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Home My WebLink About1983-04-05; City Council; 7332; Declaration of Public Nuisances Weed Abatement,-. CITY C. CARLSBAD -AGENDA 1-.L AB# 7 3 3 .R. IllY; MTG. 4-5-03 DEPT. ___ FI_R __ RECOMMENDED ACTION: OECLARATI (l'-J OF PUBLIC NU I SAl~CES IN CONJUNCTION WITH THE CITY 0~ CARLSBAD WEED ABATEMENT PROGRAM Approval and adoption of a resolution declaring nuisances and setting hearing for Apr! I 19, 1983. ITEM EXPLANATION: Annually, the City carries out a weed Abatement ~rogram to eliminate the fire hazard and nuisance caused by dry weeds and rubbish on lots within the City. The fire department has identified 1421 parcels where a fire hazard or-nuisance may exist during the drier periods of the year. Upon approval of the resolution, a letter and official notice will be .mailed to al 1 effected property owners. If, by May 15, 1983, the prop~rty owners have not abated the hazard or nuisance,City contract crews will clean the propertie~ and a lien wil 1 be filed against the property for cleaning costs and administrative costs. The resolution also names the Fi re Chief as the person responsible for the opera- tion of the Weed Abatement Program. FISCAL IMPACT: Cleaning costs and a pro-rata share of the administrative costs will be paid by the owners of those lots requiring cleaning by the City. The percentage of the administrative costs recovered is proportional to the number of lots cleaned by the City. However, 100% of the costs will not be recovered. Total administrative cost for the entire weed abatement program for last year was $7,520. Of that amount, an~roximately $3,900 will be recovered. EXHIBITS: 1. Letter/Notice 2. lnformat ion Sneet/Contractor List 3, Resolution No.~ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 In Reference: Assessor's Parcel No. Dear Property Owner: (itp of (arl~bab FIRE DEPARTMENT TELEPHONE: (819) 438-5521 A recent inspection has disclosed that the property described by the above Assessor's Parcel Number has vegetation (grass, weeds, or brush), litter, or refuse upon it which may contribute t:o a hazarc\ous condition. As owner, the condition of the property is your responsibility. If you are no longer the owner of this property, please notify this office immediately. We would appreciate your furnishing us with the new owner's name and address, In conformity with the provisions of Sections 59560 et, seq, of the California Government Code, you are hereby notified to remove such vegetation and refuse from the above mentioned property by May 15, 1983, Poster notices will not be placed on the property, Please refer to the notice on the reverse side of this letter. Property cleared and maintained free of flammablP vegetation and refuse that complies with the requirements listed on the enclosed Fire Prevention Information Sheet is not subject to further action by this department, After May 15, 1983, property that is not cleared and maintained by the owner is sub- ject to being cleared by City Contracted crews as manpower and equipment are avail- able. 'fHE COST FOR CLEANING, PLUS AN ADMINISTRATIVE CHARGE OF APPROXIMATELY $30.00, WILL BE ADDED TO THE OWNER'S TAX STATEMENT, The condition of property not cleared by City Contracted crews remains the responsibility of the owner and legal action may be initiated to enforce applicable regulations, PROPERTY OWNERS ARE URGED TO CLEAN, OR ARRANGE FOR THE CLEANING OF, THEIR PROPERTIES, As was the case last year, the City will not arrange for the cleaning of any property except through the procedures outlined abov~. A list of local weed abatement con- tractors is enclosed for your convenience. For further information, you may phone 438-5523, 8:30 a,m. to 4:30 p.m., Monday through 1' -:iday. NOTICE TO DESTROY WEEDS I REMOVE RUBBISH Notice is hereby given that on the 5th day of April, 1983, the City Council of the City of Carlsbad passes a Resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on certain streets in the City as described in the Resolution and that rubbish was upon or in front of said prop&rty and that the weeds and rubbish constitute a public nuisance which must be abated by the removal of the weed~ and rub bi sh. Otherwl sc they wl 11 be removed and the nuisance will be abated by the City and the cost of removal assessed upon the land from or in front of which the weeds or rubbish are re- moved and wi 11 constitute a Ii en upon such I and un ti I paid. (NOTE: PROPERTY OWNERS WITH SPECIAL CLEANING PROBLEMS MUST CONTACT THE CITY FIRE MARSHAL PRIOR TO MAY 15, 1983, Reference is hereby made to said Resolution for further par- ticulars. A copy of the Reso,Jtion is on file in the office of the City Clerk. All property owners having any objection to the removal of such weeds