1205 RESOLUTION NO. 1205
A RESOLUTION OF TI� CTTY COUNCIL OF THE CITY OF
ROLLING HILLS DECLARING THE CONDITION OF THE
PROPERTY LOCATED AT 38 PORTUGUESE BEND ROAD TO BE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT
THEREOF.
The City Council of the City of Ro�ling Hills does hereby find,resolve and order as foilows:
Section i. Recita.ls.
A. It is the duty of every person that owns or is in possessian of any property, place or area
within the boundaries of the City to mainta.in the property, place or area free from any nuisance.
(Rolling Hills Municipal Code Section 8.24.020.) Section 8.32.060(B} of the Rolling Hills Municipal
Code sta.tes: "Na per�son shall antentionaddy throw, deposit, place, leave, maBntaan or permit ta be
thrown, deposifed, pdaced, le,f1' or maintained or kept, any refuse, rt�bbish, garbage, or any other
dascarded or abando►�ed objects, articles or accumulations, on or upon any roadway, driveway, trail,
canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon ariy private plot of land in
ihe City, so that the same maght he or become a pallutant." (Emphasis added.) Any condition in
violation of Chapter 8.32 is a public nuisance. (Rolling Hills Municipal Code Section
8.32.1Q0(A)(I)(a).)
B. On or about Ju1y 13, 2016, City Staff was alerted to the fact that a large amount of
unpermitted dirt, rocks, and loose conc�rete had been deposited and was being stored along the slope of,
and in the canyan adjacent to, certain real property in the City of Rolling Hills common�y known as 38
Portuguese Bend Road (Lot 118-RH} {hereinafter referred to as the "Subject Praperty"). A visit ta the
site revealed that the loose dirt, rQcks and concrete pieces being stared along the slope of�he Subject
Properly and the canyon adjacent thereto had the potential to fall to the bottom of the canyon and
become part of the natural drainage caurse which 2eads into the Pacific Ocean. Furthermore, the loose
dirt, rocks and concrete pieces co�ered the existing vegetation along the slope and canyon, thereby
`�" facilita.ting potential. erosion of the slopes into the canyan. On July 14, 2016, City Staff notified tl�e
awners of the Subject Properiy, Mr, and Mrs. Steven Wheeler ("Property Owners"), that tl�e storage of
dirt along the slope of the Subject Property and the canyon adjacent thereto was a violation of Rolling
Hi11s Municipal Code section 8.32A60(B)and requested that they abate this nuisance condition. Despite
continued attempts to gain the Property 4wners' compliance, the dirt, rocks, and loose concrete remain
along the slope of the Subject P�roperty and in the canyon adjacent thereto.
C. On January 18, 2(�17, the City Manager issued the Property Owners a Notice to Abate
Nuasance (pursuant to Sec#ion $.24.030 of the Rolling Hills Municipal Code); this Notice informed the
Property Owners that the dirt, rocks, and loose concrete being stored along �he slope and in the canyon
was a nuisance, and that saxd items must be removed no tater than February 2, 2017. The Property
owners failed to meet#he February 2, 2017 deadline.
D. Qn February S, 2017 the City Manager issued the Property Owners a second Notice to
Abate Nuisance (pwrsuant to Section 8.24.030 of the Rolling Hills Municipal Code); this Notice
informed the Property Owners that the dirt,rocks, and loose concrete being stored along the slope and in
the canyon was a nuisance, and that said items must be removed no later than March 9, 2017. This
deadline has passed and the Praperty Owners have failed to make a good faith effort towards abatement
of the nuisance condition on the Subject Property.
Section 2. Pursuant to Sections 8.24.040 and 8.24.054 of the Rolling Hills Municipal Code,
the City Council conducted a hearing on March 13, 2017, to cansider any protest of the Property Owner,
possessor or other interested person regarding the condition of the Subject Property, and the canyon
adjacent thereto.
Section 3. Upon consideration of the staff report, related documents and the evidence
presented at the time of the hearing,the City Council determines that the property at 38 Portuguese Bend
Road constitutes a condition that ns injurious to the public health, safety and weIfare by violating Section
8.32.060(B) of the Rolling Hills Municipal Code such that it is a public nuisance pursuant to Chapter
8.24 and Section 8.21.100(A}(1)(a}of the Rol�ing Hi11s Municipal Code.
Section 4. 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 owners remove a11
of the dirt and rocks that was dumped and is being stored on the pool pad, along the slopes o£and in the
Reso�ution No. 1205 -1-
canyon of ttxe Subject Property within 30 days of the date of this Resolution but no later than April 12,
2017. The pile(s) shall then be co�ered up. Wi�hin 75 days of this Resolution the property owners shall
submit to the Planning Depar�ment the necessary documents, applications and fees to be placed on the
P�anning Commission's agenda far a request to modify the previous approval, including a Variance
request to keep the dirt for said modification. In the event that the property owners fail to complete the
measures specified above by the above-described deadlines, then within 90 days of this Resolution the
property owners shall remove all of the dirt and rocks that was dumped and is being stored on the pool
pad, along the slopes of and in the canyon of Subject Property and ha�l it out af the City. If the property
owners file the application for needed entitlements in a timely fashion, a decision by the Planning
Commission or City Council shall be granted within 180 days of this Resolutian. If the entitlements are
not granted, then within 210 days of this Resolution the property owners shall remove all of the dirt and
rocks that was dumped and is being stored on the pool pad, along the slopes of, and in the canyon of the
Subject Properry and haul it out of the City. In the event the property owners fail to cornplete the
measures specified abave by the specific dates the City will perfortn the corrective measures at the
Property Owners' expense as authorized in Section 8.24.060 of the Rolling Hills Municipal Code.
Section 5. If the nuisance is not abated as specified herein,then the City Manager is directed
to cause the nuisance #o be abated by the City, and alsa is directed to notify the property owner in
wri�ing 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 af the date of mailing of the no�ice. 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 af the County Recorder, a statement of the total balance due to the
City,which shall constitute a lien upon the property.
Section d. The City Clerk is hereby directed to send a copy of this resolution by certified and
regular mai�ta the owners of the property located at 38 Portuguese Bend Road.
Section 7. This resolution shall take effect immediately an March 13, 2017.
PASSED,.APPROVED AND ADOPTED THIS 13TH DAY OF MARCH,2017.
�
<
Bea Dieringer
Mayor
ATTEST:
Heidi Luce
City Clerk
Resolution No. 1205 -�-
� .
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The faregoing Resoiution No. 1205 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DECLARING THE CQNDITION OF THE
PRQPERTY LOCATED AT 38 PORTUGUESE BEND ROAD TO BE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT
TT�RE�F.
was approved and adopted at a regular meeting of the City Council on March 13, 2017, by the following
ro11 call vote:
AYES: Councilmembers Mirsch, Pieper, Wilson ar�d Mayor Dieringer.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
Heidi Luce
City Clerk
Resalution No. 1205 _3_