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HomeMy WebLinkAboutResolution No. 10-C09RESOLUTION NO. 10-C9 RESOLUTION OF THE CITY OF AZUSA DECLARING PUBLIC NUISANCES 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 to 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 (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. 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 16'' of February, 2010, 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 16`x' of February 2010, at the hour of 7:30 p.m., in the Council Chambers of City of Azusa, located at 213 East Foothill Boulevard, is fixed by the City Council as the date, time, and place when and where any and all owners of Real Property having any objections 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. 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. PASSED AND ADOPTED this I' day of February, 2010. u t� J seph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing resolution no. 10-C9 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the ls` day of February, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza, City Clerk 1•A EXHIBIT 1 DESCRIPTION OF PROPERTIES In accordance with Part 5, Division 12 of the California Health and Safety Code (commencing with Section 14875), the Real Property, upon which a public nuisance exists, are hereby described in the attached Declaration List of Properties. LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS DATE 12 11 09 PARCEL NO. KEY 06 050 541 CANYON HEIGHTS DR 8608 006 036 06 050 543 CANYON HEIGHTS DR 8608 006 042 06 050 563 E SIERRA MADRE AVE 8625 006 006 06 050 579 E SIERRA MADRE AVE 8625 006 007 06 050 595 E SIERRA MADRE AVE 8625 006 008 06 050 611 E SIERRA MADRE AVE 8625 006 009 06 050 627 E SIERRA MADRE AVE 8625 006 010 06> 050 4001 FISH CANYON RD 8684 008 014 06 050 1455 N HILLTOP DR 8684 020 001 06 050 1465 N HILLTOP DR 8684 020 013 06 050 1469 N HILLTOP DR 8684 020 014 06 050 1471 N HILLTOP DR 8684 020 016 06 050 1510 N SAN GABRIEL CANYON RD 8684 020 022 06 050 1500 N SAN GABRIEL CANYON RD 8684 020 023 06 050 1569 N VIEWCREST DR 8684 021 010 06 050 1569 N VIEWCREST DR 8684 021 011 06 050 1557 N VIEWCREST DR 8684 021 012 06 050 1539 N VIEWCREST DR 8684 021 014 06 050 1533 N VIEWCREST DR 8684 021 015 06 050 1790 SAN GABRIEL CANYON RD 8684 023 013 06 050 1728 SAN GABRIEL CANYON RD 8684 023 014 06 050 1724 SAN GABRIEL CANYON RD 8684 023 015 06 050 1720 SAN'GABRIEL CANYON RD 8684 023 016 06 050 1830 N AZUSA AND SAN GABRIEL CAN 8684 023 017 06 050 2350 N SAN GABRIEL CANYON RD 8684 027 004 06 050 1460 N HILLTOP DR 8684 D34 006 06 050 210 E VIEWCREST DR 8684 034 010 06 050 230 E VIEWCREST DR 8684 034 011 06 050 250 E VIEWCREST DR 8684 034 012 06 050 280 E VIEWCREST DR 8684 034 013 06 050 1481 N VISTA DEL CIR 8684 034 014 06 050 1450 N VISTA DEL CIR 8684 034 015 06 050 1433 N NOBHILL OR 8684 034 020 06 050 1415 N NOBHILL DR 8684 034 021 06 050 285 E SIERRA MADRE AVE 8684 034 027 06 050 295 E SIERRA MADRE AVE 8684 034 028 06 050 213 E SIERRA MADRE AVE 8684 034 D34 06 050 389 E SIERRA MADRE AVE 8684 035 Oil 06 050 333 E CLEARHAVEN DR 8684 036 018 06 050 325 E CLEARHAVEN DR 8684 036 019 06 050 311 E CLEARHAVEN DR 8684 036 020 06 050 303 E CLEARHAVEN DR 8684 036 021 06 050 1589 N HILLTOP DR 8684 036 022 06 050 1599 N VIEWCREST DR 8684 036 023 06 050 1587 N VIEWCREST DR 8684 036 024 06 050 1575 N VIEWCREST DR 8684 036 025 06 050 1555 N HILLTOP DR 8684 036 034 LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE C IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE C STREET ADDRESS O6 050 1543 N HILLTOP DR 06 050 1537 N HILLTOP DR 06 050 1531 N HILLTOP DR' 06 050 1564 N HILLTOP DR 2 DATE 12 11 09 PARCEL NO. KEY 8684 036 035 9 C 8684 036 036 8 C 8684 036 037 7 C 8684 036 047 5 C LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 3 LATE 12 11 09 IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY WEED KEY C TOTAL IMPROVED/VACANT RECORDS 0 WEED KEY C TOTAL IMPROVED RECORDS 51 WEED KEY C TOTAL RECORDS 51 EXHIBIT 2 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 