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Home My WebLink AboutResolution No. 11-C08RESOLUTION NO. 11-C8 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 14875, 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 22 of February, 2011, 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 22 of February 2011, 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 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 7 day of February, 2011. zx-tcd ,I&A/t oseph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof held on the 7 day of February, 2011. AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, HANKS; MACIAS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSENT: ) COUNCIL MEMBERS: NONE Vera Mendoza, City Clerk 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 DATE 11 16 10 ZONE CITY CODE STREET ADDRESS PARCEL NO. 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 1561 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 RANCH RD 8684 023 014 06 050 1724 RANCH RD 8684 023 015 06 050 1720 SAN GABRIEL CANYON RD 8684 023 016 06 050 1830 N RANCH RD 8684 023 017 06 050 2350 N SAN GABRIEL CANYON RD 8684 027 004 ( 06 050 1460 N HILLTOP DR 8684 034 006 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 DR 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 034 034 06 050 389 E SIERRA MADRE AVE 8684 035 011 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 KEY LW13 ZONE \ 06 06 06 06 LOS ANGELES COUNTY DECLARATION LIST PAGE IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED CITY CODE 8684 STREET ADDRESS 050 1543 N HILLTOP DR 050 1537 N HILLTOP DR 050 1531 N HILLTOP DR 050 1564 N HILLTOP DR 2 DATE 11 16 10 PARCEL NO. 8684 036 035 9 8684 036 036 8 8684 036 037 7 8684 036 047 5 KEY C C C C LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED ZONE CITY CODE STREET ADDRESS WEED KEY C TOTAL IMPROVED/VACANT RECORDS WEED KEY C TOTAL IMPROVED RECORDS WEED KEY C TOTAL RECORDS 0 51 3 DATE 11 16 10 PARCEL NO 51 KEY I 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 7�h of February, 2011 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 existing public nuisances and in violation of the County of Los Angeles Fire Code (the "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 constiitute a lien upon the parcel until paid. The City Council of the City of Azusa also authorized'iand 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. All Parcel owners having any objection to the combustible growth or flammable vegetation, proposed removal of brush, dry grass, weeds, I 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, 2010. 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 native and I 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