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none, , Resolutions & Approval ConditionsFEB 23 '93 09:Z2 02 RECORDING REQUESTED BY COUNTY OF'LOS ANGELES WHEN RECORDED MAIL TO DEPARTMENT OF PUBLIC WORKS PROPERTY REHABILITATION, THIRD FLOOR 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 36'73'7 a F. . 1 Space above this line for Recorder's use DECLARATION OP SUBSTANDARD PROPERTY !FREE 1 Z I Notice is hereby given that pursuant to the provisions of Section 9915 of the City•of Rolling Hills Building Code, the property described below has been inspected and found to be substandard, as defined in Section 9905 of the above Code and the owner has been or will be so notified. This document will be terminated only when the City Building Official finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the City, or that any such costs have been repaid to the City, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 38773.5 of the Government Code. Detailed information may be obtained by contacting the County Engineer, Building and Safety Division, Property Rehabilitation Section. LEGAL DESCRIPTION RECORD OF SURVEY AS PER BK 57 P 4 TO 8 OF RECORD OF SURVEYS LOT 34 RECORDED IN OFFICIAL RECORDS ADDRESS: 62 Portuguese Bend Road, Rolling Hills RECORDER'S OFFICE LOS ANGELES COUNTY . 7567-012-038 CALIFORNIA OWNER: James B. Evans and Sonya R. Evans DATE: March 5 STATE OP CALIFORNIA ) COUNTYOF LOS ANGELES) 31 MIN. 12 P.M.MAR 5 1992 PAST. CITY OP ROLLING HILLS CITY BUILDING OFFICIAL CLARISSA WATSON District Engineering Associate On March 5, 1992 before me, CHARLES WEISSBURD, Registrar- Recorder/County Clerk of the County of Los Angeles, personally appeared Clarissa Wagon District Enaineer'ng Associate personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, 2 have here set my hand. PR-l16C Rev. (05/91) CW:SH:csc B-6 12.02 CHARLES WEISSBURD, REGISTRAR-RECORDER/COUNTY CLERK of the County of Los Angeles By • o wirm Deputy County Clerk post -It'" brand fax transmittal memo 7671 I e or pages ► Z To from LOLf. (» C I` - 1w. CL A g (c.F Co. Lot..t H I L L S co. * S Dept. Pnone r' l ,) 534 374 u OI,aL�/-(%'i. Fax» 1 IF" * r-51v137?- 7285 (310) 53ti�- • • RESOLUTION NO. 695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 62 PORTUGUESE BEND ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Chapters 8.24 and 8.28 of the Rolling Hills Municipal Code, on April 3, 1992 the City of Rolling Hills notified Mr. and Mrs. James Evans, owners of certain real property in the City of Rolling Hills, commonly known as 62 Portuguese Bend Road (Lot 34-FT) that the property, located in an active landslide area, contained the remnants of a concrete foundation, slab, walks, driveways, debris, and sewage disposal system, and had been determined to be a public nuisance. The letter directed that the conditions be corrected within 15 days, otherwise the City would hold a public hearing on April 27, 1992 in the City Council Chambers of City Hall to hear any protests the owners might have to the abatement of the nuisance. The City then rescheduled the public hearing for May 11, 1992 at the request of the property owners who reside in Winter Haven, Florida, due to the circumstances of distance and time. Section 2. On May 11, 1992, May 26, 1992, July 27, 1992, August 24, 1992, September 14, 1992, September 28, 1992, October 26, 1992, and November 23, 1992, and at a field trip visit on November 5, 1992, the City Council held public hearings to allow the property owners and any other interested parties to testify and submit evidence regarding the condition of the property located at 62 Portuguese Bend Road. Mr. and Mrs. Evans appeared at the May 11, 1992 public hearing and were subsequently apprised of the continued proceedings by written correspondence and telephone. Section 3. Based on the written and oral testimony presented and visual inspection of the property, the City Council concludes that a public nuisance exists on the property pursuant to Chapters 8.24 and 8.28 of the Rolling Hills Municipal Code. This conclusion is based on the following findings: A. The property located at 62 Portugues Bend Road is located in an active landslide area known as the Flying Triangle in the City of Rolling Hills. The conditions described in Section 1 above exist on the property. B. The property located at 62 Portuguese Bend Road had once been improved with a large home. However, due to the landslide, the home had suffered extensive damage. At least, as early as March of 1985, the City notified the property owners, Mr. and Mrs. James Evans, that the structure on the property was unsafe and had to be removed. The property owners removed the actual structure, but left the structure's concrete foundation on the property. • • RESOLUTION NO. 695 PAGE 2 C. City inspection conducted in February, 1982, indicated not only that the foundation remained, but that its condition was cracked and broken. The condition of the foundation is open to public view and can be seen clearly and unmistakably. The condition of the