ResolutionNo1400_6RunningBrandRoad_AbatementHearing_F_EResolution No. 1400
1
RESOLUTION NO. 1400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DECLARING A DETERIORATED
RETAINING WALL AND DEBRIS ON A PROPERTY
LOCATED AT 6 RUNNING BRAND ROAD TO BE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT
THEREOF (LOT 024-A-RH) (HE)
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
8.24.010 (Nuisance defined.) of the Rolling Hills Municipal Code states: “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 annoyance or damage inflicted upon individuals may be unequal.
Notwithstanding any provisions of this chapter, the City Council may define by
ordinance any particular condition constituting a nuisance.” Any condition in violation of
Chapter 8.24.010 is a public nuisance. (Rolling Hills Municipal Code Section 8.24.010.)
B. On or around April 22, 2025, City Staff was alerted to the fact that there is
a deteriorated retaining wall and debris scattered on the downslope located on the
property at 6 Running Brand Road (Lot 024-A-RH) (hereinafter referred to as the
“Subject Property”). The deteriorated retaining wall and debris is visible from
neighboring property and presents a fire hazard and a visual blight.
C. On May 27th, 2025, City Staff notified the owner of the Subject Property, Mr.
Caihong He (“Property Owners”), that the deteriorated retaining wall and debris is in
violation of Rolling Hills Municipal Code Section 8.24.010 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 annoyance or damage inflicted upon individuals may be
unequal.” City Staff indicated that said items must be removed no later than June 10th,
Resolution No. 1400
2
2025. 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 August 7th, 2025, City Staff sent a second notice to the Owners and
indicated that said deteriorated retaining wall and debris must be removed no later than
August 21st, 2025. 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 November 21st, 2025, 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 December 6th, 2025. 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 December 6th, 2025, then a hearing would be
scheduled before the City Council on December 9th, 2025.
F. On November 21st, 2025 City Staff sent a Notice to the Property Owners
that indicated a hearing would be scheduled before the City Council on December 9th,
2025.
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 December 9th, 2025, 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 6 Running Brand Road constitutes a condition that is injurious to the public
health, safety and welfare by violating Section 8.24.010 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 deteriorated retaining wall and debris on the Subject
Property within 30 days of the date of this Resolution but no later than January 8th, 2026.
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 et seq. of the Rolling Hills Municipal Code.
Section 5. If the nuisance is not abated as specified herein, then the City
Manager is authorized 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
the Office of the County Recorder, a statement of the total balance due to the City, which