ResolutionNo1380_20PBR_NoticeToAbate_FResolution No. 1380
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RESOLUTION NO. 1380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS DECLARING A DEAD TREE ON A PROPERTY LOCATED AT 20
PORTUGUESE BEND ROAD TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF (LOT 58-A-RH) (DYER)
The City Council of the City of Rolling Hills does hereby find, resolve and order as
follows:
Section 1. Recitals.
A. It is the duty of every person that owns or is in possession of any property,
place or area within the boundaries of the City to maintain the property, place or area free
from any nuisance. (Rolling Hills Municipal Code Section 8.24.020.) Section 8.30.010
(Dead or alive tumbleweeds and dead trees, shrubs, palm fronds or other plants as public
nuisance) of the Rolling Hills Municipal Code states: “Every person who owns or is in
possession of any property, place or area within the boundaries of the City shall, at his or
her own expense, maintain the property, place or area free from any dead or alive
tumbleweed or dead tree, shrub, palm frond or other plant. Any dead or alive tumbleweed
or dead tree, shrub, palm frond or other plant located on any property in the City is hereby
declared to be a public nuisance.” (Emphasis added.) Any condition in violation of
Chapter 8.30 is a public nuisance. (Rolling Hills Municipal Code Section 8.30.010(A).)
B. On April 22, 2024, City Staff was alerted to the fact that there is a dead pine
tree located along Portuguese Bend Road a few hundred feet north of Saddleback Road
and Poppy Trail on the east side of the road. After some research, staff determined the
dead tree was located at 20 Portuguese Bend Road (Lot 58-A-RH) (hereinafter referred
to as the “Subject Property”). The dead tree is clearly visible from the street, is a fire
hazard, and an eyesore.
C. On May 23, 2024, City Staff notified the owners of the Subject Property, Mr.
and Mrs. Terry and Margaret Reiter (“Property Owners”), that the dead tree and any other
overgrown/dead vegetation found on the Subject Property is in violation of Rolling Hills
Municipal Code Section 8.30.010 and must be removed. Section 8.24.010 reads, “For
the purposes of this chapter, a "nuisance" shall be defined as anything which is injurious
to health or safety, or is indecent or offensive to the senses, or an obstruction to the free
use of property or injurious to the stability of real property so as to interfere with the
comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use,
in the customary manner, of any street, and affects at the same time an entire community
or neighborhood, or any considerable number of persons, although the extent of the
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annoyance or damage inflicted upon individuals may be unequal.” City Staff indicated that
said items must be removed no later than June 6, 2024. This deadline passed and the
Property Owners failed to make a good faith effort towards abatement of the nuisance
condition on the Subject Property.
D. On June 6, 2024, City Staff sent a second notice to the Owners and
indicated that said items must be removed no later than June 20, 2024. This deadline
passed and the Property Owners failed to make a good faith effort towards abatement of
the nuisance condition on the Subject Property.
E. On August 13, 2024, City Staff sent a Notice to Abate to the Property
Owners that required the Owners to abate the identified nuisance within 15 days from the
date of the Notice, or August 28, 2024. If the conditions in the Notice were not abated, or
if the Property Owners failed to make a good faith effort toward abatement to the
satisfaction of the City Manager by August 28, 2024, then a hearing would be scheduled
before the City Council on September 23, 2024.
Section 2. Pursuant to Sections 8.24.040 and 8.24.050 of the Rolling Hills
Municipal Code, the City Council conducted a hearing on September 23, 2024, to
consider any protest of the Property Owner, possessor or other interested person
regarding the condition of the Subject Property.
Section 3. Upon consideration of the staff report, related documents and the
evidence presented at the time of the hearing, the City Council determines that the
property at 20 Portuguese Bend Road constitutes a condition that is injurious to the public
health, safety and welfare by violating Section 8.30.010 of the Rolling Hills Municipal
Code such that it is a public nuisance pursuant to Chapter 8.24 of the Rolling Hills
Municipal Code.
Section 4. In accordance with the foregoing, and because it is the duty of
property owners to maintain their properties free of nuisances, the City Council orders
that the Property Owners remove the dead tree on the Subject Property within 30 days of
the date of this Resolution but no later than October 23, 2024. In the event the property
owners fail to complete the measures specified above by the specific dates the City will
perform the corrective measures at the Property Owners’ expense as authorized in
Section 8.24.060 of the Rolling Hills Municipal Code.
Section 5. If the nuisance is not abated as specified herein, then the City
Manager is directed to cause the nuisance to be abated by the City by seeking an
Abatement Warrant from the local Superior Court, and also is directed to notify the
property owner in writing by certified mail and regular mail of the cost of removal of the
nuisance and that payment in full for removal of the nuisance is due to the City within 10
days of the date of mailing of the notice. If the total cost of abating the nuisance is not
paid to the City within 10 days after the date of the notice, the City Clerk shall record, in
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the Office of the County Recorder, a statement of the total balance due to the City, which
shall constitute a lien upon the property in accordance with section 8.24.080 of the Rolling
Hills Municipal Code.
Section 6. The City Clerk is hereby directed to send a copy of this resolution by
certified and regular mail to the owners of the property located at 20 Portuguese Bend
Road.
Section 7. This resolution shall take effect immediately on September 23, 2024.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER, 2024.
______________________________
LEAH MIRSCH
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
Resolution No. 1380
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1380 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS DECLARING A DEAD TREE ON A PROPERTY LOCATED AT 20
PORTUGUESE BEND ROAD TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF (LOT 58-A-RH) (DYER)
was approved and adopted at a regular meeting of the City Council on the 23rd day of
September 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK