0996RESOLUTION NO. 996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY
TRAIL 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 Section 8.24.030 of the Rolling Hills Municipal Code, the City
Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling
Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property
that would potentially aggravate and accelerate an existing landslide. The measures include
sealing renewed tension cracks to prevent water infiltration, demolishing the guesthouse and
removing all debris from the site, flattening the headscarp to a 1:1 slope, covering the entire
affected area with UV resistant plastic sheeting, and installing temporary drainage devices to
divert stormwater from entering the landslide area from locations above the headscarp of the
landslide. The notice directed that the measures be taken within 15 days of the date of the
notice, otherwise the City Council would hold a public hearing on September 26, 2005 in the
City Council Chambers of City Hall to hear any protests the owner might have to the
abatement of the nuisance. On September 2, 2005 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.
Section 2. No action to abate the nuisance has been taken by the property owner.
Consequently, on September 26, 2005, the City Council held a public hearing to allow the City
Manager, the property owner and any other interested parties to testify and submit evidence
regarding the condition of the property located at 1 Poppy Trail. The property owner did not
attend the public hearing. The property owner's attorney, Craig Collins was present and
participated in the hearing.
Section 3. Based upon staff reports, related documents and the evidence presented at
the time of the hearing, the City Council makes the following findings of fact:
a. The property located at 1 Poppy Trail is located in an active
landslide in the City of Rolling Hills. The property is improved with a single family residence,
swimming pool, water feature, stable, tennis court and illegal nonconforming guesthouse.
Inspections of the property demonstrate that the single family residence and guesthouse are
presently uninhabited.
b. Following the activation of the landslide in early 2005, a geologist
engaged by the City, with the property owner's permission, conducted borings and other tests
on the property to better understand the structure of the landslide in order to enable all
interested parties to evaluate their options. A copy of the geologist's report was provided to
the owner of 1 Poppytrail.
c. Currently, the foundation of the guesthouse is exposed from
below and rests at the top of the active landslide. The guesthouse's concrete foundation was
damaged in the landslide, and it continues to suffer damage as the ground moves. The
guesthouse was red -tagged as unsafe to occupy by the County of Los Angeles on March 7,
2005 and 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, and with additional
rain will likely fall into the canyon. Hence, the guesthouse represents a danger to residents,
adjoining properties, public utilities, roads and trails.
d. The driveway on the property has major cracks and portions are
directly involved in the landslide. Irrigation and drainage pipes are open and exposed and
non-functional. The exposed drainage devices, exposed headscarp of the landslide and
unmodified headscarp will permit the intrusion of water into the landslide, that will continue
to adversely impact the stability of 1 Poppytrail as well as that of surrounding properties,
roads and trails.
e. All of the foregoing together or separately, as further described in
the attached correspondence (Exhibit A) represent a public nuisance and a threat to public
safety.
Section 5. On the basis of the foregoing, and of the evidence contained in the record,
the City Council finds and determines that the landslide condition of the property at 1
Resolution No. 996 -1-
Poppytrail, the condition of the guesthouse, the open crevices and fissures, and the exposed
irrigation and drainage pipes and facilities separately and collectively constitute a public
nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and
constitute a condition that is injurious to the public health, safety and welfare. The City
Council further finds that by allowing the above described conditions to remain unabated
through the 2005-2006 winter rainy season, stormwater will further infiltrate the landslide and
will further destabilize the property and the guesthouse, creating a danger to persons and
property in the area.
Section 6. In accordance with the foregoing, and because it is the duty of property
owners to maintain their properties free of nuisances, the City Council orders that the property
owner prepare and submit a written plan to the City within ten (10) days of the adoption of
this Resolution providing for implementation of the corrective winterization measures
described in Section 1 of this Resolution and further described in the attached correspondence
(Exhibit A); further, that the property owner commence implementation of the plan and
performance of the corrective measures on or before October 10, 2005; and, that the corrective
measures be completed by the property owner on or before November 10, 2005. In the event
that the property owner fails to submit a plan and/or fails to commence performance of the
corrective measures by the above-described deadlines, than the City may, on or after October
26, 2005 perform the corrective measures at the property owner's expense as authorized in
Section 8.24.060 of the Municipal Code.
