CORRESPONDENCE_13A_3_NOAH APODACA

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Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, January 07, 2014 11:06 AM To: Trujillo, Rose Ann; Mitre - Ramirez, Norma; Orozco, Norma Subject: FW: Formal notice to the City of Santa Ana - Take no action upon APN 002- 037 -56 SORRY, thought it should be added to packet for tonight's meeting, but issue not related to anything on the Agenda. From: Noah Apodaca [ Sent: Monday, January 06, 2014 8:59 PM To: Ono, Ron; Lawrence, Mark; Huizar, Maria; Council; Tinajero, Sal; Amezcua, Angelica; Reyna, Roman; Benavides, David; Martinez, Michele; Sarmiento, Vince; Pulido, Miguel; Galvez, William E.; Higgins, Taig; Haluza, Karen; Carvalho, Sonia R. Cc: Paul Apodaca Subject: Formal notice to the City of Santa Ana - Take no action upon APN 002 - 037 -56 City officials Recently, Santa Ana's Parks and Recreation department notified a Santiago Creek property owner that Parks & Rec will be entering private property to cut and remove trees therein. This action would be a clear violation of the City's Municipal Code Section 16 -49 through 16 -54 which describes the process by which private property owners are to be notified of a need to clean premises and given opportunity to do so prior to the City taking action. Additionally, this section of Code gives the authority for these kinds of notifications and actions to the Director of Public Works and not Parks and Recreation. I have expressed this in a previous email to Mr. Lawrence, but feel that based on Park & Rec's recent overstepping of their authority, formal notification needs to be given to a wider audience: This email serves as a notice to the City that no action is to be taken in terms of cutting, trimming, pruning, removing, adding, planting, landscaping, or any other "maintenance" action or activity upon OC Assessor's Parcel Number 002- 037-56 ( "Lot 56 ") which lies within the Santiago Creek between the 5 Freeway and Jack Fisher Park. As an empowered representative of the property's owners, I formally declare that any such action by the City of Santa Ana will be addressed aggressively to the fullest extent of the law. APN 002 - 037 -56 is private premises, private residential property as zoned by the City, and Parks and Recreation has no jurisdiction or authority upon it. The City is not empowered to perform any "maintenance" activities upon this property via any Agency or Department. Pursuant to California Civil Code 1008 & 1009, individuals entering Lot 56 do so by permission of the property owners. This lot is not public space, is not available for City use, and all rights of the landowners are reserved. The City has recently conducted a survey and topography of this area, so the location of the private property boundaries are well known and irrefutable. Mr. Taig Higgins was kind enough to mail me a copy of that survey, and I strongly encourage each of you to contact him to obtain a copy for your own direct reference. There is no excuse for a lack of knowledge of, or respect for, the private residential property boundaries in this area. 1 1/10/2014 1:36 PM 1:36 PM