitzman
28074 Braidwood Dr.
Rancho Palos Verdes, CA 90275
ACCESSORS PARCEL NUMBER: 7584-016-016
CASE No. CODE2021-0012
PROPERTY VIOLATION: RPVMC §8.24.060(A)(1)(8)(b)(c)(i) —
Inadequately maintained overgrown, dead,
decayed, diseased, or infested vegetation,
and removal of dilapidated fence from
property.
SCOPE OF WORK: Contract with qualified company for the
removal of all inadequate maintained
landscaping and dilapidated fence.
COST SUMMARY
Costs and legal fees associated with pursuit of nuisance
$1,779.20
abatement. _
Costs associated with abatement of nuisance by $8,890.00
contractor, GS Brothers, Inc.
Costs for City Staff time for abatement of nuisance. Cost
time
PCity
includes abatement/Ins ections: 4hrs of Staff t me
{
Total Cost to be Assessed: $ 11,005.92
30940 HAW T HORNS BLVD./RANCHO PALOS VERDES,CA 90275..5391/(31.0)544...5228/FAX(310)544--5293/WWW.RPVCA.COV
Resolution No.2023-40
Attachment A
Page 1 of 2
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 28074
Braidwood Drive (APN 7584-016-016).
-'(:) W\\,,
Rudy Monroy, Code Enforcement Officer
City of Rancho Palos Verdes
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Resolution No 2023-40
Attachment A
Paae 2 of 2