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ResolutionNo1401_77PortugueseBendRd_AbatementHearing_F_EResolution No. 1401 1 RESOLUTION NO. 1401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING DEAD AND OVERGROWN BRUSH ON A PROPERTY LOCATED AT 77 PORTUGUESE BEND ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF (LOT 089-RH) (SHEN AND SAI) THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA 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 or around February 22nd, 2025, City Staff was alerted to the fact that there is dead and overgrown brush located on the property at 77 Portuguese Bend Road (Lot 089-RH) (hereinafter referred to as the “Subject Property”). The dead and overgrown brush is visible from neighboring property and presents a fire hazard. C. On February 27, 2025, City Staff notified the owners of the Subject Property, Mr. Ying Sai and Ms. Wei Min-Shen (“Property Owners”), that the dead and overgrown brush 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 annoyance or damage inflicted upon individuals may be unequal.” City Staff indicated that said items must be removed no later than March 13th, 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 March 25th, 2025, City Staff sent a second notice to the Owners and indicated that said dead and overgrown brush must be removed no later than April 8th, 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. Resolution No. 1401 2 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 declares that the property at 77 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 and overgrown brush 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 shall constitute a lien upon the property in accordance with section 8.24.070 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 77 Portuguese Bend Road. Section 7. This resolution shall take effect immediately on December 9th, 2025. PASSED, APPROVED AND ADOPTED this 9th day of December, 2025.