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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 0 0 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 Page 2 of 4 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. "�4d MAYOR PRO -TEM Page 3 of 3 0 0 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: Page 4 of 4