1042 RESOLUTION NO. 1042
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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
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� - Frank Hill
Mayor
ATTEST:
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Marilyn Kern �
Deputy City Clerk
Resolution No. 1042 -2-
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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-
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(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 .
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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-