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CC SR 20250819 01 - Nuisance Abatement at 2 Peppertree Drive PUBLIC HEARING Date: August 19, 2025 Subject: Consideration to recover nuisance abatement costs on property located at 2 Peppertree Drive Rancho Palos Verdes, CA 90275 (Case No. CVEH2021-0002). Recommendation: 1) Adopt Resolution No. 2025-____, 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 $952.40 TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 2 PEPPERTREE DRIVE, RANCHO PALOS VERDES, CA 90275 (CASE NO. CVEH2021-0002); 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 $952.40 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 2 Peppertree Drive Rancho Palos Verdes, CA 90275 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Bradley 3. Request for Staff Report: Mayor Bradley 4. Staff Report & Recommendation: Brandy Forbes, AICP, Director of Community Development and Octavio Silva, Deputy Director of Community Development 5. Council Questions of Staff (factual and without bias): 6. Testimony from members of the public: 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/Applicant: Peter J. Cavanna Mayor Bradley invites the Appellant to speak. (10 mins.) 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 Bradley invites brief rebuttals by Appellant/Applicants. (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 and Applicants (factual and without bias): 9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Bradley 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 additional testimony; continue the matter to a later date for a decision. CITY COUNCIL MEETING DATE: 08/19/2025 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration to recover nuisance abatement costs on property located at 2 Peppertree Drive Rancho Palos Verdes, CA 90275 (Case No. CVEH2021-0002). RECOMMENDED COUNCIL ACTION: 1) Adopt Resolution No. 2025-____, 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 $952.40 TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 2 PEPPERTREE DRIVE, RANCHO PALOS VERDES, CA 90275 (CASE NO. CVEH2021-0002); 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 $952.40 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 2 Peppertree Drive Rancho Palos Verdes, CA 90275. FISCAL IMPACT: The costs incurred by the Community Development Department for the abatement action plus legal fees were $952.40 and were funded through Code Enforcement Division Professional Services in Fiscal Year 2024-25 budget. If approved, the nuisance abatement costs are assessed against the subject property and will be recorded as a future receivable for the City. VR Amount Budgeted: $ 71,000 Additional Appropriation: None Account Number(s): 101-400-4140-5101 VR [General Fund – Code Enforcement - Professional/Technical Services] ORIGINATED BY: James Zoren, Code Enforcement Officer REVIEWED BY: Brandy Forbes, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2025- (page A-1) B. Notices to Comply dated June 2023, April, and July 2024 (page B-1) C. Administrative Citation No. 1694 dated September 2024 (page C-1) D. Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle or Parts Thereof As a Public Nuisance January 2025 (page D-1) E. Signed Abatement Warrant dated March 2025 (page E-1) F. Public Notice dated July 2025 (page F-1) G. Proof of Service Special Assessment and Payment Demand Letter (page G-1) BACKGROUND: In June 2023, the City’s Code Enforcement Division provided written notification to the property owner at 2 Peppertree Drive, Peter J. Cavanna, that the subject property was in violation of § 8.24.060 of the Rancho Palos Verdes Municipal Code (RPVMC), which included abandoned, wrecked, dismantled or inoperative vehicles that are not stored within a fully enclosed structure (Attachment B). In addition, the property owner was storing four inoperable vehicles on the vacant lot next door (4 Peppertree Drive). The Code Enforcement Division sent additional notices to the property owner to comply in April and July 2024 (Attachment B). Based on noncompliance by the property owner, in September 2024 (Attachment C), the Code Enforcement Division sent Administrative Citation No. 1694 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 December 2024 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 January 2025 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 §§ 8.24.060 and 8.24.070. The presence of inoperative vehicles created junkyard like conditions on the property. In January 2025, an estimate from Van Lingen Towing was obtained for the abatement of the nuisance to be completed. On January 27, 2025, the property owner was provided with a Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle or Parts Thereof as a Public Nuisance (Attachment D), which provided the property owner 30 days to address the nuisance by abating all of the inoperable vehicles. Pursuant to § 10.12.100 of the RPVMC, within 10 days after the date of service of the notice, the owner of the vehicle, agent of the owner, or person in possession of the vehicle who may have been served with the notice, may appeal to the City Manager. No appeal was filed by the property owner, vehicle owner, or other interested party. Following the deadline for the voluntary compliance provided in the notice the City Attorney’s Office proceeded with obtaining a warrant from the Los Angeles County Superior Court in order to allow the City to abate the