0627RESOLUTION NO. 627
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS
DECLARING A CERTAIN BROKEN
FOUNDATION LOCATED AT 53 PORTUGUESE
BEND ROAD TO BE A PUBLIC NUISANCE
AND ORDERING THE REMOVAL 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, the City of Rolling Hills notified
Lev and Tatiana Shabsis ("Shabsis") and Igor and Olga Schnaider
("Schnaider"), owners of certain real property in the City of
Rolling Hills, commonly known as 53 Portuguese Bend Road, that
the broken foundation that exists on the subject property has
been determined to be a public nuisance and must be removed
within 15 days, otherwise the City would hold a public hearing on
November 26, 1990 in the City Council Chambers of City Hall to
hear any protests the owners might have to abatement of the
nuisance. The City sent such notification on November 7, 1990.
Section 2: On November 26, 1990, the City Council held
a public hearing to allow the property owners and any other
interested party to testify and submit evidence regarding the
broken foundation located at 53 Portuguese Bend Road.
Section 3: Based upon the staff report, and the
evidence presented at the time of the hearing, the City Council
makes the following findings of fact:
a. The property located at 53 Portuguese Bend Road is
located in an active landslide area known as the Flying Triangle
in the City of Rolling Hills.
b. The property located at 53 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 1984, the City notified the then -property
owners, Mr. and Mrs. William Clayton, 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 foundation
on the property.
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c. City inspection conducted in 1987 and 1989
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 City sent notices of violation to Mr. and Mrs.
Clayton in 1987 and 1989; and Wardie Clark, a building
inspector for the City of Rolling Hills'by virtue of a contract
with the County of Los Angeles, indicated to the property owners
that the concrete foundation was a hazard in that continued
movement in the landslide area could cause the foundation to
slide onto vehicular rights of way, injuring pedestrians and
traffic.
d. The current property owners, Shabsis and Schnaider,
purchased the property in 1990. At no time under either the
Clayton's ownership of the property or under the current property
owner's ownership has the broken foundation been removed.
e. The foundation, located in an active landslide
area, is a hazard in that it endangers vehicular traffic by
encroaching onto the adjacent roadway. The movement of the
landslide has already caused extensive damage to the foundation,
causing breaks and fissures in its integrity and thereby causing
the property to be substandard. The movement of the landslide
will further damage the foundation and continually cause it to
slide or fall onto neighboring properties or onto Portuguese Bend
Road. Further, the foundation is unsightly in its current
condition.
Section 3: Therefore, the City Council finds and
determines that the broken foundation located at 53 Portuguese
Bend Road is a public nuisance pursuant to Chapters 8.24 and 8.28
of the Rolling Hills Municipal Code in that such foundation .
endangers neighboring properties and Portuguese Bend Road, and is
injurious to the public health, safety and welfare.
Section 4: The City Council orders that the broken
foundation located at 53 Portuguese Bend Road, and any debris
associated therewith, be removed by November 30, 1990.
Section 5: If the nuisance is not abated as specified
herein, then the City Manager is directed to cause the nuisances
to be abated by the City, 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
nuisances is not paid to the City within 10 days after the date
of 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 subject property.
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Section 6: The City Clerk is hereby direct to send a
copy of this resolution by certified and regular mail to the
owners of the property located at 53 Portuguese Bend Road.
Section 7: This resolution shall take effect
immediately on November 26, 1990.
1990.
ATTEST:
PASSED, APPROVED AND ADOPTED this 26th day of November,
City Clerk
G:\V0l1\EMC\53PBR.RES
Resolution 627 -3-
foiAV mayor
The foregoing Resolution No. 627 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
DECLARING A CERTAIN BROKEN FOUNDATION LOCATED AT 53 PORTUGUESE
BEND ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE REMOVAL
THEREOF
was approved and adopted at a regular meeting of the City Council
on November 26, 1990 by the following roll call vote:
AYES: Councilmembers Murdock, Leeuwenburgh, Swanson; Mayor
Heinsheimer
NOES: None
ABSENT: Mayor Pro Tem Pernell
ABSTAIN: None
Deputy qityClerk
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