are hereby notified to attend a meeting of the City Council of said City on April 19, 1983, at 6:00 p.m. when thel r objections wi 11 be heard and given due consideration. A public hearing is scheduled at 6:00 p.m. on July 19, 1983, by the City Council of said City to consider the Weed Abatement Cost Report. This Cost Report will be posted for one week prior to the hearing. Objections may be heard at this public hearing. For further information on the location of the meeting please call 438-5523. Dated this 5th day of Apri I, 1983. ~~•c-~ BRIAN WATSON -/ .. FI kE IIARS HAL ()M4/.te~ ALETHA L. RAUTENKRANZ CITY CLERK 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008•1989 cttitp of cttarlsbab FIRE DEPARTMENT FIRE PREVENTION INFORMATION I, WEED ABATEMENT AND HAZARD REDUCTION: TELEPHONE: (819) 438-5521 Removal of fire hazard conditions shall meet the standards and approval of the Car 1 sbad Fl re Marsha I. 1. Grass, weeds, trash, rubbish and other flammable materials shall be removed from vacant lots, yards, courtyards, parkways and other locations as speci- fied by the fire department. 2. Native brush and chaparral shall be cleared or thinned, and all ground 11 t ter removed for a distance of 30 feet, or to the property 11 ne, from ;-,11 structures. 3, Methods of cleaning properties by the City shal I be by discing under, power mowing, hand lat,or and/or hauling to a County dump site. 4. Herbicides: Herbicides and chemical sprays will not be used by the City. 5, Open Burning: Regulations of the San Diego County Air Pollution Control District prohibit open burning. Cleaning must be accomplished by discing under, mowing, hand labor, or hauling to a County dumpsite. II. SPECIAL CONDITIONS 1. Eucalyptus trees -remove all leaves, limbs, litter, debris -,nd ioc,se bark from the ground. 2. Inactive groves (citrus, avocado, etc.) -remove all trees, disc the property and maintain In this condition. 111. STRUCTURES IN BRUSH COVERED AREAS 1. All chimney, stovepipe or flue outlets are required to be equipped with an approved spark arrester. 2, Remove that portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe. 3, Maintain any tree adjacent to or overhanging any building free of dead or dying wood. 4. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth. IV. COST OF CLEANING 6Y THE CITY The cost of cleanirg parcels by the City is based on a square foot unit price for discing anc mowing. The cost of cleaning by hand labor and rubbish haul Ing is based on an hourly rate per man. The charqe for cleaning by the City will also reflect an added administrative charge for each parcel of opproximately S30.00 3 -#, EXH:BIT "A" -copy attached to original resolution. l RESOLUTION NO. __ 71_6_9_ 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of-CARLSBAD DECLARING AS PUBLIC NUISANCES WEEDS, RUBBISH, AND REFUSE, 3 UPON PRIVATE PROPERTY IN THE CITY OF CARLSBAD 4 The City Council of the City of Carlsbad does hereby resolve as follows: 5 1, That this Resolution, and all action taken subsequent hereto in 6 connection herewith, is taken pursuant to the provisions of California 7 Government Code Section 39560, et seq. (Article 2. Alternate Procedures Under 8 Chapter 13, Weed and Rubbish Abatement). 9 2. Words used in this Resolution and its subsequent action in connection 10 herewith shall be defined as outlined in said Code sections. 11 3, The City Councl 1 of the City of Carlsbad hereby declares as pub I ic 12 nuisances weeds, rubbish and refuse upon those certain parcels of private 13 I property in the City of Carlsbad described orfExhibit A, attached heretc and 14 by this reference Incorporated herein. 15 4. The City Council of the City of Carlsbad hereby declares its intention 16 to cause the removal of said weeds, rubbish and refuse. A public hearing will 17 be held in the City Council Chambers at 1200 Elm Avenue, Carlsbad, California 18 on April 19, 1983 at 6:00 p.m., to consider objections of property owners to 19 I said proposed removal of weeds, rubbish and refuse. 5, The City Clerk of the City of Carlsbad ls hereby directed to mall written notices of the proposed abatement of said nuisances to all persons owning property descrioed in this Resolution. 20 21 22 23 6. The Fire Chief of the City of Carlsbad is hereby designated to perform 24 the duties imposed by the California Government Code ;ection 39560, et seq. 25 11pon the superintendent. 26 // 27 // 28 // If '1 l PASSED, APPROVED ANO ADOPTED at a regular meeting of the City Council 2 on the 5th day of April, 1983 by the following vote, to wit: 3 AYES : Council I•arbers casler, Lewis, Kulch:in, Chick and Prescott 4 5 6 7 NOES: None ABSENT: None 8 ATTEST: ... 13 14 15 16 17 18 19 I 20 21 22 23 24 25 I 26 SEE ORIGINAL RESOLUTION FOR EXHIBIT "A" 27 28