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HomeMy WebLinkAbout2000-04-18; City Council; 15706; Weed Abatement Public HearingCIW OF CARLSBAD - AGENDA BILL ?/a \B # /s; 7 0 6 TITLE: WEED ABATEMENT - PUBLIC HEARING TO HEAR flTG 04/18/00 OBJECTIONS TO RESOLUTION DECLARING . NUISANCES AND ADOPT RESOLUTION ORDERING IEPT. FIR- ABATEMENT OF NUISANCES 3ECOMMENDED ACTION: . DEPT. HD. CITY ATT& CITY MGRi Approval and adoption of resolution ordering abatement of nuisances. Re s olut ion No . 2 0 0 0 - 12 4 . [TEM EXPLANATION: Resolution No. 2CMO-98 adopted by Council April 04,200O declared 672 parcels throughout the City to be public nuisances due to the presence of hazardous combustible material upon them, or the likelihood of that condition existing during the drier months. The Fire Department mailed notices to property owners on April 5, 2000 explaining Council’s action, and informing them of the dates of public hearings. Council set April 18, 2000 as the date of public hearing for owners to voice objections to Council action. Resolution No. 28.0 0 - 12 4 directs the Fire Chief to abate the nuisances. Property owners have been notified that nuisances existing after May 15,200O are subject to abatement by City crews, and that the cost of abatement will appear on their tax bill. FISCAL IMPACT: The contractor’s charges and city administrative costs associated with the abatement of each parcel are recoverable. EXHIBITS: 1. ResolutionNo. 2000-124. 2. Letter/Notice/Information Sheet/Contractor List. - III. STRUCTURES IN BRUSH COVERED AREAS A. All chimney, stovepipe or flue outlets are required to be equipped with an approved spark arrestor. B. Remove that portion of any tree which extends within ten 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. Trim low hanging foliage of trees located within 60 feet of structures to a height of six feet. IV. COST OF CLEANING BY THE CITY A. The cost of cleaning parcels by the City is based upon a square foot unit price for discing, mowing, and handwork,, and by the cubic yard for mulching or chipping. B. The cost of rubbish removal is based upon a flat rate per ton, including loading, hauling and disposal. C. The charge for cleaning by the City will also reflect an administration charge of $125.00 per parcel. WEED ABATEMENT CONTRACTORS COLES WEED CONTROL x3-7035 ED WHITNEY 510-9030 INGOLD TRACTOR SERVICES 729-3553 RICHARD KELLY 723-8522 . . I CITY OF CARLSBAD FIRE DEPARTMENT HAZARD REDUCTION INFORMATION 1. WEED ABATEMENT STANDARDS Items A through F 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. B. Native brush and chaparral that have been cleared or thinned previously in the last five years shall be modified in the same manner for a minimum distance of 60 feet measured from the closest combustible structure, discounting fences. Fuel modification shall conform to the standard requirements listed in the City Landscape Manual, available for review at our offlice and for sale at 1635 Faraday Avenue, (760) 602-2700. C. Native brush and chaparral that have not been previously cleared or modified in the last five years must be assessed on a case-by-case basis to determine whether the removal will conflict with the Federal Endangered Species Act of 1993. Questions should be forwarded to this office and to the Fish and Wildlife Service (760) 43 I-9440. D. Fuel breaks of up to 100’ or more that have been previously required in the last five years shall be maintained by discing. New fuel breaks may be required on a case by case basis and owners of affected properties will be notified by mail before abatement. E. Abatement shall be accomplished by discing under, power mowing to two inches of height, hand labor and/or hauling to a County dump site. Discing shall be the primary abatement method; mowing is discretionary for problem areas and should be cleared by this office before abatement. Regardless of method, standing weeds remaining around perimeters of lots after mowing or discing shall be cut to two inches in height and removed or reduced on site. F. Open burning is prohibited except by special permit fj-om the Fire Department. II. SPECIAL CONDITIONS A. Eucalyptus trees; remove all heavy accumulation of leaves to a maximum depth of four inches. Remove fallen limbs, litter, debris and loose bark from the ground. Trim low hanging limbs and foliage to a height of six feet. B. Inactive groves (citrus, avocado, etc.): remove all dead growth, disc the property and maintain free of hazard. C. Trimmings from trees and other vegetation may be reduced by chipping to mulch and may be evenly dispersed on the site to a level of four inches. - NOTICE TO DESTROY WEEDS & REMOVE RUBBISH NOTICE IS HEREBY GIVEN that on the 4th day of April 2000 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 l&2000). Reference is hereby made to said resolution for further particulars. A copy of the resolution is on file in the Office ofthe City Clerk. All property owners having an objection to the removal of such weeds are hereby notified of a meeting of the Carl&ad City Council on April l&2000, at 6:00 p.m. The agenda of this meeting includes a public hearing to consider objections of property owners. A public hearing is also scheduled at 6:00 p.m. on August 1,2000, by the Carlsbad City Council 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 locations of these meetings, please call 602-4668. Dated this 4th day of April 2000. ’ DENNIS VAN DER MAATEN LORIUINE M. WOOD Fire Chief City Clerk City of Carlsbad In Reference Assessor’s Parcel No. Office of Fire Protection Services Dear Property Owner: The City has begun its annual weed and rubbish abatement program in an effort 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 hazards to exist upon it during the drier months of the fire season. 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 Sections 39560, et. seq., of the California Government Code, you are hereby notified that hazardous vegetation and rubbish must be removed from the above mentioned property by May 15,200O. 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 combustible vegetation and rubbish, and in compliance with the requirements listed on the enclosed Fire Department Information Sheet , is hot subject to further action by this department. After May l&2000 property that is not cleared of hazard and/or maintained in a safe condition, is subject to abatement by City contracted crews. THE COST FOR ABATEMENT BY THE CITY, PLUS AN ADMINISTRATIVE CHARGE (NOT TO EXCEED $125.00) 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. THE CITY URGES PROPERTY OWNERS TO MARE PRIVATE ARRANGEMENTS FOR THE CLEARING OF HAZARDS FROM THEIR PROPERTIES, IN ORDER TO AVOID ADMINISTRATIVE CHARGES. A list of local contractors is enclosed for your convenience. For further information or assistance, you may contact this offke at 602-4668, between the hours of 8:00 a.m. through Friday. Please request the assistance of the Weed Abatement Offker. Fire Chief Ch Enclosm SEE NOTICE ON REVERSE SIDE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1: u 17 1t 15 2c 21 22 2: 24 25 26 27 28 - RESOLUTION NO. 20 O-O.- 12 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, ORDERING THE FIRE CHIEF TO ABATE NUISANCE BY HAVING WEEDS, RUBBISH AND REFUSE REMOVED. WHEREAS, at its meeting of April 18,2000, 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; and WHEREAS, notice of said meeting was given to all affected property owners as required by law; and 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 an /WV&P , except as follows: NOW THEREFORE, 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, attached hereto and by this reference incorporated herein, except as stated above, by having the weeds, rubbish, and refuse thereon removed. /if fff /If fff fff PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 18th day of April, 2000 by the following vote, to’wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None , ATTEST: . I/ , - OOD, City Clerk ~ (SEAL)