0695RESOLUTION 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.
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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 Wardie 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. I
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:
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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 other such 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
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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.
ATTEST:
k
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: Councilmembers Leeuwenburgh, Pernell, Heinsheimer and
Mayor Swanson.
NOES: None.
ABSENT:Mayor Pro Tem Murdock.
ABSTAIN: None.
ATTEST:
DEPUTY CI7Y CLERK
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