HomeMy WebLinkAbout2000-08-01; City Council; 15857; Weed Abatement Public HearingAB# 5357
MTG. $= \a
DEPT. Fir
- a
CITY OF CARLSBAD - AGENtiA BILL
TITLE:
WEED ABATEMENT - PUBLIC HEARING TO HEAR
PROTESTS TO COST ASSESSMENTS AND ADOPTION OF
RESOLUTION CONFIRMING COSTS AND PROVIDING
FOR COLLECTION
RECOMMENDED ACTION:
1. City Council to hear objections of property owners concerning costs of weed
abatement activity on their properties.
2. Adopt Resolution No. aoo0*$53 approving the cost assessments for abatement
and directing the City Clerk to file a certified copy of the Resolution with the County
Auditor on or before August 10, 2000.
ITEM EXPLANATION:
Council’s Resolution 2000-124 of April 18, 2000, directed staff to abate nuisances on 672
parcels. The abatement is complete and the costs associated with it, including the City’s
administrative fee, are submitted herein for Council approval.
The City’s Weed Abatement Contractor, under the direction of the Fire Department, abated
hazards on 85 parcels. Abatement was achieved primarily by means of discing, mowing,
mulching, and hand labor. The contractor’s fees range from $37.00 to $5,820 and average
$448.28. Sixteen (16) parcels incurred an abatement charge in excess of $500.00.
Each parcel will be charged for the actual abatement work performed by the City contractor,
plus an administrative fee of $125.00. The total amount per parcel will be forwarded to the
County Auditor for inclusion on the property tax bill.
FISCAL IMPACT:
All costs associated with the hazard abatement on privately owned parcels are recoverable. .
EXHIBITS:
1. Resolution 2000-124.
2. Cost Analysis.
3. Resolution No. a06 *g&3.
/
.
t‘ ’ ‘. * .
1
2
3
4
5
6
7
8
9 . 10
11
12
13
14
15
16
17
18
39
20
21
22
23
24
26
26
27
28
RESOLUTION NO. 200.0.- 124
A RESOLUTION OF THE CITY COUNCIL OW THE CITY OF
CARLSBAD CALIFORNIA, ORDERING THE FIkE CHIEF
TO ABATE NUiSANCE BY HAVING WEEDS, RUBBISH AND
mREMovIED.
WHEREAS, at its meeting of April l&2000, the City Council did herein consider all
objections to the proposed removal of weeds, rubbish, and refuse on certain ivroperty
located within the City of Carlsbad; and 1. M.
WHEFUZAS, notid.of said meeting was given to all affected property &vners as
required by law; and
WHlI%EAS, the-City Councii of the City of C&bad did hear ail objections if any, to
the proposed removal of weeds, rubbish, and r&se, and at the conclusion of the hearing did
overrule any said obj
r . . ..m
NOW THEREFbE, BI$ IT RESOLVED by the City Council of the City of ,: IYi
C&bad 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 ha$ng
the weeds, rubbish, and refuse thereon removed. ! /: ,’ ‘.,s,
//I
/I/ _ . I . . _.
S” . ,* .,.
/I/ . I... ,, . .
.,.I. .a ., /I/ , .
Ill
.
”
. ,-,*’ .
. l ’
1
2
3
4
5
6
7
8
9
10
. 11
12
13
34
15
16
17
18
19
20
23.
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
held on the 18th day of April, 2000 by the following vote, to-wit:
AYES: Council Members Lewie, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
I. . .L L.
A-M-EST:. .
(SEAL)
* .a. +-,._. *’ : ’ ., ./. u..IN..t
.* . .
.: . .
.:. 11
I. ‘1
,F!’
3
Iii <I ii 5 -i
& r’1 5’ ai 8. ! T , 3 : ! < D I
!’ ;i ;tr , ! , i Fr i-1 0 I j:, :: I
‘)t
1
J
Fi; :I
1
IT
,I:
If
I( t
-4 c
!I
g ‘I
2 i
t ‘i
<
-[ 1
6
; I:
t
I
---I I
iY%%%% I$%
-;-. --II&
3888OOl b 61 ggg
it 1 I
i l
- I-1 t
t
%%‘Y 8f I..‘. .I WA i 8 8,8 Gi 1 i , C- t- /N -i- 1~ J--
ii ~ I ~ ! t / I- -!-- I i , 1
/ I i I I -i , --TV
Y 0 E -4
; “0 P
t
I ~
i/l i N -,e m ml> , ,T 9Pb
;.-.‘~A -p
~ Ii
j ! 1% ;I$ ; I
-1
-!I
-t
8/ ( i I.
