1216 RESOLUTION NO. 1216
A RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF ROLLING
HILLS DECLARING NONCOMPLIANCE WITH CITY C4UNCIL
RESOLUTION NO. 1196 TO BE A NUISANCE AND ORDERING THE
ABATEMENT THEREQF. OWNERS: JUDITH AND WILLIAM HASS4LDT.
The City Counci�of the City of Roliing Hi11s does hereby find, resolve az�d order as follows:
Section 1. Recitals.
A. It is the duty of every person that owns or is in possession of any property, place or area
within the boundaries of the City ta maintain the property, place or area free frorn any nuisance.
{Ralling Hills Municipal Code Section 8.24.020.) Pursuant to Chapter 17.26 View Preservation, Section
�7.26.470: "Failure or refusal of any person to comply with a final decision under this chapter sha11
fiu�ther constitute a public nuisance which may be abated in accordance with the procedure contained in
Cha.pter 8.24."
B. On April 24, 2014, Dr. and Mrs. Nuccion filed a view impairment complaint with the
City alleging that the trees lacated on 15 Partuguese Bend Road, owned by Mr. and Mrs. William
HassoZdt("Property Owners"), interfered w�ith their view. On October 7, 2015, tlie Committee on Trees
and Views ("CTV"} held a duly noticed public hearing and adopted Resolution No. 2015-03-CTV; this
resolution canf�rmed the alleged view and specified restorative actions on nine trees located an the
Hassaldts' Property. This matter was appealed to the City Council; foliowing a duly noticed public
hearing, the City Council adopted Resolution Na 1196 an Novembex 28, 201 G. Resolution No. 1196
upheld the CTV's original actxon (including the specifiec� restorative action) and became fi.nal
immediately upon adoptian.
C. Following the restorative action that was performed by the Hassoldt's landscaping
contractor on May 5, 2Q17, the Nuccions addressed the City Council at its May 8, 2017 meeting
regarding a pepper tree and a eucalyptus tree (xdentified as tree no. 5 in Section 5{F) of Resolution No.
119b; hereinafter referred to as "Eucalyptus Tree") which they felt had not bee� trimmed pursuant to the
requirements outlined in Resolution No. 119b. This matter was continued to the May 22, 2017 meeting
of the City Council.
D. On May 22, 2017, the Nuccions reiterated their cancerns and expressed that in addition to
the pepper and eucalyptus trees, an olive t�ree (identified as tree no. 7 in Section 5(F} of Resolution No.
1196; hereinafter re£ezxed to as "Olive Tree") ha.d also been inadequately trimmed. The Council
discussed these concerns and concluded that the pepper tree was not included within Resolution No.
1196 and was there£oxe not subject to remecliation. The Council then directed staff to confirm whether
the restorative action ta,ken as ta the Eucalyptus Tree and the Olive Tree were perforrnea in accordance
with Section 5 of Resolution No. 1196.
E. On July 17, 2017, Mr. Gregory Applegate, with Arborgate Consulting, Inc., canducted an
inspection as ta the Euca�yptus and Olive Trees. Following the inspection, while Mr. Applegate
concluded that the Eucalyptus Tree had been cut to 46 feet; the Olive Tree "did not show any indication
of recent pruning, trimming or lacing" and"stil�needs to be cut back as was ardered,to the older cuts."
F. Pursuant to Section 8.24.03Q and 8.24.040, the City Manager determined t�at the
condition of the Olive Tree constitu�es a violation of the requirements of Resolution No. 1196 and on
August 4, 2017, notified the Property Owners that i� the Olive Tree was not shaped, reduced and
trunmed to the old cuts by August 21, 2017, a hearing would be held before the City Council on
September I1, 2017 at 7:00 p.m. in Ci�ty Council Chambers Iocated at: 2 Portuguese Bend Road, Ralling
Hills. Prior to the September 11, 2017 City Council rneeting, the property owners submitted a written
----- request to continue the hearing. The Cxty Council at their September 11, 2017 meeting voted to continue
the hearing to September 25, 2017.
G. Currendy, the Property Owners have failed to comply with the requi�ements outlined in
Resolution 119b; thereby constituting a public nuisance.
Section 2. Pursuant to Section 8.24.050 of the Rolling Hills Municipal Cade, the City
Council conducted a hearing on Septe�nber 25, 2017 to consider any protest of the Property Owner,
possessar or other interested person regarding noncompliance with the Cxty Council Resolution No.
1196.
Section 3. Upon consi�eration of tke staff repart, related documents and the evidence
presented at the time of the hearing,the City Council determines that the�roperty at 15 Portuguese Bend
Resalution No. 1216 -1-
Road constitutes a condition that is a public nuisance pursuant to Chapter 8.24 of the Rolling Hills
Municipal Code and is a violation of Section 17.2b.070 of the Rolling Hills Municipal Code.
Section 4. In accordance with the foregoing, and because it is the duty of property owners to
main�their properties free of nuisances, the City Council orders that within forry-five (45) days of the
adopfion of this Resolution, the Property Owners shape, reduce and trim the Olive Tree to the old cuts,
(the Olive Tree has been identified as Tree# 7 in Section 5(F} of Resolution 1196).
In i�he event the Properry Owners fail to complete the measures specified above by the specified date, the
City will perform the corrective measures at the Property Owners' expense as authorized in Section
8.24A60 of the Rolltng Hills Municipal Code.
Section 5. If 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 cast of removal of the nuisance and that payment in full
for rernoval of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the
total cast 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 upan the property.
Section 6. 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 15 Portuguese Bend Road.
�ection 7. This resolution shall take effect immediately on September 25, 2017.
PASSED,APPROVED AND ADOPTED 5'� DAY OF MBER, 2017.
J es Black, a r
ATTEST:
v�r�.
Yv e Ha11, Interim City Clerk
Resolution Na. 1216 -2-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) �S
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1216 entided:
A RESOLUTION OF THE CITY COUNCiia �F THE C�TY OF
ROLLING HILLS DECLARING NONCOMPLIANCE WITH CITY
COUNCIL RESOLUTION NO. 1196 TO BE A NUISANCE AND
----- ORDERING THE ABATEMENT THERE4F. OWNERS: JUDITH AND
WII.,LIAM HASSOLDT.
was approved and adopted at a regular meeting af the City Council on September 25, 2017, by the
following roll call vote:
AYES: Councilrnembers Dieringer, Mirsch, Pieper, Wilson and Mayor Black.
NOES: None.
ABSENT: None,
.ABSTAIN: Nane.
�
Yvette Hall,
Interim City Clerk
Resol�xtion No. 1216 -3-