property has become worse over the years. as more concrete has broken up and more debris has accumulated on the property. Inattention to the property has resulted in deterioration of its condition and appearance. The City sent notices of violation to Mr. and Mrs. Evans in March, 1992 and April, 1992; and Wardle Clarke, a building inspector for the City of Rolling Hills, indicated to the property owners that the concrete foundation was a hazard in that continued movement in the landslide area could cause the foundation and debris to slide onto neighboring properties, injuring persons, animals, and property. Later, it was discovered that large fissures were also present on the property, creating a hazard. D. Loose debris on the property is hazardous and unsightly and constitutes a substandard condition within the meaning of Chapter 99 of the Building Code. It is an attractive nuisance and detrimental to public safety. E. Remaining remnants of concrete•walks, decks, walls, and motor court are in a hazardous condition., are unsightly and constitute a substandard condition within the meaning of Chapter 99 of the Building Code. These materials are an attractive nuisance and detrimental to public safety. F. The pool and foundation remnants are hazardous and unsightly. These materials are an attractive nuisance and detrimental to public safety. G. The fissures on the property are dangerous and in addition, allow for infiltration of rain and runoff into the landslide plane. which causes lubrication of the slide and accelerates slide movement. Section 4. The City Council found, pursuant to Section 8.24, that the above conditions are injurious to public health and safety, interfere with the comfort and enjoyment of property and are injurious to the stability of real property, thereby constituting a nuisance. The Municipal Code provides that owners of property must maintain their property free of any nuisance. Section 5. Accordingly, at the conclusion of the hearing on November 23, 1992, the City Council ordered that the above - described nuisance conditions be abated as follows, and in accordance with the following timetable: • • RESOLUTION NO. 695 PAGE 3 A. Within fifteen (15) days of the receipt, of a letter sent by certified and regular mail on November 25, 1992, the property owners were ordered to remove from the subject property all loose debris located on the property, including but not limited to, boards, pipes, discarded material and ether sv.ch material. B. Within thirty (30) days of the receipt of a letter sent by certified and regular mail on November 25. 1992, the property owners were ordered to: 1. Excavate concrete walks, decks, retaining walls, asphalt driveway and motor court and place the material into the swimming pool; and 2. Retain the services of a registered civil engineer to prepare a study regarding the availability of soil on the site to fill all fissures and cover over the pool and the foundation. The study is to be completed and a copy delivered to the City within the thirty day time frame. Mr. and Mrs. Charles Raine stated on the record that they would make available to the property owners all soil which has accumulated on their property at 2 Pinto Lane (Lot 35-FT) for this purpose, and would allow the owners to enter their property to remove such soil. C. Within forty-five (45) days of of the receipt of a letter sent by certified and regular mail on November 25, 1992, the property owners were ordered to: 1. Implement the plan prepared by the civil engineer and approved by the City to fill all fissures on the property and cover the pool and foundation with soil on the site and from 2 'Pinto Lane (Lot 35-FT). It may be necessary for the property owners to obtain permits for this work; if so, the City will expedite issuance of such permits and not count the time required for issuance towards the deadline. 2. If it is not possible to completely cover the pool and foundation, a substantially built six (6) foot chain link fence must be constructed around the pool and foundation area. The fissures must be filled. Section 6. If the nuisance is not abated as specified herein, then the City Manager is directed pursuant to Section 8.24.060 to cause the nuisance to be abated by the City, and also is directed to notify the property owners 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 RESOLUTION NO. 695 PAGE 4 to the City which shall constitute a lien upon the property. Section 7. 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 62 Portuguese Bend Road. Section 8. This resolution affirms and ratifies the action taken by the City Council on November 23, 1992 and effective on that date. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 1992. MAYOR ATTEST: DEPUTY CITY CLERK The foregoing Resolution No. 695 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 62 PORTUGUESE BEND ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council at a meeting on December 14, 1992 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DEPUTY CITY CLERK