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HomeMy WebLinkAbout1993-04-20; City Council; 12180; Weed Abatement - Public Hearing0 0 A 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 e 0 RESOLUTION NO. 93-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, ORDERING THE FIRE CHIEF TO ABATE NUISANCE BY HAVING WEEDS8 RUBBISH AND REFUSE REMOVED WHEREAS, at its meeting of April 20, 1993, the City Council did herein consider all objections to the proposed removal of weeds, rubbish, and refuse on certain property located within the City of Carlsbad. WHEREAS, notice of said meeting was given to all affected property owners as required by law. WHEREAS, 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: NONE NOW THEREFORE8 BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct, and 2. The City Council of the City of Carlsbad does hereby direct the Fire Chief of the City of Carlsbad to abate the nuisances on the identified parcels as described on Exhibit 1, on file in the City Clerk's Office, except as stated above, by having the weeds, rubbish, and refuse thereon removed. 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 0 0. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 20th day of April, 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: Council Members Nygaard, Finnila ATTEST : ALETHA L. RAUTENKRANZ, City rk (SEAL) In Reference Assessor's Parcel No. Dear Property Owner: The City has begun its annual weed and rubbish abatement program in order to reduce the fire hazard on vacant lots throughout the City. Your property has been included in the program due to the potential for fire hazard to exist upon it during the drier months of the fire season. As owner, the condition of the property is m responsibility. If you no longer own the property, please notify this office immediately. 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 17, 1993. Poster notices will not be placed o n 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 Department Information Sheet is not subject to further action by this department. After May 17,1993 property that is not cleared and maintained by the owner is subject to abatement by City contracted crews as manpower and equipment are available. THE COST FOR CLEANING, PLUS AN ADMINISTRATIVE CHARGE (NOT TO EXCEED $80) WILL BE ADDED TO THE OWNER'S TAX STATEMENT. The condition of property remains the responsibility of the owner and legal action may be initiated to enforce applicable regulations. TO AVOID ADMINISTRATIVE CHARGES, PROPERTY OWNERS ARE URGED TO CLEAN, OR ARRANGE FOR THE CLEANING OF THEIR PROPERTIES. 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 enclosed for your convenience. For further information or assistance, you may phone 931-2139 between the hours of 8:OO a.m. to 4:OO p.m., est the assistance of the Weed Abatement Officer. cb Enclosure SEE NOTICE ON REVERSE SIDE EXHIBIT 2 @ 2560 Orion Way - Carlsbad, California 92008-7280 - (61 9) 931 -21 2 1 0 0 NOTICE TO DESTROY WEEDS & REMOVE RUBBISH NOTICE IS HEREBY GIVEN that on the 6th day of April 1993, 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 constitute a lien upon such said land until paid. (Note: PROPERTY OWNERS WITH SPECIAL CLEANING PROBLEMS MUST CONTACT THE CITY FIRE MARSHAL PRIOR TO APRIL 20, 1993). 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 20, 1993 at 6:OO p.m. when their objections will be heard and given due consideration. A public hearing is scheduled at 6:OO p.m. on August 3, 1993 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 93 1-21 39. Dated this 7th day of April 1993. QAxLd ALETHA L. RAUTE City Clerk 0 CITY OF CARLSBAD FIRE DEPARTMENT HAZARD REDUCTION INFORMATION 0 1. WEED ABATEM ENT STAN DARDS Items A through E are the basic standards employed by the City Fire Department when abating hazardous conditions. Properties cleaned by owners or private contractors will be evaluated by means of these standards. A. Grass, weeds, trash, and other rubbish shall be removed from vacant lots, yards, courtyards, parkways and other locations as specified by the Fire Department. Native brush and chaparral shall be cleared or thinned, and controlled for a minimum distance of 60 feet from all structures. Methods of cleaning properties by the City shall be by discing under, power mowing, hand labor and/or hauling to a County dump site. Herbicides: herbicides and chemical sprays will not be used by the City. 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. B . C. D. E. 11. SPECIAL CON DITIONS A. Eucalyptus Trees: remove all heavy accumulation of leaves, fallen limbs, litter, debris and loose bark from the ground. Inactive groves (citrus, avocado, etc.): remove all dead growth, disc the property and maintain this condition. No grading of properties shall be allowed without approval of the Engineering Department. B . C . STRUCTURES IN BRUSH COVERED AREAS A. B . 111. All chimney, stovepipe or flue outlets are required to be equipped with an approved spark arrestor. Remove that portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any building free of dead or dying wood. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth. C. D. COST OF CLEANING BY THE CITY A. IV. The cost of cleaning parcels by the City is based on a square foot unit price for discing and/or mulching and handwork. The cost of rubbish removal is based on a flat rate per ton, including loading, hauling and disposal. The charge for cleaning by the City will also reflect an added administration charge for each parcel. B . C . EXHIBIT 3 0 0 WEED ABATEMENT CONTRACTORS BRAD'S TRACTOR SERVICE 724-0566 INGOLD TRACTOR SERVICES 729-3§§3 ED WHITNEY 72 9- 12 64 ROTOTILLING SPECIALTY 942-1070 B & G E:NTERPRISES 941-541 7 COLES WEED CONTROL 753-7035 DENNIS WARD WEED ABATEMENT 436-8153 MARIPOSA LANDSCAPE AND 75 3-8853 TREE SERVICE 0 0 RESOLUTION NO. 93-77 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, DECLARING AS PUBLIC NUISANCES, WEEDS, RUBBISH, AND REFUSE UPON PRIVATE PROPERTY IN THE CITY OF CARLSBAD WHEREAS, weeds, rubbish and refuse exist or are likely to exist on vacant parcels throughout the City; and WHEREAS, said weeds, rubbish and refuse because of their combustibility, constitute a hazard to the safety of the public and to private property during the drier months of the year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. 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). 3. Words used in this Resolution and its subsequent action in connection herewith shall be defined as outlined in said code sections. 4. 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 1, attached hereto and by this reference incorporated herein. 5. 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 Carlsbad Village Drive, Carlsbad, California on April 20, 1993 at 6:OO p.m. to consider objections of property owners to said proposed removal of weeds, rubbish and refuse. 6. 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 in this Re soh tion. 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 7. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 6th day of April, 1993 by the following vote, to wit: AYES: Council Members Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: Council Member Lewis ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL)