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CC SR 20250819 02 - Nuisance Abatement at 4 Peppertree Drive PUBLIC HEARING Date: August 19, 2025 Subject: Consideration to recover nuisance abatement costs on property located at 4 Peppertree Drive (APN: 7572-007-015) (Case No. CPM2024-0048). 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 $27,897.78 TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 4 PEPPERTREE DRIVE (APN 7572-007-015) (CASE NO. CPM2024-0048); 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 $27,897.78 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 4 Peppertree Drive (APN: 7572-007-015). 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: Peppertree Group LLC 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) 1 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. 2 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 4 Peppertree Drive (APN: 7572-007-015) (Case No. CPM2024-0048). 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 $27,897.78 TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 4 PEPPERTREE DRIVE (APN 7572-007-015) (CASE NO. CPM2024-0048); 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 $27,897.78 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 4 Peppertree Drive (APN: 7572-007-015). FISCAL IMPACT: The costs incurred by the Community Development Department for the abatement action plus legal fees were $27,897.78 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/Tech Services] ORIGINATED BY: James Zoren, Code Enforcement Officer REVIEWED BY: Brandy Forbes, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager 3 ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2025- (page A-1) B. Notices to Comply dated March, May and August 2024 (Linked) C. Administrative Citation No. 1692 dated September 2024 (Linked) D. Notice and Order to Abate Public Nuisance dated January 2025 (Linked) E. Signed Abatement Warrant dated March 2025, February 2025 photos and March 2025 abatement completion photos (Linked) F. Public Notice dated July 2025 (Linked) G. Proof of Service Special Assessment and Payment Demand Letter (Linked) BACKGROUND: In March 2024, the City’s Code Enforcement Division provided written notification to the property owner (Peppertree Group LLC) of the property located at 4 Peppertree Drive Assessor Parcel Number (APN) 7572-007-015 that the subject property was in violation of § 8.24.060 of the Rancho Palos Verdes Municipal Code (RPVMC), which included an accumulation of junk, refuse, rubbish, lumber, and similar debris located on the subject property (Attachment B). The subject property is a vacant lot located on the east side of Peppertree Drive just north of Palos Verdes Drive South in the Portuguese Bend Community Association (PBCA). The notification also listed action items necessary to bring the property into compliance, including removal of all debris and relocation of vehicles onto paved surfaces. The Code Enforcement Division sent additional notices to the property owner to bring the subject property into compliance in May and August 2024 (Attachment B). Based on noncompliance by the property owner, in September 2024, the Code Enforcement Division sent Administrative Citation No. 1692 (Attachment C) to the property owner in an effort to achieve compliance. In addition, due to the presence of inoperable vehicles on the subject property, a Notice of Intention to Abate and Remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof as a public nuisance was issued to both the property owner and vehicle owners in October 2024. The property owner of the subject property responded to the notice and stated that the vehicles were under different ownership and placed on the subject property without permission. Subsequently, the notice was rescinded. After no progress to achieve voluntary compliance on the part of the property owner of the subject property, in December 2024, the 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 §§ 8.24.060 and 8.24.070 of the RPVMC. The violations created a public nuisance because of the junkyard -like conditions on the property. In January 2025, the property owner was provided with a Notice and Order to 4 Abate a Public Nuisance (Attachment D), which provided the property owner with 30 days to address the nuisance by abating all of the junk, rubbish, refuse, lumber, and similar debris. In addition, in January 2025, a Notice of Intention to Abate and Remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts was issued to the vehicle owner of the inoperable vehicles on the subject property, which were ultimately abated by the City’s Community Development Department and subject to a separate spe cial assessment request. Pursuant to § 8.24.080 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 Los Angeles County Superior Court in order to allow the City to abate the nuisance on the property. On March 11, 2025, a signed Order to Abate Warrant (Attachment E) was obtained from the Los Angeles County Superior Court, and the Community Development Department’s contractor, Ocean Blue, proceeded with the abatement for the junk, rubbish, refuse, lumber and similar debris on the subject property, which was ultimately completed on March 19, 2025 as documented in the photographs provided in Attachment E. DISCUSSION: Pursuant to § 8.24.120 of the RPVMC, in July 2025, the City provided notice (Attachment F) 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 lien on the subject property to recover costs incurred for the abatement order based on the payment demand letter (Attachment G). 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 lien on the subject property to fully recover City-incurred costs totaling $27,897.78 associated with the abatement discussed herein. The costs incurred include Ocean Blue’s services, disposal fees, the City Attorney’s time, and City Staff’s time. 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 $27,897.78, 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. Staff has continued to monitor this property. There has not been any additional code 5 complaints received. At the time of the latest inspections on July 28, 2025, no code violations have been observed on the subject property (4 Peppertree Drive). ADDITIONAL INFORMATION: 2 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, 2 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) confirming the report of public nuisance abatement costs and authorizing a special assessment, in the form of a lien in the amount of $27,897.78 to recover abatement costs on the property located at 4 Peppertree Drive (APN: 7572-007-015) and direct Staff to submit to the Los Angeles County Auditor/Controller for collection the confirmed nuisance abatement costs of $27,897.78 and to prepare and cause to be recorded in the Office of the Los Angeles County Recorder appropriate notices of liens for the property located at 4 Peppertree Drive (APN: 7572-007-015). 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 APN:7572-007-015, 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. 6 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 $27,897.78, TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 4 PEPPERTREE DRIVE (APN 7572-007-015) (CASE NO. CPM2024-0048) WHEREAS, in March 2024, the City’s Code Enforcement Division notified the owner, Peppertree Group LLC, of the property located at Assessor Parcel Number (APN): 7572-007-015, in writing, that the subject property was in violation of Section 8.24.060 of the Rancho Palos Verdes Municipal Code (“RPVMC”) related to an accumulation of junk, refuse, rubbish, lumber, and similar debris 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 March 2024, May 28, 2024, and August 20, 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 junk, rubbish, refuse, lumber, and related debris; WHEREAS, following the deadline for voluntary compliance provided in the Notice to Abate, the City Attorney’s Office proceeded with obtaining a warrant from Los Angeles County Superior Court in order to allow the City to abate the public nuisance on the property; WHEREAS, in March, 2025, the City obtained a signed abatement warrant from the Los Angeles County Superior Court; WHEREAS, in March 2025, the City’s Code Enforcement Division proceeded with executing the signed abatement warrant, by abating all junk, refuse, rubbish, lumber, and similar debris and all other public nuisance conditions surrounding neighboring properties; 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-1 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, in July 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; and WHEREAS, in July, 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 $27,897.78; 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 4 Peppertree Drive (APN: 7572-007-015), 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 $27,897.78 for the property located at 4 Peppertree Drive (APN: 7572-007-015), 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-2 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 A-3