January 7, 1999

The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012

Dear Supervisors:

RESOLUTION DECLARING NOXIOUS OR DANGEROUS
WEEDS, BRUSH, RUBBISH, ETC. IN LOS ANGELES COUNTY
A SEASONAL AND RECURRING NUISANCE

(ALL DISTRICTS)

(3-VOTES)

IT IS RECOMMENDED THAT YOUR BOARD:

1. Adopt attached Resolution at your meeting of January 19, 1999, establishing the following dates and time for Hearing of Protests by the Weed Abatement Referee. February 17, 1999 meeting at 9:30 a.m. in the conference room of the Agricultural Commissioner, located at 3400 La Madera Avenue, El Monte and February 18, 1999 at 9:30 a.m. in the Antelope Valley at 335A E. Avenue K-6, Lancaster.

2. Set March 23, 1999 at 9:30 a.m. as the date and time for hearing on the Weed Abatement Referee's Report to abate noxious or dangerous weeds, brush, rubbish, etc. on unimproved parcels.

The Honorable Board of Supervisors
January 7, 1999
Page 2

PURPOSE OF RECOMMENDED ACTION:

Attached is the Resolution declaring noxious or dangerous weeds, brush, rubbish, etc., in Los Angeles County a seasonal and recurring nuisance. Unimproved properties have been found by inspection to be overgrown with weeds and brush or to contain flammable rubbish. Said weeds and brush have attained such a growth as to become, when dry, a fire menace to adjacent improved property.

JUSTIFICATION:

Properties found by inspection to be overgrown with weeds and brush or to contain flammable rubbish.

1.Said weeds and brush have attained such a growth as to become, when dry, a fire menace to adjacent improved property.

2.The County of Los Angeles has a duty to protect the public safety and to take any and all actions necessary to abate a public nuisance.

FISCAL IMPACT:

There are no net county costs.

FINANCING

Agricultural Commissioner/Weights and Measures will assess charges directly to private property owners if they do not comply with notice to abate and our services are required. Costs for the weed abatement services are recovered by assessments, and will include full overhead charges.

The Honorable Board of Supervisors
January 7, 1999
Page 3

FACTS AND PROVISIONS/ LEGAL REQUIREMENTS:

The Department of Agricultural Commissioner/Weights and Measures has adopted as policy relating to the clearance of weeds and brush that reasonable estimates of charges will be given if the projected charges are in excess of $750 for work other than routine discing. Notice to destroy weeds, remove brush, rubbish, refuse and dirt will be mailed to the property owners in the form required in Section 14892 of the California Health and Safety Code upon receipt of your approval. An affidavit of mailing will be returned to you when the mailing of notices as provided in Section 14896 of the Health and Safety Code has been completed.

IMPACT ON CURRENT SERVICES:

The Department will contract with private contractors for equipment, supplies and temporary personnel to perform the required weed abatement services.

Respectfully submitted,

CATO R. FIKSDAL
Agricultural Commissioner/
Director of Weights and Measures

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Attachments

Bdltr.shl

RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES
DECLARING PUBLIC NUISANCE

WHEREAS, weeds and brush growing upon property and upon the

streets and sidewalks in front of such property often bear seeds of a winged or downy nature or attain such large growth as to become, when dry, a fire menace to adjacent improved property or which are otherwise noxious or dangerous: and

WHEREAS, the presence of dry grass, stubble, brush, litter or other flammable materials upon streets, sidewalks, and property, and rubbish, refuse and dirt on said property, are conditions which endanger the public safety and constitute a public nuisance and should therefore be abated: and

WHEREAS, such dry grass, stubble, brush, litter or other flammable materials are a seasonal and recurrent nuisance on such property located within the County of Los Angeles (the "County"); and

WHEREAS, the County of Los Angeles has a duty to protect the public safety and to take any and all actions necessary to abate a public nuisance; and

WHEREAS, Division 12, Part 5 of California Health and Safety Code (Sections 14875 through 14922, inclusive), authorizes the Board of Supervisors, by resolution, to declare a public nuisance and to authorize the abatement thereof.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AS FOLLOWS:

SECTION 1. Board Finds. The Board of Supervisors of the County of Los Angeles hereby finds that the weeds or dry grass, stubble, brush, litter, or other flammable material in and upon and in front of the real property as described in Exhibit 1, or rubbish, refuse or dirt upon or in front of said property, constitute and are hereby declared to be a seasonal recurrent public nuisance which should be abated.

