Lomita Municipal Code Ch. 13 Trimming of Hazardous Palm Trees

Palm tree: "Palm tree" means any of the Palmae family of tropical or subtropical monocotyledonous trees or shrubs, having usually a woody, branchless truck and large, evergreen, featherlike or fan-shaped leaves growing in a bunch at the top.

Frond: "Frond" means the leafy branch of the palm tree.

(Ord. No. 455, § 1, 12-4-89)

It shall be unlawful for any person to permit or suffer the existence of dead palm tree fronds, upon any lot or parcel of land under their ownership, custody or control. The existence of dead palm tree fronds shall constitute a nuisance which shall be unlawful.

(Ord. No. 455, § 1, 12-4-89)

Upon a finding by the city manager that any dead palm tree frond is a nuisance, the city manager may remove or cause to be removed such hazardous fronds from any palm tree on publicly owned property after securing the consent of the public entity having jurisdiction over such property, and may remove any such frond from any palm tree on privately owned property after the owner has been given notice of a determination that the dead palm tree frond is a public nuisance. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

Whenever the city manager determines that dead palm tree fronds are creating a hazard and blight within the city, the city manager may cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city.

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

Notice of the time and place of hearing before the city manager shall be titled, "NOTICE OF HEARING," in letters not less than one (1) inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART

NOTICE IS HEREBY GIVEN that on _______ day of _______, 19___, at the hour of ___M., of said day, the City Manager or his designated Hearing Officer will hold a public hearing in the council chambers of Lomita City Hall, located at 24300 Narbonne Avenue, Lomita, California, to ascertain whether certain palm trees situated in the City of Lomita, State of California, and more particularly described as _______ constitute a public nuisance subject to abatement. If said palm trees, in whole or in part, are found to constitute a public nuisance and if the same are not properly abated by the owner, such nuisances may be abated by municipal authorities, and the rehabilitation, or repair will be assessed upon such premises and such costs will constitute a lien upon such land until paid.

Said alleged violations consist of the following:

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Said methods of abatement available are:

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All persons having any objections to, or interest in said matters are hereby notified to attend a Hearing before the City Manager or his designee to be held on the _______ day of _______, 19_______, at the hour of _______M., when their testimony and evidence will be heard and given due consideration.

DATED: This _______ day of _______, 19___.

City Manager

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

(a) The city manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of each of the affected premises a copy of the notice required by section 3-13.06 and shall cause a copy thereof to be conspicuously posted on each of the affected premises in accordance with the provisions of section 3-13.05.

(b) Said notice shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing, proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the hearing board.

(c) The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

The hearing to determine whether a nuisance exists shall be conducted by a hearing board, city manager or his duly authorized representative, who shall act as the hearing officer. At the hearing, the city manager shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the city manager shall determine whether a nuisance within the meaning of this chapter exists.

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

(a) The decision of the hearing officer shall be final and conclusive in the absence of an appeal as provided in this chapter. If no appeal is filed, the order of abatement is final five (5) working days following issuance.

(b) The hearing officer (within five (5) working days of the hearing) shall give written notice of his decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the palm tree nuisance and protect the health, safety and welfare of the community, including but not limited to the imposition of a continuous maintenance or abatement program.

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

If the nuisance is not abated within the time set by the order of abatement, the city manager is expressly authorized to enter upon the premises for the purpose of abating the palm tree nuisance with city equipment and city personnel.

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)

If the city determines to abate the palm tree nuisance, the total actual cost to the city cost of abating such nuisance shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

(a) After such confirmation and recordation, a certified copy of such notice shall be sent to the tax division of the county auditor-controller's office, whereupon it shall be the duty of said auditor-controller to add the amounts due as confirmed by the hearing officer to the respective assessments to the next regular tax bill levied against said respective lots and parcels of land for municipal purposes; and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

(b) After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN (CLAIM OF CITY OF LOMITA)

Pursuant to the authority vested by the provisions in the Lomita Municipal Code, the City Manager of the City of Lomita (or his designated agents) did on or about the _______ day of _______, 19___, cause the premises hereinafter described to be rehabilitated, or the fixture or structure on the property hereinafter described to be repaired, in order to abate a public nuisance on said real property; and the City of Lomita did on the _______ day of _______, 19___, assess the costs of such rehabilitation or repair upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Lomita does hereby claim a lien on such rehabilitation or repair in the amount of said assessment, to wit: the sum of $_____; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Lomita, County of Los Angeles, State of California and more particularly described as follows:

(DESCRIPTION)

DATED THIS _______ DAY OF _______, 19___.

CITY MANAGER, CITY OF LOMITA, CALIFORNIA

(Ord. No. 455, § 1, 12-4-89; Ord. No. 699, § 1, 4-2-07)