Section 7. In 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 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 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 owner of the property located at 1 Poppy Trail.
Section 9. This resolution shall take effect immediately on September 26, 2005.
PASSED, APPROVED AND ADOPTED THIS 26"' DAY OF-SEPTEUZER, 2005
Godfrey
Mayor
ATTEST:
C g R. Nealis
City Clerk
L
Resolution No. 996 -2-
f'.
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 996 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY
TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT
THEREOF
was approved and adopted at a regular meeting of the City Council on September 26, 2005, by
the following roll call vote:
AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor
Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Craig R. Nealis
City Clerk
Resolution No. 996 -3-
G HiLl EXH
IBIT
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September 2, 2005
VIA CERTIFIED AND REGULAR MAIL
Mr. Ying Ching Sheen
1 Poppy Trail
Rolling Hills, CA 90274
Dear Mr. Sheen:
Mr. Alan Sheen
1 Poppy Trail
Rolling Hills, CA 90274
ir, CR?1RATED jAINUAR'
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
E-mail: cityolrh@aol.com
Mr. James Sheen
60 Crest Road East
Rolling Hills, CA 90274
On July 12, 2005, we sent you the enclosed correspondence informing you of safety
mitigation measures for your property recommended by our consulting geologist. In
that correspondence, we requested that you implement these measures by September
15, 2005. To our knowledge, these measures have not been performed as of this date.
We enclose updated safety mitigation recommendations from our consulting geologist
that are necessary to be implemented on your property to help protect against
aggravation of the existing landslide as we approach the rainy season. These mitigation
measures are outlined in the attached letter dated September 1, 2005.
Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or
Possessor of Property") "every person who owns or is in possession of any property,
place or area within the boundaries of the City shall, at his or her own expense,
maintain the property, place or area free from any nuisance." Rolling Hills Municipal
Code Section 8.28.010 defines any condition on property that has or will aggravate,
enlarge or accelerate an active landslide to be a public nuisance subject to abatement
pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for
your review.
Pursuant to Section 8.24.030, you are hereby directed to implement the following
measures in order to abate conditions on your property that will potentially aggravate
and accelerate the existing landslide:
1. Seal renewed tension cracks to prevent water infiltration.
2. Demolish the guesthouse and remove all debris from the site.
3. Flatten headscarp to 1:1 slope.
4. Cover entire affected area with UV resistant plastic sheeting.
5. Install temporary drainage devices to divert stormwater from
entering landslide area from locations above the head scarp
of the landslide.
The above measures must be implemented by September 15, 2005. You are hereby
notified that if you do not implement the nuisance abatement actions by September 15,
2005, a nuisance abatement hearing will be conducted before the City Council at its
regular meeting on Monday, September 26, 2005 beginning at 7:30 p.m. in the Rolling
Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward,
you will be given an opportunity to present evidence to the City Council regarding the
conditions on your property and regarding this abatement order.
firs
Resolution No. 996 -4-
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Page 2
We have forwarded this correspondence to all of the known addresses we have
regarding this property. We trust that by providing a certified letter to Mr. Craig
Collins that he will forward this letter to you in the event that it is not received at the
addresses listed above. We have also posted this letter at the property.
Should you wish to discuss this further, please do not hesitate to call.
Sincerely,
Craig R. Nealis
City Manager
CRN:mlk
03-29-05sheen-I f r.doc
cc: City Council
City Attorney
Rolling Hills Community Association
Craig Collins, Attorney at Law (certified)
Mike Reader, Group Delta Consultants
Roy Itani, District Engineer
Rafael Bernal, Senior Building Official
Sarah Curran, Drainage/Grading Engineer
Resolution No. 996 -5-
G ROU f)
riSeptember 1, 2005
Project No. L-599 D1
DELTA City 9 of Rollin Hills
I�CL1Y1HY:�:ib7
2 Portuguese Bend Road
Rolling Hills, California 90274
Attn: Craig Nealis, City Manger
Subject: Pre -Road Construction and
Site Winterization Recommendations,
ATV and Temporary Access Roads
Poppy Trail Landslide
Rolling Hills, California
Mr. Nealis:
As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present
this letter to provide pre -construction and winterization for construction
recommendations related to the construction of the ATV road across the Poppy
Trail Landslide and the lower access road.
