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Home My WebLink About1983-04-19; City Council; 7332-1; Weed Abatement Public Hearing Declaring NuisancesAB# 7332-1 MTG. 4-19-83 DEPT ..... F""'I...,,R __ CIT\ JF CARLSBAD -AGEND/-llLL ~ WEED ABATEMENT -PUBLIC HEARING TO Hf..AR OBJECTIQ'lS TO RESOLUfION DECI.ARl~G NUISAi'lCES AND ADOPT RESOWfION ORDERING ABATEMENT OF NUISANCES RECOMMENDED ACTION: DEPT.Hu,.,,:.~~ CITY ATTY-'_. CITY MGR. 5lt:!:::: 1. City Council hear objections of any property owners concerning abatement of their property. 2. Adopt Resolution No. 1/ '7 o/ directing that the nuisances be abated. ITEM EXPLANATIO.'l: Council adopted Resolution No. 7332 at the April S, 1983 meeting, declaring certain properties a nuisance due to growth of weeds or the presence of combustible vegeta- tion or material. A public hearing was set for the April 19, 1983 meeting to hear objections of property owners. Property c~·rners were advised by mail of the Council's action. Approximately 1,421 parcelg have been identified and noticed as possibly being a nui::;ance. Those parcels which ar<.") not cleaned by the owners and are found to be a nuisance npon re-inspection will be cleaned by a City contractor. FISCAL IMPACT: Omers who fail to clear their lots prior to abatement by the City uill be charged for the actual contract cleru1ing cost, plus an administrative charge of approxi- mately $30. A lien in the amotmt of the total fee will be placed against the property on the tax b~ll. Staff will provide a resolution setting these liens at the Jul) l:.', 1983 Council meeting. EXHIBITS: 1. Resolution No. ~ lit I/ 2. Letter/Notice 3. Resolution No. 71 J J · J. 2 3 4 5 ,#, EXHIBIT "A" -copy attached to original resolution. RESOLUTION NO. __ 71_6_9_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING AS PUBLIC NUISANCES WEEDS, RUBBISH, AND REFUSE, UPON PRIVATE PROPERTY IN THE CITY OF CARLSBAD The City Council of the City of Carlsbad does hereby resolve as follows: 1. That this Resolutit~, and all action taken subsequent hereto in 6 conneclion 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 Council of the City of Carlsbad hereby declares as public 12 nuisances weeds, rubbish and refuse upon those certain parcels of private 13 property in the City of Carlsbad described oiExhibit A, attached hereto 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 Apri 1 19, 1983 at 6:00 p.m., to consider objections of property owners to 19 I said proposed removal of weeds, rubbish and refuse. 20 I 5. The City Clerk of the City of Carlsbad is hereby directed to mail 21 written notices of the proposed abatement of said nuisance's to all persons 22 owning property described in this Resolution. 23 6. The Fire Chief of the City of Carlsbad is hereby designated to perform 241 25: I the duties imposecl by the Califc,rnia Government Code Section 39560, et seq. upon the superintendent. I 26 I // I "7 · II I 2s I 1 PASSED, APPROVED AND 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·anbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None . 4 5 6 ABSENT: None 7 a I ATTEST: 9 \\,, ..•... I I' ,l •\t 10 .···.:,.···~~~~b~~~~~!a:i:.q I ... ,A l1,'li ' . ' . : • ' • ~ \ .. t . . \1.2:· . (SEA~) ,' . ',, 13 14 15 16 17 18 19 20 21 22 23 24 25 " 26 SEE ORIGINAL RESOLUTION FOR EXl!IBIT II A 11 27 28 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 In Reference: Assessor's Parcel No. Dear Property Owner: TELEPHONE: • 'l19) 438-5521 €itp of citarlsbab FIRE DEPARTMENT 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 to a hazardous condition, As owner, the condition of the property is your responsibjlity, If you are no longer the owner of this property, please notify this office immedfately. We ,?ould 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 flammable 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. THE 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. PF.OPERTY 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 above, 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 Friday, Very truly yours, NOTICE TO DESTROY WEEDS 8 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 wa upon or in front of said property and that the weeds and rubbish constitute a public nuisance which must be abated by the removal of the weeds and rubbish. Otherwise they wi 11 be removfd and the nuisdnce wi 11 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 canst i tute a lien upon -;uch land until paid. (NOTE: PROPERTY OWNER:, 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 Resolution is on file in the office of the City Clerk. All property owner& 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 their objections will 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 April, 1983. ~,-~ r--;.,:::,{.,:. ,._ _ ... •'-(,✓w7-:,/ BRIAtl WATSON / Fl RE tlARSHAL ~~/!:~ CI TY CLERK :NKRANZ J 1 2 3 4 5 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLlITION NO. 7199 ---- A RESOLlITION OF 1HE CITY COJNCIL OF 'IHE CI1Y OF CARLSBAD ORDERING 1HE CI1Y MANAGER TO ABATE NUISANCE BY HAVING .,EEDS, RUBBISH .AND REFUSE ✓REMOVED The City Council of the City of Carlsbad does hereby resolve as follows: l. At its meeting of April 19, 1983, the City Co'llllcil of Carlsbad did herein consider all objections to the proposed removal of weeds, rubbish and refuse on certain property located within the City of Carlsbad. 2. Notice of said meeting was given to all affected property owners as required by law. 3. The City Council of the City of Carlsbad did hear all objections, if any, to the proposed removal of weeds, rubbish and refuse, and at the conclusion of the hearing did overrule any said objections, if any, except as follO\~s: N:M: 4. The City Council of the City of Carlsbad does hereby direct the City Manager of the City of Carlsbad to abate the nuisances on the identified parcels, except as stated above, by having the weeds, rubbish and refuse thereon removed. II 1 2 3 ; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 P.ASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 19th day of April , 1983 by the following vote, to wit: I AYES: Council M:rrbers easier, I.ewis, I<uldti.n, Chick and Prescott NOES: None ABSENf: None ATIEST: (SEAL)