HomeMy WebLinkAboutResolution No. 04-C150
RESOLUTION NO. 04-05
RESOLUTION OF THE CITY OF AZUSA
DECLARING PUBLIC NUISANCE
WHEREAS, hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, including
native and ornamental vegetation, where growing upon the real property often attain such growth as to become,
when dry, a fire menace to said or adjacent improved parcels or which are otherwise noxious or dangerous; and
WHEREAS, the presence of hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, including native and ornamental vegetation, upon the real property are conditions which endanger the
public safety and constitute a public nuisance and therefore should be abated; and
WHEREAS, such hazardous brush, dry grass, weeds, combustible growth or flammable vegetation,
including native and ornamental vegetation, are a seasonal and recurrent nuisance on the real property located
within the City of Azusa (the "City"); and
WHEREAS, the City has a duty to protect the public safety and to take any and all actions necessary to
abate a public nuisance; and
WHEREAS, the County of Los Angeles Fire Department (the "Department') conducts annual
inspections to verify existing hazards and public nuisances where such hazardous brush, dry grass, weeds,
combustible growth or flammable vegetation, including native and ornamental vegetation, on the hereinafter
described real property; and
SECTION 4. Recover' Inspection Costs. (a) The Department d9the Agricultural Commissioner
are hereby authorized and directed to recover their abatement enforcement costs in a manner consistent with
prior action by the Board of Supervisors when they adopted the Administrative Penalty, Abatement Enforcement
Cost, and an inspection fee on all Real Properties failing to comply with the second official notice to abate
hazards on property identified during physical inspection by the Department. The recovery of these costs is vital
to the ongoing operation governing the identification and abatement of those properties that constitute a public
nuisance and endanger the public safety.
(b) The owners of the Real Property, upon which, the nuisance exists, shall be presented, both in
writing and at the above referenced hearing, with information regarding the cost of inspection, abatement
enforcement, and noncompliance penalties.
The foregoing resolution was adopted on the 2 nd day of February
2004, by the City Council of the City of Azusa.
1 hereby certify that the foregoing resolution was duly adopted by the City Council of the City
of Azusa at a regular meeting thereof held on the 2nd day of February, 2004, by the following vote of
the Council:
AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon, Madrid
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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WHEREAS, Division 12, Part 5 of the California Health and Safety Code (Sections 14875 through
14922, inclusive), authorizes the City Council, by resolution, to declare a public nuisance and to authorize the
abatement thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS
FOLLOWS:
SECTION 1. Council Finds. The City Council of the City of Azusa hereby finds that hazardous brush,
dry grass, weeds, combustible growth or flammable vegetation, including native and ornamental vegetation, upon
the real property hereinafter described in Exhibit 1 (the "Real Property"), when verified by inspection by the
Department are hereby declared to be a seasonal recurrent public nuisance which should be abated.
SECTION 2. Notice. (a) The Department is hereby designated, authorized and directed to give notice
to destroy said hazardous brush, dry grass, weeds, combustible growth or flammable vegetation to include native
and ornamental vegetation from the Real Property.
(b) Not less than 10 days prior to the date of the hearing, the Department shall cause notice to be given
to each owner of Real Property by mail as their names and residential addresses and a description of the property
in question appear from the last equalized assessment roll, or as they are known to the clerk, and said notice shall
be substantially in the form as provided in Exhibit 2 of this resolution.
SECTION 3. Hearing. In conjunction with the Department, on Tuesday, the 17th of February 2004, at
the hour of 7:30 p.m., in the Council Chamber of the City, located at 213 East Foothill Boulevard, Azusa is fixed
by the City as the time and place when and where any and all owners of Real Property having any objections to
the aforementioned proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, including native and ornamental vegetation, following inspection and further notice by the
Department may appear before the Brush Clearance Referee and show cause why said hazardous brush, dry
grass, weeds, combustible growth or flammable vegetation, including native and ornamental vegetation, should
not be removed in accordance with this Resolution, and said objections will then and there be heard and given
due consideration.
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EXHIBIT 1
DESCRIPTION OF PROPERTIES
In accordance with Chapter 2, Part 5, Division 12 of the California Health and Safety Code
(commencing with Section 14880), the Real Property, upon which the nuisance exists, are hereby described in
the attached Declaration List of Properties.
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EXHIBIT 2
NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS,
COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION
INCLUDING NATIVE AND ORNAMENTAL VEGETATION
NOTICE IS HEREBY GIVEN THAT ON the 2nd of February, 2004 the City Council of Azusa passed or will
pass a resolution declaring that hazardous brush, dry grass, weeds, combustible growth or flammable vegetation,
including native and ornamental vegetation, where growing upon said improved property as specifically
described by parcel number in the resolution, to be a potential fire hazard or nuisance which, upon inspection by
the County of Los Angeles Fire Department is verified to be an existing hazard or nuisance and violation of the
County Fire Code pertaining to clearance of brush and vegetative growth, must be removed and the nuisance
abated by County authorities and the cost of removal assessed upon the land. In addition, the Board of
Supervisors authorized and directed the County of Los Angeles Fire Department and the Agricultural
Commissioner to recover their costs related to the enforcement of the fire code. All property owners having
objection to the removal of brush, dry grass, weeds, combustible growth or flammable vegetation including
native and ornamental vegetation, are hereby notified that they may attend a meeting of the City Council of the
City of Azusa to be held in the Council Chamber of said City at 7:30 p.m. on February 17, 2004, when their
objections will be heard and given due consideration. If the property owner does not want to present objections
to the proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, or
the recovery of enforcement and abatement costs, he she need not appear at the above-mentioned meeting(s).
City Clerk o the City of Azusa
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
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JOHN R. TODD, ASSISTANT CHIEF, FORESTRY, COUNTY OF LOS ANGELES FIRE DEPARTMENT,
being duly sworn says: That on or before the 4th of February, 2004, he mailed or caused to be mailed 57
"Improved Property Annual Brush Clearance Notices" to the owners of each of the properties described in the
attached list as their names and residential addresses and a description of the property in question appear from
the last equalized assessment roll, or as known to the clerk, a notice or notices to destroy hazardous brush, dry
grass, weeds, combustible growth or flammable vegetation, including native and ornamental vegetation, of which
the annexed is a true copy; and setting the 17th day of February 2004, as the date upon which owners of said
property could attend a meeting of the Brush Clearance Referee, when their objections will be heard and given
due consideration.
1 have personal knowledge of the foregoing, and if called upon could competently testify thereto.
I declare under penalty of perjury that the foregoing is true and correct.
WITNESSED BY:
This _2nd dayof Februarv,2004,