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1042 RESOLUTION NO. 1042 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 9 CHUCKWAGON 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: 1. Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Charles Perkins, owner of that certain real property in the City of Rolling Hills commonly known as 9 Chuckwagon Road (Lot 3-CRB), to abate conditions on his property that pose a public safety concern on June 2 and on July 7, 2008. The measures included landscape maintenance so the property does not appear abandoned, securing and locking all doors and windows of the house to prevent unwanted access and installing drapes or other window coverings to disguise the fact that the residence is vacant. The measures are designed to improve the exterior of the residence so it is not attractive to trespassers and vandals. The initial notice directed that the measures be taken or commenced (and completed with due diligence) by July 7. The second notice extended the amount of time for reinaining � measures to be taken or commenced (and completed with due diligence) by August 11, 2008, otherwise the City Council would hold a public hearing on August 25, 2008 in the City Council Chambers of City Hall to hear any. protests the owner might have to the abatement of the nuisance. On July 8, 2008 the City posted the notice at the site. - Section 2. Limited actiori has been taken by the property � owner to abate the nuisance. The property owner has installed window coverings in the front of the house, locked the front door and closed access into the house on the backside. Landscaping has not commenced or been completed around the property and coverings over glass doors� and windows in the back of the house have not been installed. Consequently, on August 25, 2008, 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 9 Chuckwagon Road. 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 9 Chuckwagon is abandoned and unsecured in the City of Rolling Hills. The property is improved with a single-family residence and swimming. Inspections of the property demonstrate that the single-family residence remains uninhabited. b. The property is unmaintained with unkempt vegetation around the structure. c. Absent restoration of protective measures, the property will represent a continuing 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 property at 9 Chuckwagon constitutes 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. 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 implement the corrective measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before September 15, 2008; and, that the corrective measures be completed by the property owner on or before September 29, 2008. In the event that the property owner fails to commence performance oF the corrective measures by the above-described deadlines, than the City may, on or after September 29, 2008 perform the corrective measures at the property owner's expense as authorized in Section 8.24.060 of the Municipal Code. Section 7. If the nuisance is not abated as specified herein, then d1e City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner iri 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 Resolution No. 1042 -1- 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 9 Chuckw;�gon Road. Section 9. This resolution shall take effect immediately on August 25, 2008: PASSED, APPROVED AND ADOPTED fHIS 25`h DAY OF AUGUST, 2008 C �' ` �> � ��.. � - Frank Hill Mayor ATTEST: n M���� �� Marilyn Kern � Deputy City Clerk Resolution No. 1042 -2- . STATE OF CALIFORNIA , ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1042 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 9 CHUCKWAGON ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on August 25, 2008, by the following roll call vote: AYES: Councilmembers Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. �CL �II.�ti��l� tW� Marilyn Kern Deputy City Clerk Resolution No. 1042 -3- , EXHI]�IT A. , . .. . , Cozrrzty o f�Los A1a�-eles ,0.,03, --.: ��9�6'A��'� D@�q�����'t1� ��q��lJ�&'��"�"S �?>-il(-��,�Yc': :-:�!^_Gi�,.... ..,�., . , � <f700 R�r�uou�t 13nn/eurnxl -- �� ' , . /l7nJ�tc�rey I�m�lr� G�li f��i•i�rn 917.>4-2169 �""`�""•. ,,, , ,, ,,,,,,,•�,,,::;, (310) 539-1661 August 22, 2008 Mr. Anton Dahierbruch, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, California 90274 Dear Mr. Dahlerbruch: The following are recommendations regarding the property located at 9 . Chuckwagon lane, Rolling Hills, California. When looking at the property from the street, it appears to be abandoned and not maintained in any way. The overgrown brush in the driveway, build up of fallen pine needles on the roof, dying plants along the front and sides of the house, and the overall filthy appearance of the home itself contribute to this. In a recent visit to the house, Deputy Brandon Epp found a pile of empty beer cans, alcohol bottles, and trash in what appeared to be an outside changing room. The trash was fairly new as he did not see it a week prior when conducting a patrol check at the location. This means that people either in the community or outside the community have noticed the home is vacant and are using it as a place to congregate and party. In his experience, this will only get worse. As these people(most likely juveniles) become more comfortable at the location, they will start vandalizing the property. Currently, the home is not secure. The rear sliding glass doors are unlocked. A big fear for that area is fire. It's very common for juveniles and vagrants to smoke cigarettes, marijuana, and other illegal narcotics while trespassing on abandoned property. This poses an obvious fire hazard for the community. Deputy Epp recommends the property owner be ordered to start maintaining the outer portion of the property immediately. Including weekly or by monthly gardening service, clearing the pine needles off the roof, and removing the dead and dying plants from the property. This will give the appearance that someone does care about the property and is visiting the property often. It is also . �/��U��il:oil of�cSe�-uice cS�ii1c•e I�5',��i Resolution No. 1042 -4- Mr. A�Iton D�ll�ilerbrucli _�_ .`�ll`�l.ISC ��. ?���' recommended that all back entrances to the house be secured. This can be done by installing new locks, or by boarding up. The front of the house should also be cleaned so that it appears to be taken care of and not abandoned. The property owner should be required to visit the prope�ty on a weekly basis in order to maintain it's security. The property owner should report any instances of vandalism and trespassing immediately to the Lomita Sheriff's Department. If you need any additional information or assistance, please contact Deputy Brandon Cpp at (310) 891-2264. Sincerely; LEROY D. BACA, SHERIFF Roland Choi, Actin� Captain Lomita Statiorl � Resolution No. 1042 -5-