CC SR 20230620 02 - 3510 Coolheights Dr Public Hearing Special Assessment Lien
PUBLIC HEARING
Date: June 20, 2023
Subject: Consideration and possible action to recover nuisance abatement costs on property
located at 3510 Coolheights Drive (CMUNI2021-0003).
Recommendation:
(1) Adopt Resolution No. 2023-__, 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) (CASE NO. CMUNI2021-0003); and,
(2) Direct 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
and to direct 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 for t he property located at 3510 Coolheights
Drive (APN 7558-014-027).
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Ferraro
3. Request for Staff Report: Mayor Ferraro
4. Staff Report & Recommendation: Rudy Monroy, Code Enforcement Officer
5. Council Questions of Staff (factual and without bias):
6. Public Testimony:
Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the
applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be
allowed ten minutes to make a presentation.
Appellant: Ping Shen
Mayor Ferraro invites the Appellant to speak. (10 mins.)
A. 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 speakers who
intend to speak.
7. Rebuttal: Mayor Ferraro invites brief rebuttals by Appellant. (3 mins)
Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have
spoken.
8. Council Questions of Appellant (factual and without bias):
9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Ferraro
10. 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.
11. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additi onal
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 06/20/2023
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to recover nuisance abatement costs on property
located at 3510 Coolheights Drive (CMUNI2021-0003).
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2023-__, 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) (CASE NO. CMUNI2021-0003);
and,
2) Direct 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 and to direct 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 for the property located at 3510 Coolheights Drive
(APN 7558-014-027).
FISCAL IMPACT: The costs incurred by the Community Development Department for
the abatement action plus legal fees were $4,285.50 and was funded
through the Professional Services in Fiscal Year 2022-23 budget.
Amount Budgeted: $35,000
Additional Appropriation: N/A
Account Number(s): 101-400-4140-5101 VR
[Professional/Technical Services - Code Enforcement Abatement]
ORIGINATED BY: Rudy Monroy, Code Enforcement Officer RM
REVIEWED BY: Octavio Silva, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2023-__ (page A-1)
B. March, June and September 2021 Notices to Comply (see individual links)
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C. January 2023 Notice to Abate
D. March 2023 Order to Abate Warrant
E. Property Owner Written Protest Letter and documents
BACKGROUND AND DISCUSSION:
In March 2021 (Attachment B) the City’s Code Enforcement Division provided written
notification to the property owner at 3510 Coolheights Drive, Ping Shen, that the property
was in violation of Section 8.24.060 of the Rancho Palos Verdes Municipal Code
(RPVMC), which included an overgrown hedge located along the west side yard of the
rear of the property. Based on an inspection from neighboring properties, it was
determined that the overgrown hedge significantly impaired views from surrounding
properties and thus warranted trimming. The Code Enforcement Division sent additional
notices to comply to the property owner in June 2021 and September 2021 (Attachment
B). Based on noncompliance by the property owner, i n February 2022, this matter was
forwarded to the City Attorney’s Office for further enforcement action.
After several attempts by the City Attorney’s Office to obtain voluntary compliance, i n
January 2023, the Community Development Department determined that an abatement
of the nuisance on the property was needed as the nuisance continued to exist pursuant
to RPVMC Sections 8.24.060 and 8.24.070. In February 2023, bids from Stay Green and
GS Brothers were obtained for the abatement of the nuisance to be completed. Due to
scheduling conflicts with GS Brothers, Stay Green was awarded the job.
On January 13, 2023, the property owner was provided with a Notice to Abate
(Attachment C), which provided the property owner 30 days to address the nuisance by
trimming the overgrown hedge. 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. On March 7, 2023, a signed
Order to Abate Warrant (Attachment D) was obtained from the Los Angeles Court, and
the Community Development Department proceeded with the abatement for the
overgrown hedge on the property on March 21, 2023. Stay Green, Inc. completed the
abatement that same day.
Pursuant to Section 8.24.120 of the RPVMC, on May 25, 2023, the City provided notice
to the property owner and published the notice in the Palos Verdes Peninsula News
indicating that the City Council, at its June 20 meeting, will conduct a public hearing to
consider placing a lien on property located at 3510 Coolheights Drive to recover costs
incurred for the abatement order based on the itemized abatement costs (Attachment C).
On June 9 and 12, 2023, Staff received a Written Protest letter (Attachment E) and
associated documents from the property owner at 3510 Coolheights Drive. In summary,
the information received requests the public hearing to be postponed and raised concerns
regarding the abatement procedures. In consultation with the City Attorney’s Office, Staff
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determined that the written protest letter and documents did not include any information
of merit to warrant a continuation of the public hearing.
Pursuant to Section 8.24.130 of the RPVMC, this evening, the City Council is being asked
to conduct a public hearing to consider placing a lien on the subject property to fully
recover City incurred costs, totaling $4,285.50, associated with the abatement discussed
herein. If approved, direct 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 City Attorney and for 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.
CONCLUSION:
Based on the above, the City Council is being asked to consider adopting the attached
Resolution No. 2023-__ (Attachment A) authorizing placing a lien to fully recover City
incurred costs associated with the abatement on property located at 3510 Coolheights
Drive.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not place special assessment for nuisance abatement on the property
at 3510 Coolheights Drive, thereby bearing all costs associated with this
abatement.
2. Take other action, as deemed appropriate.
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RESOLUTION NO. 2023-__
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) (CMUNI2021-
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;
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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.
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PASSED, APPROVED, and ADOPTED this 20th day of June 2023.
_____________________
Barbara Ferraro, 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-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 20, 2023.
_______________________
Teresa Takaoka, City Clerk
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COMMUNITY DEVELOPMENT
CODE ENFORCEMENT DIVISION
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5228 / FAX (310) 544-5293 / WWW.RPVCA.GOV
Attachment “A”
Resolution No. 2023-_
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.
PROPERTY VIOLATION:
CMUNI2021-0003
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
abatement. $2,752.50
Costs associated with abatement of nuisance by
contractor, Stay Green, Inc. $1,200.00
Costs for City Staff time for abatement of nuisance. Cost
includes abatement/Inspections: 1hr 20min of City Staff
time
$ 333.00
Total Cost to be Assessed: $ 4,285.50
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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
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