Currently, GDC is in the process of installing inclinometers in the landslide and
observed the following:
On September 1, 2005, during while installing inclinometers on the midsection of
the Poppy Trail Landslide, it was observed that the landslide was still moving, as
evidence by, there were traverse cracks that paralleled the toe of the landslide
throughout the midsection of the landslide. Diagonal tension/shear cracks were
observed along the north lateral scarp and across the northern section of George FF
Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is
evidence that surface water has ran off the top of the landslide head scarp onto the
landside mass. This water needs to be prevented from flowing onto the landslide
where it can enter the new tension cracks, which can accelerate the movement of the
landslide.
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Resolution No. 996 -6-
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GROUP
DELTA
L-599 D I
Group Delta Consultants. Inc.
2
PRE -CONSTRUCTION AND
WINTERIZATION RECOMMENDATIONS
Poppy Trail Landslide.
City of Rolling Hills
Recognizing the emergency aspect of pre -construction of the proposed roadways
and winterization of the Poppy Trail Landslide, it is recommended that several steps
be taken during the construction of the ATV and the temporary access roads.
1. A small bulldozer should be used to seal the renewed tension cracks that
developed to prevent water infiltration. At this time, the cracks are small but
with time they could grow larger. This can be achieved by pushing soil into
the cracks and track rolling the soil to a tight compaction. The toe of the
landslide should be compacted with a bulldozer to seal any fractures and
loose soil materials.
2. The guesthouse and landslide head scarp pose an emanate danger to
persons traveling on the ATV and temporary access road. Therefore the
guesthouse should be demolished. The demolition debris should not be
stockpiled above the head scarp but taken offsite. After the guesthouse is
removed, the landslide head scarp should be flattened to 1 horizontal to 1 to
reduce rock and debris fall hazards from the scarp. A temporary fence
should be placed on the uphill side of the ATV road to catch any debris that
may fall from above the head scarp. The fence may not be suitable for
retaining large boulders or debris.
3. Before the rainy season, UV resistant plastic sheeting should be placed over
the head scarp to the ATV road and from the ATV road over the toe of the
landslide to prevent water from entering the landslide mass and to prevent
erosion. After the abandonment of the ATV road, the landslide should
eventually be completely covered with the plastic extending over the edges of
the landside and from the laidback head scarp to the toe. Drainage off the
plastic sheeting should be diverted away from the landslide to prevent water
from accumulating on the landslide mass and to protect the temporary
access road below Poppy Trail.
4. Temporary measures should be installed to divert any water collected on the
paved slope ditches and drainage areas above the head scarp. Sand bags, a
makeshift catch basin made of sand bags in a shallow pit and a corrugated
metal or PVC pipe or an "industrial sock drain" could be used for this
purpose. The drainage devices should convey collected water down the
slope away from the landside mass. Care should be taken to convey the
water beyond the current access road and not to allow the water to enter the
toe of the landslide.
5. A more complete inspection should be made of the areas above the
landslide around the guesthouse and tennis court areas. Measures should
Resolution No. 996
-7-
L-599 DI
Group Delta Consultants. Inc.
3
Poppy Trail Landslide
City of Rolling Hills
be taken to prevent any runoff from the properties above from draining onto
the landslide. This includes runoff from the roofs, into drain inlets and into
paved or unpaved ditches since the outlets are unknown at this time. This
may include use of sandbags, installation of temporary pipes, plastic
sheeting, temporary re -grading, (which could require removal of driveways)
and even redirecting the roof gutter down spouts into pipe systems and
diverted away from the landslide mass.
As part of the pre -construction phase of this grading, GDC is installing 3
inclinometers to monitor landslide movement during grading. This data will help
determine the stability of the landslide.
Closure
This letter summarizes the opinion of GDC, based on the limited walkover,
exploration and geological mapping of the landslide, observation of the landside
conditions and the limited review of the subject references.
This evaluation was performed in accordance with generally accepted local
standards using that degree of care and skill ordinarily exercised under similar
circumstances by reputable geotechnical consultants practicing in this or similar
localities. No other warranty, expressed or implied, is made as to the professional
advice included in this report.