1st of February, 2010, 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 constitute public nuisances which, after inspection by the County of Los Angeles Fire Department have been verified to be ebsting public nuisances and in violation of the County of Los Angeles Fire Code (the "Fire Codej 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 until paid. The City Council of the City of Azusa also 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. Reference is made to said resolution for additional details. -1- All Parcel owners having any objection to the proposed 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 16, 2010. If the property owner does not want to present objections to the proposed removal of hazardous brash, dry grass, weeds, combustible growth or flammable vegetation, to include native and ornamental vegetation, 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 Azusa -2- Dear Improved Property Owner: This is not a citation or summons. This is the first brush clearance notice and a reminder that the County of Los Angeles Fire Department will be conducting annual brush clearance inspections within the next few months. The County Fire Code states that parcel owners are responsible throughout the year for the maintenance of all brush, flammable vegetation (native and/or ornamental), and other combustible materials situated on their property. General clearing requirements are listed on the reverse side of this notice. Please review these dealing requirements and take appropriate action prior to the annual inspection date for your area.. Abatement of potential or existing hazards prior to the inspection saves the Fire Department and yourself valuable money and time and insures a safer community. Inspections are scheduled to begin April t in the Antelope Valley, June f in the. Coastal Area, and May 1 in all other areas. It hazardous fire conditions exist on your property at the time of inspection, you will be issued an Official Inspection Report which will indicate existing violations and provide specific Clearing instructions and a compliance deadline. Failure to comply with the Offiaal Inspection Report issued at the time of the Inspection will result in the imposition of a $200 administrative penalty and an additional $648 speaal assessment on your annual tax bill as item CO FIRE ABMT ENF to recover the County of Los Angeles Fife Department costs related to the enforcement of the Fire Code. Additionally, it your parcel is inspected or cleared by the Agricultural Commissioner, an inspection fee of $45.33 or the clearing costs will be placed on your annual tax bill as item LA CO HAZ ABATE. In most Cases, it is more cost effective to do the work yourself or to hire a vendor to do the work. A vendor list is available at your local fire station. For additional information regarding specific clearing requirements, contact your local fire station or the Brush Clearance Unit at (626) 9692375. NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION TO INCLUDE NATIVES AND ORNAMENTALS NOTICE IS HEREBY GIVEN THAT ON FEBRUARY 1, 2010, THE CITY COUNCIL OF THE CITY OF AZUSA Passed or vel pass a resolution declaring that ha2mdous brush, dry gmss woods. combustible growth or flammable vagaf rlim to include rather and ornamental vegetation where growing upon or in front of said improved propedy as specifically desvmed by parcel number in the resoWlionr to he a potential fire hazard or nuisance which, upon inspection by the County, of Los Angeles Fie Department is verified to be an existing hazard or nuisance and violation of the County Fee Code pertaining to clearance of brush and w.gelative growth, must he removed and the nuisance abated by the Agricu0mol Commissioner and the cast of removal assessed upon the land. In eddllion, 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 propedy, owners having objection to the removal of brush, dry grass, weeds. combustible gmwih 0, paranoids vegetation including natives and omamenlals are hereby nolilied that they may attend a brush clearance