HomeMy WebLinkAboutResolution No. 00-C0130 0
RESOLUTION NO. 00-C13
RESOLUTION OF THE CITY OF AZUSA
DECLARING PUBLIC NUISANCE
WHEREAS, hazardous brush, dry grass, weeds, combustible growth or flammable vegetation
to include native and ornamental vegetation where growing upon or in front of 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 to include native and ornamental vegetation upon or in front of 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 to include native and ornamental vegetation are a seasonal and recurrent nuisance on or
in front of 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 conducts annual inspections to
verify existing hazards and public nuisances where such hazardous brush, dry grass, weeds,
combustible growth or flammable vegetation to include ornamental and native vegetation on the
hereinafter described real property; and
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
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the 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 to include native and
ornamental vegetation in and upon and in front of the real property hereinafter described in Exhibit
1 (the "Real Property"), when verified by inspection by the County of Los Angeles Fire Department
are hereby declared to be a seasonal recurrent public nuisance which should be abated.
SECTION 2. Notice. (a) The County of Los Angeles Fire Department (the "Chief") 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 Chief 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
know to the clerk, and said notice shall be substantially in the form as provided in Exhibit 2 to this
resolution.
SECTION 3. Hearing. In conjunction with the County of Los Angles Fire Department (the
"Chief'), Tuesday the 22nd of February 2000, 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 to
include native and ornamental vegetation following inspection and further notice by the County of
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Los Angeles Fire Department may appear before the weeds abatement referee and 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 than and there be heard and given due
consideration.
SECTION 4. Recovery of Inspection Costs. (a) The Chief and the Commissioner are hereby
authorized and directed to recover its abatement enforcement costs in a manner consistent with
provisions set forth in the "Amended and Restated Agreement for Service between the City of Azusa
and the Consolidated Fire Protection District of Los Angeles County", and prior action of the Los
Angeles County Board of Supervisors adopting an Administrative Penalty, Abatement Enforcement
Cost, and inspection fee on all Real Properties failing to comply with the second official notice to
abate hazards on public property identified during physical inspection by the County of Los Angeles
Fire 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, or in front of 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 non-compliance penalties.
PASSED, APPROVED AND ADOPTED on this 7" day of February, 2000.
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MAYOR PRO -TEM
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
I, ADOLPH A SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Resolution 00 -Cl 3, was duly adopted at a regular meeting of the City Council on the 7' day of February,
2000, by the following vote, to wit
AYES: HARDISON, STANFORD, ROCHA, BEEBE
NONE
NONE
MADRID
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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