The conclusions for this project are, to a high degree dependent upon proper quality
control from the contractor. Consequently, the recommendations are made
contingent on the opportunity of GDC to observe the contractors operations
including slurry, grouting or any excavating. If parties other than GDC are engaged
to provide such services, they must be notified that they will be required to assume
complete responsibility for the geotechnical phase of the project by concurring with
the conclusions in this report or provide alternate recommendations as deemed
appropriate.
GROup
DELTA
Resolution No. 996 -8-
1
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L-599 DI Poppy Trail Landslide
Group Delta Consultants. Inc. 4 City of Rolling Hills
If you have any questions, or if we can be of further service, please do not hesitate to
contact Group Delta Consultants, Inc. at 310-320-5100.
Respectfully Submitted,
GROUP DELTA CONSULTANTS, INC.
SK for Alike Reader
Michael D. Reader, VP, GE
Steven H. Kolthoff, PG, CEG
N:\Projects\500-599\L-599 Rolling Hill Poppy Trail Lands Iide\L-599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail
Landslide - Letter Report #2.doc
GROUP
DELTA
.4�4�Y.a a�iLsyYe,
Resolution No. 996
ME
GODFREY PERNELL. D.D.S.
Mayor
B. ALLEN LAY
Mayor Pro Tem
DR. JAMES BLACK
Councilmember
THOMAS F. HEINSHEIMER
Councilmember
FRANK E. HILL
Councilmember
July 12, 2005
61'. o/Y1 P?na 'A116
Mr. Ying Ching Sheen
I Poppy Trail
Rolling Hills, CA 90274
Dear Mr. Sheen:
24, 19!�7
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 3771521
FAX: (310) 377-7288
E-mail: cityofrhCulaot.com
On March 22, 2005, the City received the attached recommendations from our
consulting geologist for immediate safety mitigation measures for the land movement
involving your property. As you recall, at that time, you provided access agreements
for the City of Rolling Hills to complete several of these mitigation measures. The City
completed mitigation measures number 1 and 2 (2.0 SHORT TERM
RECOMMENDATIONS) described in the attached letter.
Mitigation measures number 3, 4 and 5 still need to be completed. We respectfully
request you to complete these mitigation measures on your property prior to September
15, 2005. Please let us know if you require any assistance with finding a contractor that
can complete this work on your property. 0
We look forward to Your completion of this work. Thank you for your cooperation.
I
Sincerely,
fli *
Craig R. Nealis
City Manager
CRN:mIk
07-11 -05sheen-Undm
cc: Mike Jenkins, City Attorney
Craig Collins, Attorney at Law
Mike Reader, Group Delta Consultants
Ross Bolton, Bolton Engineering
0 0
Resolution No. 996 -10-
E
E
GR'OUP
IMarch 22, 2005
rrProject No. L-599.
r
DELTA
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Attn: Craig Nealis, City Manger
Subject: Summary and Emergency Recommendations
Geotechnical and Geological Evaluation
Poppy Trail Landslide
Rolling Hills, California
Mr. Nealis:
As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present
this letter to provide emergency recommendations related to the Poppy Trail
Landslide of March 11, 2005. Our understanding of the project and
recommendations are outlined below. We have not as yet performed any detailed
geologic mapping, subsurface exploration, laboratory analyses or "engineering
calculations. Rather, our role has only been to advise the City on an emergency
basis to aid in evaluating the overall safety of the subject slide and the affected
residences. As such, this letter is based only on our observations, preliminary
geologic reconnaissance, professional judgment, and a cursory review of published
geologic reports and City records regarding the history of the subject slope.
1.0 SITE SUMMARY
On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills
Homeowners Association to perform a site reconnaissance of a landslide that
occurred the day before and advice the City regarding its condition. During the site
reconnaissance on March 12, 2005, it was noted that a significant landslide had
occurred that completely blocked Poppy Trail near Portuguese Bend Road, below
#1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long,
150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of
the guesthouse. Poppy Trail has been over-ridden by slide debris. To provide
access to homeowners on Poppy Trail, the Home Owners Association was using a
horse trail located down slope from the current road.
