0689RESOLUTION NO. 68.9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DECT-ARING THE CONDITION OF THE
PROPERTY LOCATED AT 63 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. the City of Rolling Hills notified Lee
Karafin, BLS Inc., Raymond D. Claverie and Elsie C. Claverie, FBO
Raymond D. Claverie, owners of certain real property in the City of
Rolling Hills, commonly known as 63 Portuguese Bend Road (Lot 14 -
FT) that the inoperable vehicle stored on the property, the damaged
swimming pool, the overgrown vegetation, and the house situated
thereon, have been determined to be a public nuisance and that they
must be removed 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 sent notification on April 3,
1992. The City then rescheduled the public hearing for May 11,
1992. Thereafter, the City received copies of grant deeds, dated
April 14, 1992, which showed that the title of the property had
changed hands and that the new owner was Jerry Marshak. Mr.
Marshak contacted the City regarding the status of the nuisance and
the City staff acknowledged the new owner and advertised the public
hearing for May 11, 1992.
Section 2. On July 1, 1992, when the City discovered that
there was a co-owner, the City sent notification to Mr. Guy
Sullivan of the nuisance abatement proceedings.
Section 3., On May 11, 1992, June 22, 1992, and July 13, 1992,
the Citv Council held public hearings to allow the property owners
and anv other interested parties to testifv and submit evidence
regarding the condition of the property located at 63 Portuguese
Bend Road. Neither property owner appeared at the public hearings.
However, their representative, Ms. Myrna Culbreat.h. was _present an(i
had an opportunity to speak.
Section 4. Based upon staff reports, and the evidence
presented at the time of the hearings, the City Council made the
following findings of fact:
a. The property located .at 63 Portugues Bend Road is located
in an. active landslide area known as the Flying Triangle in the
City of Rolling Hills.
RESOLUTION NO. 689
?AGE 2
b. The property is improved with a single family residence,
a pool and a stable. Due to the landslide, the swimming pool has
become damaged and cracked; further the home has slid off of its
foundation and is balanced on steel girders. Remedial structural
repairs have been made to secure the home on its foundations.
While it does not yet endanger neighboring roads or properties,
continued movement due to the landslide could cause such danger.
C. City inspections in 1991 demonstrated that the house was
open and vacant. Scattered throughout was junk and debris, as well
as discarded household furnishings. Further, the floors were quite
noticeably slanted due to the house's slide off of its foundation.
The site inspections also revealed a broken down and abandoned
vehicle on the premises as well as. a cracked pool and overgrown
vegetation. The pool's concrete foundation was damaged in the
landslide, and it continues to suffer damage as the ground moves.
In its current condition, it cannot be used; further it is
unsightly and causes visual blight. Due to its location in a
landslide, its condition will only worsen. At the time the City
sent the notice to abate public nuisance, there was an abandoned
and inoperable automobile on the property. The vehicle was removed
on July 17, 1992. The overgrown vegetation on the property which
constituted a fire hazard has been partially trimmed . However,
the property needs further weed abatement in order to meet Fire
Department requirements and in order to remove all risk of a fire
hazard.
d. .In November of 1991, the City posted a notice of
substandard property at the site apprising the property owners of
the unsafe and unsightly conditions that exist on the property.
Only at the admonition of the City Council, has any action been
taken to put the house back on proper foundations, to remove the
vehicle and the pool, or to trim the vegetation.
Section 5. Therefore, the City Council finds and determines
that (1) The inoperable automobile has been removed; (2) The
vegetation has only been partially trimmed and still constitutes a
fire hazard; therefore, the matter has been forwarded to the County
Agricultural Department to complete the weed abatement; and (3) The
damaged pool on the property constitutes a public nuisance pursuant
to Chapters 8.24 and 8.28 of the Rolling Hills Municipal -Code in
that it is unsightly and injurious to the public health, safety and
welfare.
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RESOLUTION NO. 689
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Section 6. The City Council orders that the damaged pool be
filled in and any debris associated therewith be removed from the
property by August 12, 1992. In the alternative, the property
owners shall submit plans, prepared by a certified civil engineer,
for the repair or reconstruction of the pool by August 12, 1992.
If such plans are submitted, the City Council orders that any
remedial work required by the plans be completed in a timely and
efficient manner by November 12, 1992.
Section 7. If the nuisance is not abated as specified herein,
then the City Manager is directed 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 to the City which shall
constitute a lien upon the property.
Section 8. 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 63 Portuguese Bend Road.
Section 9. This resolution shall take effect immediately on
July 27, 1992.
PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF -JULY, 1992.
MAYOf; 17� P" TEM
ATTEST:
DEPU Y CITY CLEk
RESOLUTION NO. 689
PAGE 4
The foregoing Resolution No. 689 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DECLARING THE CONDITION OF THE
PROPERTY LOCATED AT 63 PORTUGUESE BEND ROAD TO
BE A PUBLIC NUISANCE AND ORDERING THE ABATEKENT
THEREOF
was approved and adopted at a regular meeting of the City Council
at a meeting on July 27, 1992 by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Heinsheimer and
NOES: Pernell; Mayor-Fto Tem Murdock,
None.
ABSENT: Mayor Swanson.
ABSTAIN: None.
ATTEST:
Cbt-eaJ �/p��
DEPUTY Oi TY CLERK q
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