HomeMy WebLinkAbout1987-04-21; City Council; 8940-1; Weed Abatement Public Hearing Declaring Nuisances0
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MTG. 4/21/87
DEPT. FIR
CIT OF CARLSBAD -AGEND,.-BILL
IIIL.E; WEED ABATEMENT -PUBLIC HEARING TO
HEAR OBJECTIONS TO RESOLUTION DECLARING
NUISANCES AND ADOPT RESOLUTION ORDERING
ABATEMENT OF NUISANCES
RECOMMENDED ACTION:
Adopt Resolution No.
ITEM EXPLANATION:
DEPT. HD.~-
CITY ATTY r{~
CITYMGR-af/
Resolution 9006 adopted by Council April 7, 1987 declares 1408
parcels throughout the City to be public nuisances due to the
presence of hazardous combustible material upon them or the
liklihood of that condition existing during the drier months.
Notices of Council's action, abatement instructions and public
hearing dates were mailed to property owners April 8, 1987.
Council set April 21, 1987 as the date of public he~cing for
owners to voice objections to Council action.
Resolution No. 9og 7 directs the City Manager to abate
the nuisances. Property owners have been notified that nuisances
that exist after May 27 , 1987 are subject to abatement by
City crews and that the cost of abatement will appear on thelr
tax bill.
FISCAL IMPACT:
All contractor costs associated with the program are recovered.
Administrative costs are partially recovered by charging an
appropriate share of the costs to property owners who rely
on the City for the service. Typically, administrative charges
are less than 50 dollars per parcel.
EXHIBITS:
1/
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3.
Resolution No. _:1s.,,g7 Ordering City Manager to Abate
Nuisances
Letter/Notice
Resolution No. 9006 Declaring Public Nuisances (Adopted
by City Council 4/7/87.
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l RESOLUTION NO. 9027
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ORDERING THE CITY MANAGER TO ABATE NUISANCE
3 BY HAVING W2EDS, RUBBISH AND REFUSE REMOVED
4 The City Council of the City of Carlsbad does hereby
5 resolve as follows:
6 1. At its meeting of April 21, 1987, the City Council
7 did herein consider all objections to the proposed removal
8 of weeds, rubbish, and refuse on certain property located
9 within the City of Carlsbad.
10 2. Notice of said meeting was given to all affected
ll property owners as required by law.
12 3. The City Council of the City of Carlsbad did hear
13 all objections, if any, to the proposed removal of weeds,
14 rubbish, and refuse, and at the conclusion of the hearing
15 did overrule any said objections, if any, except as follows:
16 NONE
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22 4. The City Council of the City of Carlsbad does hereby
23 direct the City Manager of the City of Carlsbad to abate
24 the nuisances on the identified parcels, except as etated
25 above, by having the weeds, rubbish, and refuse thereon removed.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
of the City Council of the City of Carlsbad, California
3 on the 21st day of April , 1987 by the following
4 vote, to wit :
5 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
6 NOES: None
7 ABSENT: None
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9' ATTEST:
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2560 ORION WAY
CARLSBAD, CA 92008
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In Refe,ence
Assessor's Parcel No,
Dear Property Owner:
-
illittr of QJ:udnhah
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 responsibility. If you no longer
own the property, please notify this office immediately.
In conformity with the provisions of Se~tions 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 27, 1987.
Poster notices will not be placed on th& 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 27, 1987 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. THE CGST FOR CLEANING, PLUS AN ADMINISTRATIVE CHARGE OF
APPROXIMATELY $45 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 above.
A list of local weed abatement con~ractors is enclosed for your convenience.
For further information, you may phone 931-2127, between the hours of 1:00
p,m, to 4:30 p.w., Monday through Friday. Request the assistance of the Weed Abatement Officer.
-~~~"<'\
·,~~-THOMPSON
Fire Chief
JKT:cb
Enclosure SEE NOTICE ON REVERSE SIDE
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RESOLUTION NO. 9006
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA, DECLARING AS PUBLIC NUISANCES WEEDS, RUBBISH,
AND REFUSE UPON PRIVATE PROPERTY IN 'l'HE CITY OF CARLSBAD
3 The City Council of the City of Carlsbad does hereby resolve
4 as follows:
5 WHEREAS, the City Councll of the City of Carlsbad determines
6 that all actions taken subsequent hereto in connection herewith,
7 are taken pursuant to the provisions of California Government
8 Code Section 39560, et. seq. (Article 2, Alternate Procedures
9 Under Chapter 13 of Division 3 of Title 4 of the Government
10 Code, Weed and Rubbish Abatement); and
11 WHEREAS, words used in this Resolution and its subsequent
12 action in connection herewith shall be defined as outlined in
13 said Code sections.
14 NOW THEREFORE BE IT RESOLVED by the City Council of the
15 City of Carlsbad as follows:
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1. The above recitations are true and correct.
2. The City Council of the City of Carlsbad hereby declares
18 as public nuisances weeds, rubbish and refuse upon those certain
19 parcels of private property in the City of Carlsbad described
20 on Exhibit A, attached hereto and by this reference incorporated
21 herein.