Resolution No. 996 -11-
L-599 Poppy Trail Landslide
Group Delta Consultants. Inc. 2 City of Rolling Hills
The slide mass has numerous fractures, mostly in the central portion, that were
observed to extend depths estimated to be up to 20 feet deep. The slide has also
displaced and removed a paved drainage swale near mid -slope. The head scarp falls
within the guestho'use foundation, which has been exposed and red tagged by Los
Angeles County officials.
Many irrigation lines and concrete paved slope drains were noted in the central
portion of the landslide. Irrigation lines, a collector pipe for roof runoff next to the
guesthouse footing and wall debris were noticed in the area of the guesthouse
foundation head scarp.
Since the original site visit, local residents have constructed an access road below
Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new
access road was used to drive the blocked residence automobiles into a safe area on
the other side of the landside and to attempt to improve the road for All Terrain
Vehicle (ATV) use. Lights have been stung along the trail with extension cords and
florescent light bulbs. A water hose was found along the trail with water pressure.
The hose was used for dust control and for the residences to attempt to achieve
proper compaction of the sand and gravel.
2.0 SHORT-TERM RECOMMENDATIONS
Currently, GDC is in the process of performing detailed mapping and drilling of the
landslide. However, at your request and recognizing the emergency aspect of the
situation, it is recommended that several steps be taken.
1. A small bulldozer should be used to seal the surface of the landslide mass
where tension cracks have developed to prevent water infiltration and to
remove the risk of someone slipping and/or failing. This can be achieved by
pushing soil into the cracks and track rolling the soil to a tight compaction.
2. During the bulldozer grading the resulting surface should be sloped for
drainage. Any large trees and brush on the slide should be cut and
removed. The City should consider putting temporary fencing behind the
head scarp and a catchment fence along the toe of the landslide.
3. With time and weather permitting, UV resistant plastic sheeting should be
placed over the head scarp and in the two graben areas as a minimal action
to prevent water from entering the landslide mass and to prevent erosion.
The landslide should eventually be completely covered with the plastic
extending over the edges of the landside. Drainage off of the plastic
sheeting should be diverted away from the landslide to prevent water from
accumulating on the landslide mass and to protect the temporary access
GROUP road below Poppy Trail.
r
DELTA
010KIF111 -1 F.1.3 14
Resolution No. 996 -12-
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L-599
Group Delta Consultants. Inc.
3
Poppy Trail Landslide
City of Rolling Hills
4. Temporary measures should be installed to divert any water collected on the
paved slope ditches. Sand bags, a makeshift catch basin made of sand
bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial
sock drain" could be used for this purpose. The drainage devices should
convey collected water down the slope away from the landside mass. Care
should be taken to convey the water beyond the current access road and not
to allow the water to enter the toe of the landslide.
5. A more complete inspection should be made of the areas above the
landslide around the guesthouse and tennis court areas. Measures should
be taken to prevent any runoff from the properties above from draining onto
the landslide. This includes runoff from the roofs, into drain inlets and into
paved or unpaved ditches since the outlets are unknown at this time. This
may include use of sandbags, installation of temporary pipes, plastic
sheeting, temporary re -grading, (which could require removal of driveways)
and even redirecting the roof gutter down spouts into pipe systems and
diverted away from the landslide mass.
6. NOTE: The top of the slide is a near vertical slope about 30 feet hiqh.
This scarp is hiqhlv unstable and care should taken durinq anv bulldozer
work. plastic sheeting or sandbagginq to not further de -stabilize the
scarp, or endanqer personnel by workinq too close to the top or bottom
of the scarp.
As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes.
Since the landside might not be accessible, the borings will be drilled below the
landslide to determine the stability of the temporary access road and on Poppy Trail.
This data will help determine the soil and rock quality and if the site is on a larger
landslide. Aerial photos will be analyzed as part of this first phase. Cross-sections
would be drawn based on the mapping, down -hole logging and observed landslide
geometry. This data will be used to select locations and depths for borings.
