HomeMy WebLinkAbout1984-04-17; City Council; 7690-1; Weed Abatement Public Hearing Declaring NuisancesCIT,JF CARLSBAD -AGEND;-SILL
AB# 7690-1
MTG, 4/17 /84
DEPT FIR
IJILE;
RECOMMENCED ACTION:
WEED ABATEMENT -PUBLIC HEARING TO HEAR OBJECTIONS TO RESOLUTION DECLAR-
ING NUISANCES AND ADOPT RESOLUTION
ORDERING ABATEMENT OF NUISANCES
DEPT.
CITY ATTY\1
CITY MGR,_
1. City Council hear objections of any property owners concerning
abatement of their property.
2. Adopt Resolution No. 757(,, directing that the nuisances be
abated.
ITEM EXPLANATION:
Council adopted Resolution No. 7553 at the April 3, 1984 meeting,
declarini certain properties a nuisance due to growth of weeds or
the presence of combustible vegetation or material. A public hearing
was set for the April 17, 1984 meeting to hear objections of
property owners. Property owners were advised by mail of the
Council's action.
Approximately 1733 parcels have been identified and noticed as possi-
bly being a nuisance. Those parcels which are not cleaned by the
owners and are found to be a nuisance upon re-inspection will be
cleaned by a City contractor.
FISCAL IMPACT:
Owners who fail to clear their lots prior to abatement by the City
will be charged for the actual contract cleaning cost, plus an
administrative charge of approximately 135. A lien in the amount of
the total fee will be placed against the property on· the tax bill.
Staff will provide a resolution setting these liens at the July 17,
1984 Council meeting.
EXHIBITS:
1. Resolution No. 7553
2. Letter/Notice
3. Resolution No. ?57G,
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RESOLUTION NO. 7553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
DECLARING AS PUBLIC NUISANCES WEEDS, RUBBISH, ANO REFUSE
UPON Pf..IVATE PROPERTY IN THE CITY OF CARLSBAD
The City Council 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 incorp~rated 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 City Clerk of the City of Carlsbad is hereby directed to mail
written notices of the proposed abatement of said nuisances to all persons
owning property described., this Resolution.
6. The fire chief of the City of Carlsbad ; s hereby designated to
perform the duties imposed by the California Government Code Section 39560,
et. seq. upon the superintendent.
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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: Comcil M?nt:lers Casler, Lewis, Kulchin, Chick and Prescx:>tt
NOES: None
ABSENT: None
c_/4 (?'~
MARY ~ Mayor
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(SEAL)
1200 ELM AVENUE
CARLSBAD, CA92008-1989
In Reference:
Assessor's Parcel No.
Dear Property Owner:
~itp of <ll:arlsbab
FIRE DEPARTMEN r
TELEPHONE
(619) 438-5521
A recent inspection has disclosed trat 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 refJse 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 flarm1able 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 14, 1984, property that is not cleared 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 APPROX1MATELY
$35 WILL BE ADDED TO THE OWNER'S TAX STATH:ENT. The condition of property not
cl eared by City contracted crews remains the res pons i bil ity of the owner and legal
action may be initiated to enforce applicable regulations.
PROPERTY OWNERS ARE URGED TO CLEAN, OR ARRANGE FOR TIIE CLEANillG OF THEin 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 contractors is encl osecl for your convenience.
For further information, you may phone 438-5523, 8:30 a.m to 4:30 p.m., Monday
th rough Fri day.
Very truly yours,
~~L~~-
~A~ ~ATSON
Fire Marshal
fg
enclosure SEE NOTICE ON _8EVERSE SIDE
NOTICE TO DE . ROY
WEEDS B 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 wi 11 be abated by the City and the cost of removal
assessed upcn the 1 and from or in front of which the weeds or rubbish are removed
and will constitute a lien upon such land until paid. (NOTE: PROPERTY OWNERS
WITH SPECIAL 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 con~ideration.
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 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 3rd day of April, 1984.
~<-<-?:t'/~ BRIAN WATso7 \ ... ...✓
Fire Marshal
~I.R~
ALETHA L. RAUTENKRANZ c)
City Clerk
Citp of Cad~bab
FIRE DEPARTMENT
FIRE PREVENTION INFORMATION
I. WEED ABATEMENT ANO HAZARD REOUCTIOI~
Removal of fire hazard conditions shall meet the standards and approval of
the Carlsbad Fire Marshal.
A. Grass, weeds, trash, rubbish and other flanmable 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
all structures.
C. Methods of cleaning properties by the City shall be by discing under,
power mowing, hand labor and/or hauling to a County dump site.
D. llerbi ci des: herbicides and chemi ca 1 sprays wi 11 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.
11. SPECIAL CONDITIOUS
A. Eucalyptus trees: remove a 11 1 eaves, 1 imbs, 1 itter, debris and 1 oose
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 0•1tlets 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 aach 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
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RESOLUTION NO. 7576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF :::ARLSBAD, ORDERING THE CITY MANAGER TO
ABATE NUISANCE BY HAVING WEEDS, RUBBISH AND
REFUSE REMOVED
The City Council of the City of Carlsbad does hereby
resolve as follows:
1. At its meeting of April 17, 1984, the City Council of
Car~sbad 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 follows:
4. The City Council of the City of C~rlsbad 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.
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l PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 City Council on the 17th day of April, 1984, by the following
3 vote, to wit :
4 AYES: Courx:il Members casler, Lewis, Kulchin and Prescott
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NOES: None
ABSENT: Council Manber Click
9 ATTEST:
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MARY cAsy;R, Mayor