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SECTION 2. Notice. (a) The County Agricultural Commissioner/Director of Weights and Measures (the "Commissioner") is hereby designated, authorized and directed to give notice to destroy said weeds or dry grass, stubble, brush, litter, or other flammable material, and/or remove brush, rubbish, refuse or dirt, from the described property.
(b) Not less than 10 days prior to the date of the hearing, the Commissioner shall cause notice to be given to each property owner by mail as their names and residential addresses and a description of the property in question appear from the last equalized assessment roll, or as they are known to the clerk.
SECTION 3. Hearing. On Wednesday, the 17th of February, 1999, at the hour of 9:30 a.m., in the conference room of the Agricultural Commissioner, located at 3400 La Madera Avenue, El Monte, California and in the Antelope Valley at 335A E. Ave. K-6, Lancaster, on February 18, 1999 at 9:30 a.m., is fixed by this Board as the time and place when and where any and all property owners having any objections to the aforementioned proposed removal

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of weeds or dry grass, stubble, brush, litter or other flammable materials may appear before the weed abatement referee and show cause why said weeds or grass, stubble, brush, litter or other flammable material should not be removed in accordance with this Resolution, and said objections will then and there be heard and given due consideration.

SECTION 4. Recovery of Inspection costs. (a) The Commissioner is hereby authorized and directed to recover its cost of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspections. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a public nuisance and endanger the public safety.

(b) The property owners of the property, upon which, or in front of which the nuisance exists, shall be presented, both in writing and at the above-referenced hearing, with information regarding the cost of inspection.

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EXHIBIT 1
DESCRIPTION OF PROPERTIES

In accordance with Chapter 2, Part 5, Division 12 of the California Health and Safety Code (commencing with Section 14880), the properties, upon which, or in front of which the nuisance exists, are hereby described in the Declaration List of properties.

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NOTICE TO DESTROY WEEDS
REMOVE BRUSH, RUBBISH, REFUSE, AND DIRT

NOTICE IS HEREBY GIVEN THAT on the 19th day of January, 1999, the Board of Supervisors of the County of Los Angeles passed a resolution declaring noxious or dangerous weeds, tumbleweeds, sagebrush, and/or chaparral were growing upon or in front of said property or certain streets in said city or unincorporated area of the County of Los Angeles, and more particularly described in the resolution, and that they constitute a fire hazard or public nuisance which must be abated by the removal of said weeds, brush, rubbish, refuse, and dirt, otherwise they may be removed and the nuisance abated by city or county authorities and the cost of removal assessed upon the land from or in front of which the weeds, brush, rubbish, refuse and dirt are removed, and such cost will constitute a special assessment against such lots or lands. In addition, the Board of Supervisors authorized and directed the Agricultural Commissioner to recover its costs of details. All property owners having any objections to the proposed removal of weeds, brush, rubbish, refuse and dirt, and

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the recovery of inspection costs, are hereby notified that they may attend a weed abatement referee hearing (1) in the Antelope Valley at Los Angeles County Administrative Bldg. 335A E. Ave. K-6, Lancaster, CA 93535, on February 18, 1999 at 9:30 a.m. or (2) a hearing of the Weed Abatement Referee at 3400 La Madera Avenue., El Monte, CA 91732, on February 17, 1999 at 9:30 a.m. Protests which are not resolved will be sent before the Board of Supervisors when their objections will be heard and given due consideration.

If the property owner does not want to present objections to the proposed removal of the weeds, brush, rubbish, refuse and dirt, or to the recovery of inspection cost, the owner need not appear at the above mentioned hearings.

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I DO HEREBY CERTIFY that the foregoing resolution was on the day of , 1999, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.

JOANNE STURGES, EXECUTIVE OFFICER-
Clerk of the Board of Supervisors of
the County of Los Angeles

By
Deputy

APPROVED AS TO FORM
BY COUNTY COUNSEL:

DE WITT W. CLINTON

BY
Deputy

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