22 3. The City Council of the City of Carlsbad hereby declares
23 its intention to cause the removal of said weeds, rubbish and
24 refuse. A public hearing will be held in the City Council Chambers
25 at 1200 Elm Avenue, Carlsbad, California on April 21, 1987 at
26 6:00 p.m. to consider objections of property owners to said
27 proposed removal of weeds, rubbish and refuse.
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l 4. The City Clerk of the City of Carlsbad is hereby directed
2 to mail written notices of the proposed abatement of said
3 nuisances to all persons owning pr0perty described in this
4 Resolution.
5 5. The Fire Chief of the City of Carlsbad is hereby design3ted
6 to perform the duties imposed by the California Government Code
7 Section 39560, et. seq. upon the superintendent.
8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
9 City Council of the City of Carlsbad, California en the 7th day
10 of April, 1987 by the following vote, to wit:
11 AYES: Council Members Lewis, Pettine, Mamaux and Larson
12 NOES: None
13 ABSENT: Council Member Kulchin
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16 A'l'TEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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NOTICE IS HEREBY GIVEN that on the 7th day of April 1987, 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 assessed upon the land from or in front of which the weeds
or rubbish are removed and will cor\sti.tute a lien upon such said land ,until
paid. (NOTE: PROPERTY OWNERS WITH SPECIAL CLEANING PROBLEMS NUST CONTACT
THE CITY FIRE HARSHAL PRIOR TO APRIL 2 J. l 987) . 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 2l, 1987 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 August 4, 1987 by the City
Coun~il 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 931-2127.
Dated this 8th day of April, 1987. ~--~ .... ~
-~~HOMPSON
Fire Chief
~ ,,f. ~ ~;zzbi)
ALETHA L. RAUTENKFANZ •
City Clerk
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CITY OF CARLSUAD
-. FlRE. OE.PARTHE.HT
FIi,~ PREVENTION INFORH~TIOH
I. • WEED 1\0ATEM!:)IT N-IO HJ\7.Af\O REDUCTIOH
Removal of fire hazard conditions shall meet the stardards and approval of the
Carlsbad Fire Marshal and conform to the requirements of the City F.n')inec:-.
A. Crass, we~s, trash, rubhtsh un<l othci:-flilmmable materials snal l he removed fron
vacant lots, yards, courtyilrds, packwcJys .lnd other loc,,tions .)s spccific<l by the
Fire Department.
8. tlativc brush and chaparral shall be cleared or thinned, ar.d all ground litter
removed foe-a minimum r:Hs tance of 30 feet, or to the property line, frcr., ,,11
structures.
C. Methods of clcanintJ propcrtles hy the City sh,,11 he by discin<J ~1ndcr, no,.cr
mo"'ing, hand lubor ilnd /or hau Ung ~o i\ County dump site.
0. He rbiddes: Herbicides <1nd chcmtcal spL·ays 'will not he used by the City.
E. Open (\urning: ncgul,ltlons nf the San Olcgo County Air Pot lution Control
District prohibit open burning. Cle.:ining must he acccmpli.shcci hy discing under,
mowing, hand labor, or hauling to a County dump site,
I 1. SP£C li\L CO!lO IT! OtlS
A. Eucalyptus trees: l\cmovc .:ill leaves, li.mbs, litter, dehcis ard loose h<lr:.: rro-n
thP. ground.
fL Inactive groves (ciLrus, avocado, etc.): flemovc oll tcees, dLsc the property
and r:1aintt1in this condit1on.
C. I~ grading of properties shall be ;:illowcd without approval cf the f.nginccdng
DC() i\ rt ment •
Ill. STRUCTUR£5 Itl rnusH COVE11l:.D NH:AS
A. All chimney, stovepipe or flue outlets are required to be equipped "ith an
approved spark arrestor.
O. Remove thaL porLion of .1ny tree which extends wtthln 10 feet of the 01.1ttct of
any chimney or stovepipe.
C. Milintaln any tree .3dj<1ccnt to or overhanging any building free of dead or dying
YrOOd.
O. Maintain the roof of <1ny structure free of lcovcs, needles, or other dc,1d
vegetative growth.
IV. COST Cf Cl.EANIIC BY THE CITY
The cost of clean Ing parcels hy the CI ty Is based on a square foot vnl t price for
discing and handwork.
The cost of rubbish removal is based on a cubic yard hauling charge.
The charge for cleaning hy the City will also reflect an added admlnlstrati,e charge
for each parcel of .:ipproxlmately S45,
WEED ABATEMENT CONTRACTORS
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t EAST BROTHERS GROVE SERVICE 728-6108
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ELMER FRAZEE 433-6963
INGOLD TRACTOR SERVICE 729-·3553
ROTOTILLING SPECIALTY 942-1070
TARGET SERVICES 727-2995
ED WHITNEY 434-2575
BRADFORD'S TRACTOR SERVICE 724-7032
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