GROUP
rr
DELTA
OLOM-19061alA
Resolution No. 996
-13-
L-599 Poppy Trail Landslide
Group Dclta C011SUltants. Inc. 4 City of Rolling Hills
This letter summarizes the opinion of {]DC, based on the United walkover and
observation of the |mndside conditions and the limited review of the subject
references. We� have not as yet performed any detailed geologic mapping,
subsurface exploration, laboratory analyses orengineering calculations. RaLher, our
role has only been toadvise the City onanemergency basis t0aid inevaluating the
overall safety Of the subject slide and the affected residences. As such, this letter is
based only on our obscnadons, preliminary geologic reconnaissance, professional
judgment, and o cursory review of published geologic reports and City records
regarding the history ofthe subject slope.
|fyou have any questions, orifv/ecan beCf further service, please donot hesitate ho
contact Group Delta Consultants, Inc. at 310-320-5100.
Respectfully Submitted,
GROUP DELTA CONSULTANTS, INC.
�
Michael D. Reader, VP, GE
L-599 RH Poppy Trail Landslide - Letter Report P I
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14-
Resolution No. 9gh -
Steven H. Kolthoff, PG, CEG
L-599 Poppy Trail Landslide
Group Delta Consultants. Inc. 5 City of Rolling Hills
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ROLLING HILLS MUNICIPAL CODE
Chapter 8.24
ABATEMENT OF NUISANCES
Sections:
1
8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall
be defined as anything which is injurious to health or safety, or is indecent or offensive
to the senses, or an obstruction to the free use of property or injurious to the stability of
real property so as to interfere with the comfortable enjoyment of life or property, or
unlawfully obstructs the free passage or use, in the customary' manner, of any street,
and affects at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon
individuals may be unequal.
Notwithstanding any provisions of this chapter, the city council may define by
ordinance any particular condition constituting a nuisance. (Ord. 190 §1(part),1981).
8.24.020 Duty of owner or possessor of property. Every person who owns or is
in possession of any property, place or area within the boundaries of the City shall, at
his or her own expense, maintain the property, place or area free from any nuisance.
(Ord. 190 §1(part), 1981).
8.24.030 Notice to abate nuisance. Whenever the City Council determines that a
nuisance exists upon any property, place or area within the boundaries of the City, the
City Manager may notify in writing the owner or person in possession of the property,
place or area to abate the nuisance within fifteen days from the date of the notice. The
notice shall be given by registered or certified mail addressed to the owner or person in
possession of the property, place or area at his last known address. (Ord. 190 §1(part),
1981).
8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the
nuisance is not abated or good -faith efforts towards abatement not been made to the
satisfaction of the City Manager within fifteen days from the date thereof, a hearing
shall be held before the City Council to hear any protest of the owner, possessor or
other interested person. The notice shall specify the time, date and place of the hearing,
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8.24.010
Nuisance defined.
8.24.020
Duty of owner or possessor of property.
8.24.030
Notice to abate nuisance.
8.24.040
Notice to abate nuisance --Contents.
8.24.050
Hearing and decision.
8.24.060
Abatement by city --Notice of charge.
8.24.070
Lien.
8.24.080
Charges to be billed on tax bill.
8.24.090
Court action.
8.24.100
Summary abatement.
1
8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall
be defined as anything which is injurious to health or safety, or is indecent or offensive
to the senses, or an obstruction to the free use of property or injurious to the stability of
real property so as to interfere with the comfortable enjoyment of life or property, or
unlawfully obstructs the free passage or use, in the customary' manner, of any street,
and affects at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon
individuals may be unequal.
Notwithstanding any provisions of this chapter, the city council may define by
ordinance any particular condition constituting a nuisance. (Ord. 190 §1(part),1981).
8.24.020 Duty of owner or possessor of property. Every person who owns or is
in possession of any property, place or area within the boundaries of the City shall, at
his or her own expense, maintain the property, place or area free from any nuisance.
(Ord. 190 §1(part), 1981).
8.24.030 Notice to abate nuisance. Whenever the City Council determines that a
nuisance exists upon any property, place or area within the boundaries of the City, the
City Manager may notify in writing the owner or person in possession of the property,
place or area to abate the nuisance within fifteen days from the date of the notice. The
notice shall be given by registered or certified mail addressed to the owner or person in
possession of the property, place or area at his last known address. (Ord. 190 §1(part),
1981).
