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HomeMy WebLinkAbout1984-04-03; City Council; 7690; Declaration of Public Nuisances Weed Abatement---Cir. )F CARLSBAD -AGEND. 31LL AB# ?G. o/0 MTG. 4/3/84 DEPT,, .... E...,I...,R __ ~ DECLARATION OF PU8LIC NUISANCES Ii~ CONJUNCTIOll \-!ITH THE CITY OF CARLSBAD WEED ABATEMENT PROGRAM DEPT. HD,,_,,.,,__ CITYATTY-K.I.,;;~ CITY MGR.~: I RECOMMENDED ACTION: Approva 1 and adoption of a reso l uti 011 uccl ari ng nuisances, and setting hearing for April 17, 19u4. ITEM EXPLAilATIOtl: Annually, the City carries out a Weed Abatement rrogram to eliminat,· the fire hazard and nuisance caused by dry weeds and rubbish on lots within the city. The fire department hds identified 1733 parcels whe1~ 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 all effected property owners, If, by May 14, 1984, the property owners have not abated the hazard or nuisance, City contract crews will clean the properties and a lien will be fi J against the property for cleaning costs and admini~ strati ve cos ts. Th~ resolution also names the fire chief as the person responsible for the operation of the Weed Abatement Program. FISCAL If.!PI\CT: Cleaning costs and a pro-rata share of the administrative costs will be paid by the 01mers of those lots requiring cleaning by the City. The percentage of tne administrative costs recovered is proportional to the number of lots cleaned by the City. However, 100% of the costs will not be recovered. EXilfoITS: 1. Ltltter/lloti ce 2. Information Sheet/Contractor List 3. Resolution No. 7SS:;;l__ !' ',, ' ' ,,t -t, l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16· 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7553 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 Counci 1 of the City of Carlsbad does hereby resolve as follows: 1. That this Resolution, and all action taken subsequent hereto in connection herewith, is taken pursuant to the provisions of California Government Code Section 39560, et seq. (Article 2, Alternate Procedures Under Chapter 13, Weed and Rubbish Abatement). 2. Words used in this Resolution and its subsequent action in con- nection herewith shall be defined as outlined in said Code sections. 3. The City Council of the City of Carlsbad hereby declares as public nuisances weeds, rubbish and refuse upon those certain parcels of private property in the City of Carlsbad described on~Exhibit A, attached hereto and by this reference incorporated herein. 4. The City Council of the City of Carlsbad hereby declares its intention to cause the removal of said weeds, rubbish and refuse. A public hearing will be held in the City Council Chambers at 1200 Elm Avenue, Carlsbad, California on April 17, 1984 at 6:00 p.m., to consider objections of property owners to said proposed removal of weeds, rubbish and refuse. 5. The C~ty Clerk of the City of Carlsbad :s hereby directed to mail written notices of the proposed abatement of said nuisances to all persons owning property described in this Resolution. 6. The fire chief of the City of Carlsbad is hereby designated to perform the duties imposed by the California Government Code Section 39560, et. seq. upon the superintendent. II II If SEE ORIGINAL RESOLUTION FOR EXHIBIT "A" , ...... ", " I . ' .. l 2 31 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 3rd day of April, 1984 by the following vote, to wit: AYES: Council M:nbers Casler, Lewis, Kulchin, Cllick and Prescott NOES: None ABSENT: None ATTEST: (SEAL) 1200 ELM AVENUE CARLSBAD, CA 92008·1989 TELEPHONE (819) 43d-5521 ~itp of <tCarl~bab 111 Reference: FIRE DcPARTMENT Assessor's Parcel No. Dear Property Owner: 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 conditi.on of the property is your responsibility. If you are no longer the owner of this property, please notify this office inmediately. We would appreciate your furnishing us with the new owner's name and address. In conformity with the provisions of Sections 39560, et. seq. , of the California Government Code, you are hereby notified to remove such vegetation and refuse from the above mentioned property by May 14, 1984. 