CC SR 20230815 02 - Special Assessment Braidwood Drive
PUBLIC HEARING
Date: August 15, 2023
Subject: Consideration and possible action to recover nuisance abatement costs on property
located at 28074 Braidwood Drive (Case No. CODE2021-0112).
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
$11,005.92, TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 28074 BRAIDWOOD
DRIVE (APN 7584-016-016) (CASE NO. CODE2021-0112); 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 $11,005.92
and to direct the City Attorney and the Interim 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 28074
Braidwood Drive (APN 7584-016-016).
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. 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. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Ferraro
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.
RANCHO PALOS VERDES
CITY COUNCIL MEETING DATE: 08/15/2023
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to recover nuisance abatement costs on property
located at 28074 Braidwood Drive (Case No. CODE2021-0112).
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 $11,005.92, TO
RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 28074
BRAIDWOOD DRIVE (APN 7584-016-016) (CASE NO. CODE2021-0112); 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 $11,005.92 and to direct the City Attorney and the Interim 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 28074 Braidwood
Drive (APN 7584-016-016).
FISCAL IMPACT: The costs incurred by the Community Development Department for
the abatement action plus legal fees were $11,005.92 and were
funded through Code Enforcement Division Professional Services in
Fiscal Year 2023-24 budget.
Amount Budgeted: $35,300
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
1
RANCHO PALOS VERDES
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2023-__ (page A-1)
B. June, September and December 2022 Notices to Comply
C. February and March 2023 Administrative Citations
D. May 2023 Notice and Order to Abate Public Nuisance
E. June 2023 Signed Abatement Warrant
F. Proof of Service Special Assessment and Itemized Abatement Costs
BACKGROUND:
In June 2022, the City’s Code Enforcement Division provided written notification to the
property owner at 28074 Braidwood Drive, Donald Weitzman, that the subject property
was in violation of Section 8.24.060 of the Rancho Palos Verdes Municipal Code
(RPVMC), which included overgrown vegetation and dilapidated fence conditions located
along the east side and rear yards of the subject property (Attachment B). Based on
inspections from the public right-of-way and surrounding neighboring properties, it was
determined that the overgrown vegetation and substandard conditions warranted
abatement, specifically maintenance of the vegetation and removal of the dilapidated
fence. The Code Enforcement Division sent additional notices to the property owner to
comply in September and December 2022 (Attachment B). Based on noncompliance by
the property owner, in February and March 2023 (Attachment C), the Code Enforcement
Division sent administrative citations to the property owner in an effort to achieve
compliance. After no progress to achieve voluntary compliance on the part of the property
owner, in April 2023 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, in May
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 June 2023, bids from Stay Green and GS
Brothers were obtained for the abatement of the nuisance to be completed. Due to
scheduling conflicts with Stay Green, GS Brothers was awarded the job.
On May 15, 2023, the property owner was provided with a Notice and Order to Abate a
Public Nuisance (Attachment D), which provided the property owner 30 days to address
the nuisance by abating overgrown vegetation and repairing the fence. Pursuant to
Section 8.24.070 of the RPVMC, within 10 days after the date of service of a notice and
order the owner, agent of the owner, lessee, occupant, or person in possession of the
property who may have been served with a notice and order, or any person interested in
the property affected by such notice and order, may appeal to the City Council. No appeal
was filed by the property owner or interested party. Following the deadline for the
voluntary compliance provided in the Notice and Order 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.
2
On June 26, 2023, a signed Order to Abate Warrant (Attachment E) was obtained from
the Los Angeles Court, and the Community Development Department proceeded with the
abatement for the overgrown vegetation and the dilapidated fence on the subject
property. On July 10, 2023, GS Brothers completed the abatement.
DISCUSSION:
Pursuant to Section 8.24.120 of the RPVMC, on July 27, 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 August 15, 2023 meeting, will conduct a public
hearing to consider placing a lien on the subject property to recover costs incurred for the
abatement order based on the itemized abatement costs (Attachment F).
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 $11,005.92, associated with the abatement discussed
herein. If approved, Staff will 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 City Attorney and for the Interim 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, Staff recommends the City Council adopt 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 28074 Braidwood Drive.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not place a special assessment (lien) for nuisance abatement on the
property at 28074 Braidwood Drive, thereby bearing all costs associated
with this abatement.
2. Take other action, as deemed appropriate.
3
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 $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;
A-1
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.
A-2
PASSED, APPROVED, and ADOPTED this 15th day of August 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 August 15, 2023.
_______________________
Teresa Takaoka, City Clerk
A-3