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Home My WebLink AboutItem 2b - Resolution No. 7057 re Weed AbatementGPyIFOR, -V r a via m n �1u6unt 5, 5, 1103 �u'lety ofj 11i'114 TO: FROM: STAFF REPORT Office of the City Clerk February 3, 2015 Honorable Mayor and Members of the City Council Dominic Lazzaretto, City Manager By: Lisa Mussenden, Chief Deputy City Clerk /Records Manager SUBJECT: RESOLUTION NO. 7057 DECLARING THAT WEEDS, RUBBISH, AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF Recommendation: Adopt SUMMARY The County of Los Angeles Department of Agricultural Commissioner/Weights and Measures (the "County ") has submitted a "Declaration List" of private properties within the City which have been found by inspection to have hazardous weeds, brush, and rubbish that constitute an existing or potential hazard to the health and safety of adjacent property owners. The County recommends that the City Council adopt a resolution declaring that the conditions are a public nuisance and must be abated or removed. BACKGROUND Annually, the County inspects properties located in the City of Arcadia and declares that hazardous conditions upon or in front of certain private property are a public nuisance and must be removed or abated. A list of those affected properties which have been found to have weeds, brush and /or rubbish growing or occurring upon them is attached as part of Resolution No. 7057 as Appendix "A ". At the request of the County, attached for City Council consideration is Resolution No. 7057 declaring that weeds, brush, and rubbish and refuse upon or in front of specified property in the City are a seasonal and recurrent public nuisance and declaring its intention to provide for the abatement thereof. It is also recommended that a public hearing be scheduled for February 17, 2015, at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from affected property owners. Resolution No. 7057 — County Weed Abatement February 3, 2015 Page 2 of 2 Upon adoption of Resolution No. 7057, the County will mail annual weed abatement notices to those property owners. If the property owners fail to remove the weeds and rubbish from the subject properties, the County will abate the nuisance and add the costs to future property tax bills. This program has been successful over the years in minimizing the growth of weeds on vacant and unimproved properties throughout the City. FISCAL IMPACT There is no fiscal impact to the General Fund as a result of the County abating or removing nuisances from those properties located in the City of Arcadia. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7057 declaring that weeds, brush, rubbish, and refuse upon or in front of specified property in the City are a seasonal and recurrent public nuisance and declaring its intention to provide for the abatement thereof; and schedule the protest public hearing for February 17, 2015. Approved- Dominic LazzarW City Manager Attachment: Resolution No. 7057 Appendix "A" — County Declaration List RESOLUTION NO. 7057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS, BRUSH, RUBBISH, AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE, AND DECLARING AN INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or private property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or are otherwise noxious or dangerous, or a public nuisance. B. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard. C. That by reason of the foregoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse and other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property, constitute a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to -wit: That 1 certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this City Council heretofore made, the City Council determines that the weeds, brush, rubbish, dry grass, stubble, refuse and other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner /Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspection. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of 2015. ATTEST: City Clerk APPROVED AS TO FORM: 5 bp� Steph6n P. Deitsch City Attorney 3 Mayor of the City of Arcadia PARCEL LOCATION 5765 002 014 SANTA ANITA CYN RD 5765 002 900 CANYON RD 5771 001 902 WHISPERING PINES DR 5773 007 009 153 E SANTA CLARA ST 5779 015 041 E DUARTE RD 5779 018 040 201 E DUARTE RD 5779 018 050 203 E DUARTE RD 5784 020 014 LEROY AVE 5790 027 034 LIVE OAK AVE 8532 007 025 5634 PECK RD 8532 013 026 DURFEE AVE 8532 013 027 LA SALLE ST 8532 013 029 CLARK ST 8532 016 001 CLARK ST 8532 016 003 CLARK ST 8532 016 004 CLARK ST 8532 016 022 CLARK ST 8532 018 005 GOLDING RD 8532 018 011 GOLDING RD 8573 024 005 122 E LIVE OAK AVE 128 E LIVE OAK AVE 8573 024 006 LOS ANGELES COUNTY DECLARATION LIST CITY OF ARCADIA KEY OF 7, CITY CODE 035 (UNIMPROVED) OWNER CITY /STATE NEVIS CAPITL LLC 650 W ARCADIA CITY 240 W FLOOD MAINTENANCE DIVISION 900 S. KOEPER,JOSEF TR 13561 CHI EN,CHEN F A CO TR 1604S MEIL )ON PROPERTIES LLC 713 W MEILOON PROPERTIES LLC 713 W KOLOVOS,GEORGE P TR 12424 HSIAO,CHUNG A AND MIN LAN 3115 N VELASQUEZ, DOUGLAS L & WILFRED 160 E I: 289 NORTH ROBERTSON BLVD. II LLC 94651 289 NORTH ROBERTSON BLVD. 11 LLC 9465 U 289 NORTH ROBERTSON BLVD. II LLC 94651 LIVINGSTON GRAHAM INC PO BO) LIVINGSTON GRAHAM INC PO BO) LIVINGSTON GRAHAM INC PO BO) LIVINGSTON GRAHAM INC PO BO) MATTKARR PROPERTIES LLC PO BO) MATTKARR PROPERTIES LLC PO BO) LIVE OAK DEVELOPMENT II LLC 248 E A LIVE OAK DEVELOPMENT 11 LLC 248 E A APPENDIX "A" DATE: 01/07/15 MAILING ADDRESS HUNTINGTON DR 4 201 HUNTINGTON DR = REMONTAVENUE LA SIERRA DR CITY /STATE ZIP ARCADIA CA 91007 ARCADIA, CA 91007 ALHAMBRACA 91803 CHINO HILLS CA 91709 ENANDOAH RD SAN MARINO CA 91108 DUARTE RD STE G300 ARCADIA CA 91007 DUARTE RD STE G300 NILSHIRE BLVD STE 1040 ARCADIA CA LOS ANGELES CA 91007 90025 OGLE LAKES LN HOUSTON TX 77082 RIGHTVIEW DR COVINA CA 91723 flLSHIRE BLVD, STE. 800 BEVERLY HILLS CA 90212 flLSHIRE BLVD, STE. 800 flLSHIRE BLVD, STE. 800 52427 BEVERLY HILLS CA BEVERLY HILLS CA ATLANTA GA 90212 90212 30355 52427 52427 ATLANTA GA ATLANTA GA 30355 30355 30355 ;52427 ATLANTA GA 25666 LOS ANGELES CA 90025 ,25666 LOS ANGELES CA 90025 9AIN ST STE 202 ALHAMBRA CA 91801 MIN ST STE 202 ALHAMBRACA 91801 TOTAL RECORDS 21