HomeMy WebLinkAboutResolution No. 06-C0080
RESOLUTION NO. 06-C8
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA DECLARING HAZARDOUS BRUSH, DRY GRASS,
WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE
VEGETATION ON IMPROVED PARCELS OF LAND TO BE A
SEASONAL AND RECURRING NUISANCE
WHEREAS, hazardous brush, dry grass, weeds, combustible growth or
flammable vegetation, to include native and ornamental vegetation, where growing upon
improved 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
public nuisances which must be abated; and
WHEREAS, the City of Azusa has a duty of protect the public safety and to take
any and all actions necessary to abate the above-described public nuisances; and
WHEREAS, the Consolidated. Fire Protection District of Los Angeles County (the
"County of Los Angeles Fire Department") will conduct annual inspections to verify
existing hazards and public nuisances of hazardous brush, dry grass, weeds, combustible
growth or flammable vegetation, to include native and ornamental vegetation, upon the
hereinafter described real property; and
WHEREAS, Part 5, Division 12, of the California Health and Safety Code
(Sections 14875 through 14922, inclusive), authorizes the City Council, by resolution, to
declare public nuisances 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 Findings. 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 are hereby declared
to be public nuisances which should be abated..
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SECTION 2. Notice. (a) The Fire Chief of 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, upon the Real Property.
(b) Not less than 10 days prior to the 21' of February, 2006, the Chief shall
cause notice to be given to each Real Property owner by mail as their names and
residential addresses 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. Tuesday, the 21s` of February 2006, 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 Council as the date, time, and place when and where any and
all owners of Real Property having any objectiohs to the proposed removal of hazardous
brush, dry grass, weeds, combustible growth or Flammable vegetation, to include native
and ornamental vegetation, 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. The objections of the Real Property owners will then
and there be heard and given due consideration. Physical inspection and further notice
by the County of Los Angeles Fire Department will be conducted prior to the initiation of
any clearance activities.
SECTION 4. Recovery of Costs. (a) The Chief and the Agricultural
Commissioner are hereby authorized and directed to recover abatement enforcement
costs in a manner consistent with prior action of the Board of Supervisors when they
adopted an Administrative Penalty, an Abatement Enforcement Cost, and an inspection
fee for all Real Property when the owner fails to comply with the second official notice to
abate hazards on the Real Property described in Exhibit 1 and 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 public nuisances and endanger the public safety.
(b) The owners of the Real Property, upon which the public nuisance exists,
shall be presented, both in writing and during the above referenced hearing before the
Brush Clearance Referee, with information regarding the cost of inspection and
abatement enforcement.
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PASSED, APPROVED AND ADOPTED this 6" day of February, 2006.
I 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 6T" day of
February, 2006, following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, HANKS, ROCHA, CHAGNON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CARRILLO