referee meeting (1) in the Antelope Valle v at the LOS ANGELES COUNTY ADMINISTRATIVE BLDG, 335 A EAST AVE. K-6, LANCASTER, CA 93535, ON THURSDAY, FEBRUARY 25,2010 AT 430 A. M. or (2) A MEETING OF THE CITY COUNCIL OF SAID CITY TO BE HELD AT 213 E. FOOTHILL BLVD., AZUSA, CA 91702, IN THE COUNCIL CHAMBERS ON FEBRUARY 18, 2010 AT 7:30 P.M. when thea objections Will be heard and given due consideraibn. II me propvty owmer does nM wane to present objections so the proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable vegam ne, a the recovery of enWmemmd and easement costs, helsta paid no appear at the shove mentioned meetvgls,). v+}k`i V. MENDOZA .•sad �' -'9 aa'y r'a Sw°isa, rmst#xs. CITY CLERK PROPERTY DIERIPTION SEQNM 553 COUNTY OF LOS ANGELES FIRE DEPARTMENT PREVENTION BUREAU BRUSH CLEARANCE UNIT 605 N. ANGELENO AVENUE AZUSA, CA 91702.2904 (626)969.2375 f mi SRUSHI CLEARANCE REOUIREMENrS Thousands of homes are in serious danger of destruction by fire because of their proximity to brush -covered areas. Homes with wood shake roofs, wood siding; decks, patio covers or exposed eaves are particularly vulnerable to the spread of fire. Despite efforts by firefighters, wildland fires fanned by strong winds, can destroy homes: It is your legal responsibility to.take the necessary action to clear vegetation around any given structures. A fire safe landscape creates adetensible space to help protect against approaching wildfires. t! 1.. All flammable vegetation identified as a fire hazard by the inspection officer shall be mowed or cut to a stubble height of 3 inches, for 30 feet around any structure or 50. feet in high hazard areas (County of Los Angeles Fire Code 317.2:2(2), 317.2.3)., 2. Create a firebreak for the next 70 feet, for a total of 100 feet, around any structure by clearing, trimming, thinning, cutting back and removing flammable vegetation. For high hazard areas, this distance can increased to a maximum of 200 feet (County of Los Angeles Fire Code 317.22(3), 317.2.3). 3. Single specimens of trees, ornamental shrubbery, or ground covers are permissible, provided that they do not form a means of transmitting fire from native growth to the structure (County of Los Angeles Fire Code 317.2.2(2)). It is recommended that specimens shall be spaced a minimum of 15 feet or 3 times their diameter from other specimens, structures or surrounding native brush. 4. Access roads shall be maintained with a minimum of 10 feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical. clearance clear to the sky. Trees overhanging fire access roads shall be maintained to provide adequate vertical clearance (County of Los Angeles Fire Code 317.10, 503.1.1 through 503.6). 5. Provide a minimum of 3 feet of brush clearance around all fire hydrants (County of Los Angeles Fire Code 508.5.5). 6. It is strongly recommended that all trees and shrubs shall be maintained free of dead wood and litter. Trees and shrubs may be required to be trimmed up from the ground f /3 of their height. 7. Trees are best trimmed during dormancy or during the winter months. Care should be taken when trimming trees during the spring as this is the nesting season for many species of birds. All plants will bum under extreme fire weather conditions. Fire resistant plants bum at a relatively low intensity, at slow rates of spread and with short fiame lengths. To best protect your home from fire, it is recommended that fire resistant plants be used when landscaping. A list of these plants can be obtained through the County of Los Angeles Fire Department, Brush Clearance Unit, telephone number (626) 969-2375. BRUSH CLEARANCE MAINTENANCE IS A YEAR-ROUND RESPONSIBILITY MINIMUM DISTANCES REQUIRED EXTRA HAZARDOUS AREAS MAY REQUIRE 200 FEET OF CLEARANCE. NOTE: Small lots may make these clemance 6islares impossible. Yoo aro only wsponsible w clear ap to ycm pwoa;ly lines, Gearance W properly ao scent to your bt m :he responslbllity W the adjacent propemy oemer. IF YOU ARE UNCLEAR AS TO THE CLEARANCE REQUESTED, PLEASE CONTACT YOUR LOCAL FIRE STATION CW -K= ntnn