HomeMy WebLinkAboutResolution No. 13-C07RESOLUTION NO. 13-C7
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 (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 19th of
February, 2013, 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
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known to the Los Angeles County Tax Assessor, and said notice shall be substantially in the form as
provided in Exhibit 2 of this resolution.
SECTION 3. Hearing. Tuesday, the 19 of February 2013, at the hour of 7:30 p.m., in the Council
Chamber of the 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 County of Los Angeles Agricultural
Commissioner are hereby authorized and directed to recover abatement enforcement costs in a
manner consistent with prior action of the Los Angeles County Board of Supervisors when they
adopted an Administrative Fine,
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 41h day of February, 2013.
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Joseph 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 4`h day of February, 2013.
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Vera Mendoza, City Clerk