nuisance on the property. On March 11, 2025, a signed Abatement Warrant (Attachment E) was obtained from the Los Angeles County Superior Court, and the Community Development Department proceeded with the abatement of the inoperable vehicles. On March 17, 2025, Van Lingen Towing completed the abatement, which consisted of the removal of one inoperable vehicle because the vehicle owner abated the other inoperable vehicles. The inoperable vehicle was stored at Van Lingen Towing and the vehicle owner was given an opportunity to retrieve the vehicle. However, the vehicle owner did not act in a timely manner, so the inoperable vehicle was sold in an auction to recover costs. Van Lingen Towing was able to recover the costs, so the City was not charged for the towing fees. The City does still have outstanding legal fees and Staff costs for a total of $952.40. DISCUSSION: Pursuant to § 8.24.120 of the RPVMC, on July 31, 2025, Staff provided notice to the property owner and published the notice in the Palos Verdes Peninsula News indicating that the City Council, at its August 19, 2025 meeting, would be conducting a public hearing to consider placing a special assessment on the subject property to recover costs incurred for the abatement order based on the itemized abatement costs (Attachment F). Pursuant to § 8.24.130 of the RPVMC, this evening, the City Council is being asked to conduct a public hearing to consider placing a special assessment on the subject property to fully recover City incurred costs, totaling $952.40 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 Public Nuisance Abatement Costs in the amount of $952.40, 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. ADDITIONAL INFORMATION: 4 Peppertree Drive As a separate public hearing item on tonight’s agenda, the City Council is being asked to consider placing a special assessment on the neighboring property, 4 Peppertree Drive, for similar public nuisance abatement costs incurred by the City. Public Correspondence As of the preparation of this report, City Staff has not received any public correspondence in response to the public notice issued in July 2025. CONCLUSION: Based on the above, Staff recommends the City Council adopt the attached resolution (Attachment A) authorizing a special assessment in the amount of $952.40 to recover abatement costs on property located at 2 Peppertree Drive, Rancho Palos Verdes, CA 90275 and to direct Staff to submit to the Los Angeles County Auditor/Controller for collection the abatement costs in the amount of $952.40 to be recorded in the Office of the Los Angeles County Recorder. 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 2 Peppertree Dr. Rancho Palos Verdes, CA. 90275 , thereby bearing all costs associated with this abatement. 2. Do not place a special assessment, at this time , and direct staff to work with the property owner to seek cost recovery one additional time. 3. Take other action, as deemed appropriate. A-1 RESOLUTION NO. 2025- 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 $952.40, TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 2 PEPPERTREE DRIVE, RANCHO PALOS VERDES, CA. 90275 (CASE NO. CVEH2021- 0002) WHEREAS, in June 2023, the City’s Code Enforcement Division notified, in writing, the owner of the property, Peter J Cavanna, located at 2 Peppertree Drive, Rancho Palos Verdes, CA. 90275 that the property was in violation of § 8.24.060 of the Rancho Palos Verdes Municipal Code (RPVMC) related to abandoned, wrecked, dismantled or inoperative vehicles that are not stored within a fully enclosed structure viewable from the public right-of-way and neighboring properties; WHEREAS, the City determined that the accumulation of junk, refuse, rubbish, lumber, and similar debris constituted a public nuisance, pursuant to RPVMC §§ 8.24.060 and 8.24.070; WHEREAS, in June 2023, April 2024, and July 2024, Code Enforcement Division Staff issued multiple notices to the property owner requesting compliance with RPVMC §§ 8.24.060 and 8.24.070 provisions; WHEREAS, in January 2025, 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 of the inoperable vehicles; 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, in March 2025, the City obtained a signed abatement warrant from the Los Angeles County Court; WHEREAS, on March 17, 2025, the City’s Code Enforcement Division proceeded with executing the signed abatement warrant, by abating inoperable vehicles; WHEREAS, California Government Code §§ 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-2 WHEREAS, pursuant to § 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 29, 2025, pursuant to § 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 $952.40; WHEREAS, on July 31, 2025, pursuant to § 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 19, 2025; WHEREAS, on August 19, 2025, pursuant to §§ 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 2 Peppertree Drive, Rancho Palos Verdes 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 $952.40 for the property located at 2 Peppertree Drive, Rancho Palos Verdes. 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 § 1094.6 of the California Code of Civil Procedure. A-3 PASSED, APPROVED, and ADOPTED this 19th day of August 2025. David Bradley, 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. 2025-____was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 19, 2025. Teresa Takaoka, City Clerk