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 flarrmable vegetation and refuse that complies with the requirements listed on the ~nclosed Fire Prevention Information Sheet is not subject to further .1ction by this department. After May 14, 1984, property that is not clea~ed and maintained by the owner is subject to being cleared by City contracted crews as manpower and equipment are available. TIIE COST FOR CLEANING, PLUS AN ADMIIHSTRATIVE CHARGE OF APPROXIMATELY $35 WILL BE ADDED TO THE OWNER'S TAX STATEMENT. The condition of property not cleared by City contracted crews remains the responsibility of the owner and legal action may be initiated to enforce applicable regulations. PROPERTY OWNERS ARE URGED TO CLEAN, OR ARRANGE FOR TIIE CLEANIIIG OF THEIR PRGPERTIES. As was the case last year, the City will not arrange for the cleaning of any property ex~ept through the procedures outlined above. A list of local weed abatement contractors is enclosed for your convenience. For further information, you may phone 438-5523, 8:30 a.m to 4:30 p.m., Monday through Friday. Very truly yours, BRIAN WATSON Fi re Marsha 1 fg enclosure SEE NOTICE 9.!!. REVERSE .?l.QI \ "\ NOTICE TO DESTROY WEEDS I REMOVE RUBBISH IIOTICE IS HEREBY GIVEN that on the 3rd day of April, 1984, the City Council of the City of Carlsbad passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on certain streets in the city as described in the resolution and that rubbish was upon or in front of said property, and that the weeds and rubbish constitute a public nuisance which must be abated by the removal of the weeds and rubbish. Otherwise they will be removed and the nuisance will be abated by the City and the cost of removal asse$sed upon the 1 and from or in front of whi c!, the weeds or rubbish are removed and will constitute a lien upon such land until paid. {NOTE: PROPERTY OWNERS WITH ~iPECIAL CLEANING PROBLEMS MUST CONTACT THE CITY FIRE MARSHAL PRIOR TO APRIL 14, 1984. Reference is hereby made to said resolution for further particulars. A copy of the resolution 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 17, 1984, 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 17, 1984 by the City Council of said City to consider the Weed Abatement Cost Report. This Cost Report wi 11 be posted for one week prior to the hearing. Objections may be heard at this public hearing. For '=urther information on the loc.ation of the meeting, please call 438-5523. Dated this 3rd day of April, 1984. BRIAN WATSON Fi re Marsha 1 ALETHA L. RAUTENKRANZ City Clerk \ \ 1200 ELM AVENUE CARL~BAD, CA 92008-1989 TELEPHONE (819) 438-5521 (itp of Carl~bab FIRE DEPARTMENT FIRE PREVENTION INFORMATION I. WEED ABATEMENT AND HAZARD REDUCTION Removal of fire hazard conditions shall meet the standards and approval of the Carlsbad Fire Marshal. A. Grass, weeds, trash, rubbish and other flar.mable materials shall be removed from vacant lots, yards, courtyards, parkways and other locations as specified by the fire department. B. Native brush and chaparral shall be cleared or thinned, and all ground litter removed for a distance of 30 feet, or to the property line, from a 11 structures. C. Methods of cleaning properties by the City sha 11 be by discing under, power mowing, hand labor and/or hauling to a County dump site. D. Herbicides: herbicides and chemical sprays will not be used by the City. E. 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 dump site. II. SPECIAL CONDITIONS A. Eucalyptus trees: remove all leaves, limbs, litter, debris and loose bark from the ground. B. Inactive groves (citrus, avocado, etc.): remove all trees, disc the property and maintain in this condition. III. STRUCTURES IN BRUSH COVERED AREAS A. All chimney, stovepipe or flue outlets are required to be equipped with an approved spark arrester. B. Remove that portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe. C. Maintain any tree adjacent to or overhanging any building free of dead or dying wood. D. Maintain the roof of any structure free of, leaves, needles, or other dead vegetative growth. IV. COST OF CLEANING BY THE CITY The cost of cleaning parcels by the City is based on a square foot unit price for discing and mowing. The cost of cleaning by hand labor and rubbish hauling is based on an hourly rate per man. The charge for cleaning by the City will also reflect an added administrative charge for each parcel of approximately $35. \ WEED ABATEMENT CONTRACTORS Bradford's Tractor Service Compton, Rex Frazee, Elmer Ingold Tractor Service Peyton Tractor Works Rototilling Specialty Seva Services Target Services Whitney, Ed - 724-7023 433-4634 433-6963 729-3553 729-0774 942-1070 295-2215 727-2995 434-5554 March 28, 1984 TO: Lee Rautenkranz, City Clerk FROM: Firefighter Warren Please add the following parcel to your Weed Abatement list. 212-040-22 Vista Loma Investments 1'.0. Box 1184 Carlsbad, CA 92008 ~~~i)~ EARL WARREN