HomeMy WebLinkAboutResolution No. 05-C006RESOLUTION NO. 05-C6
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 the real
property often attain such growth as to become, when dry, a fire menace to the improved
real property 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
improved real property are conditions which endanger the public safety and constitute a
public nuisance and therefore must be abated; and
WHEREAS, such hazardous brush, dry grass, weeds, combustible growth or
flammable vegetation, to include native and ornamental vegetation, are a public nuisance
upon the improved real property located within the City of Azusa (the "City"); and
WHEREAS, the City has a duty of 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 native and
ornamental 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 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, to include
native and ornamental vegetation, upon each improved parcel of real property hereinafter
described in Exhibit 1 (collectively the 'Real Property"), as verified by inspection by the
County of Los Angeles Fire Department (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, upon the Real
Property.
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(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 Assessor, 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 22nd
of February 2005, 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 Department may appear before the Brush Clearance Referee and show cause
why said hazardous brush, dry grass, weeds, combustible growth or flammable vegetation,
to include 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.
SECTION 4. Recovery of Costs. (a) The Department and the Agricultural
Commissioner are hereby authorized and directed to recover its abatement enforcement
costs in a manner consistent with prior action of the Board of Supervisors when they
adopted an 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
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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 non-compliance penalties.
The foregoing resolution was adopted on the 7 th day of
VPb=aaX:y , 2005, by the City Council of the City of Azusa.
I HEREBY CERTIFY that the foregoing resolution was dully adopted by the City
Council of the City of Azusa, at a regular meeting thereof, held on the 7`h day of February, 2005,
by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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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
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NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS,
COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION,
TO INCLUDE NATIVE AND ORNAMENTAL VEGETATION
NOTICE IS HEREBY GIVEN THAT ON the 7th of February, 2005 the City Council of Azusa
passed or will pass a resolution declaring that hazardous brush, dry grass, weeds,
combustible growth or flammable vegetation, to include native and ornamental vegetation,
were growing upon certain improved property as specifically described by parcel number in
the resolution, to be a potential fire hazard or public nuisance which, upon inspection by the
County of Los Angeles Fire Department is verified to be an existing hazard or public
nuisance and violation of the County of Los Angeles Fire Code (Fire Code) pertaining to
clearance of brush and vegetative growth. This brush and vegetative growth must be
removed and the public nuisance abated by the owner, or the County authorities will abate
the public nuisance and the cost of removal assessed upon the parcel, and such cost will
constitute a lien upon the parcel. 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. Parcel owners having
objection to the removal of brush, dry grass, weeds, combustible growth or flammable
vegetation, to include 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 22, 2005, when their objections will be heard and given
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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, to include natives and ornamentals, or the recovery of enforcement and
abatement costs, he/she need not appear at the above-mentioned meeting(s).
City Clerk of the City of Azu
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
JOHN R. TODD, ASSISTANT CHIEF, FORESTRY, COUNTY OF LOS ANGELES
FIRE DEPARTMENT, being duly sworn says: That on or before the 9th of February, 2005,
he mailed or caused to be mailed 71 "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 Assessor, which notices request owners to
destroy hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, to
include native and ornamental vegetation, and set the 22nd day of February 2005, as the
date upon which owners of said property may attend a meeting of the Brush Clearance
Referee, when their objections will be heard and given due consideration. Annexed is a true
and correct copy of such notice.
I 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 day of , 2005,