Loading...
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. Resolution 627 -1- 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. R6solution 627 -2- 1 1 9- 1 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 1 1 I—,