8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the
nuisance is not abated or good -faith efforts towards abatement not been made to the
satisfaction of the City Manager within fifteen days from the date thereof, a hearing
shall be held before the City Council to hear any protest of the owner, possessor or
other interested person. The notice shall specify the time, date and place of the hearing,
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which shall be set for the regular meeting of the Council next following the expiration
of the fifteen -day period. (Ord. 190 §1(part),1981).
8.24.050 Hearine and decision. If the nuisance is not abated or good faith efforts
towards abatement have not been made within the time set forth in Section 8.24.030, the
City Council shall conduct a hearing at the time and place fixed in the notice at which
evidence may be submitted by interested persons. Upon consideration of the evidence,
the Council may declare the condition to constitute a public nuisance and order the
abatement thereof. The decision of the City Council shall be final. The City Clerk shall
notify all owners and possessors of the subject property, place or area of the decision of
the Council. (Ord. 190 §1(part), 1981). 1
8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by
a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days
after the date of notice, the City Council is authorized to cause the abatement of the
nuisance and pay for the abatement. The City Council shall notify, in writing, the
owner or possessor of the property, place or area upon which a nuisance has been
abated by the City of the cost of abatement. Such notice shall be given in the same
manner as required by Section 8.24-030. (Ord. 190 §1(part), 1981).
8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not
paid to the City in full within ten days after the date of the notice of the cost of the
abatement, the City Clerk shall record, in the office of the County Recorder, a statement
of the total balance due to the City, a legal description of the property, place or area
involved, and the name of the owner or possessor concerned. From the date of such
recording, the balance due will constitute a lien on the property. The lien will continue
in full force and effect until the entire amount due, together with interest at the
maximum legal rate accruing from the date of the completion of the abatement, is paid
in full. (Ord. 190 §1(part), 1981).
8.24.080 Charges to be billed on tax bill. The City may also, in accordance with
the provisions of the laws of the State, cause the amount due to the City by reason of its
abating a nuisance together with interest at the maximum legal rate, accruing from the
date of the completion of the abatement, to be charged to the owners of the property,
place or area on the next regular tax bill. All laws of the State applicable to the levy,
collection and enforcement of City taxes and County taxes are hereby made applicable
to the collection of these charges. (Ord. 190 §1(part), 1981).
8.24.090 Court action. The City Council may bring appropriate actions, in a
court of competent jurisdiction, to collect any amounts due by reason *of the abatement
of a nuisance by the City and to foreclose any existing liens for such amounts.
Notwithstanding the provisions of this chapter, the City may bring the appropriate civil
and criminal actions in a court of competent jurisdiction for abatement of any nuisance
existing within the City pursuant to any other provision of law. (Ord. 190 §1(part),
1981).
8.24.100 Summary abatement. Notwithstanding any provisions of this chapter,
the City Council may cause a nuisance to be summarily abated if the City Council
determines that the nuisance creates an emergency condition involving an immediate
threat to the physical safety of the population. Prior to abating the nuisance, the City
it
Resolution No. 996 -18-
7
Manager shall attempt to notify the owner or possessor of the property, place, or area
involved of the nuisance and request him to immediately abate the nuisance. If, in the
sole discretion of the City Council, the owner or possessor of the property, place or area
containing the nuisance which creates an emergency condition fails to take immediate
and meaningful steps to abate the nuisance, the City may abate the nuisance and charge
the cost of abating such nuisance to the owner or possessor of the property, place or
area involved. The City shall notify in writing the owner or possessor of the property,
place or area upon which a nuisance has been abated by the City, of the cost of said
abatement. Such notification shall be given in the same manner as required by Section
8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable.
(Ord. 190 §1 (part), 1981).
Chapter 8.28
ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS.
Sections:
8.28.010 Nuisances in active landslide areas.
8.28.020 Abatement.
8.28.010 Nuisances in active landslide areas. Any condition on property within
the City which has in the recent past or may in the future aggravate, enlarge or
accelerate an active landslide is declared to be a public nuisance. For the purposes of
this chapter, an active landslide is defined as land which is sliding or moving on its own
accord. (Ord. 190 §1(part), 1981).
8.28.020 Abatement. Any condition declared to be a public nuisance by Section
8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24.
(Ord. 190 §1(part), 1981).
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