I ’ w
1 i
,~$,‘,,, ;* .l-f.-
; $1 1,
.I-
I’ i I 1.
1
3: 3 pi f
;i n,! $1:
! ‘)I *)I 3:
$1
3
I I ~ 1 1 1 i
(n - N’N w -N PeOP\DeNVI ~??P?PNrnl D
.j ~
-g[
>000.l0010g~ 3000~~wJ0 -,
,,‘,,,,,,lE UNNNNNNN
iii-.-- #
zbbbbbbbp k 300000oO
1 ;I ~ I ,
m rn,N m ; i’s pj h&j 3000+-2co*
.\,&1/]1 1i ! -t- -- j: II i I I”‘1
1 iti: I i I i _ 11 _ -. A- + Xi,/, I ,,,,,I, I 4 1
/ i
;IcE I i J-”
-c c
4
5 8
-
.- p
2 -
f
P -
2 1 B
1 1 I
I ~ I -- i-
Il. 1 t I I T ,i-
./
!
-t
t
3
-I81
! II i
/Ii
i
+
4- is -0 8,
-- ~, - /I-- -’ --I ~ I
-4-I/ Illi
iI1 I I, j i ,
t I/ -: i I I I I i I
,/, 1..
I
-~
I
!
1 $1,
+
iii! Y 8% &Jr-,=- t- 00-r
I-7
:‘?NN
Ill
a r 0’0 0 b y ?I?, E
e!zt?s, /c
t
CERTIFICATION
STATE OF CALIFORNIA )
1 ss.
COUNTY OF SAN DIEGO}
I, LORRAINE M. WOOD, City Clerk of the City of Carlsbad, County of San Diego, State of
California, hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2000-253, passed and adopted by said City Council, at the Regular
Meeting thereof, at the time and by the vote therein stated, which original RESOLUTION is
now on file in my office: that same contains a full, true and correct transcript therefrom and
of the whole thereof.
WITNESS my hand and the seal of said City of Carlsbad, this 3RD day of August, 2000,
A9 .w
M. WOOD, City Clerk
(seal)
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
RESOLUTION NO. 2000-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, CONFIRMING THE REPORT OF THE FIRE CHIEF
SHOWING COST OF WEED ABATEMENT AGAINST EACH PARCEL
OF LAND IN SAID REPORT, CONFIRMING THE COST, AND
PROVIDING FOR COLLECTION ON THE REGULAR TAX BILL
WHEREAS, on April 04, 2000 this City Council adopted Resolution
No. 2000-98 pursuant to Government Code Sections, 39501 through Section
39588 declaring weeds, rubbish, and refuse on the real property described
therein to be a public nuisance; and
WHEREAS, pursuant to said resolution, a hearing was held by said City
Council, and thereafter said City Council adopted Resolution No. 2000-124,
directing the Fire Chief to abate the nuisance by removal of the weeds, rubbish,
and refuse on the real property described in said resolution; and
WHEREAS, California State Government Code Section 39560, et. seq.,
requires that a report of the cost of such abatement be submitted to the City
Council for consideration and confirmation following a public hearing, and the
Fire Chief has kept the required accounts and has submitted his report to the
‘Council for confirmation; and
WHEREAS, said work has been duly performed in accordance,
manner and form required by law; and
WHEREAS, at the appropriate time and place said report was received
and considered for confirmation by this City Council, at which time all protests
and objections were heard, and this City Council gave all persons present an
opportunity to be heard in respect to any matter relating to said abatement
work; and
WHEREAS, all persons desiring to be heard have been heard by this City
Council.
//I
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad as follows:
3 1. That the above recitations are true and correct.
4 2. That the abatement work, the report submitted to this Council,
5 and the posting of the Notice of Time and Hearing on said report were duly and
6 regularly performed in the manner and time required by law.
7 3. That all protests and objections, other than those heretofore
8 allowed and deleted from said report, if any, were and are hereby overruled and
9 denied.
10 4. That said report, a copy of which is on file in the office of the City
11 Clerk, and by this reference made a part hereof, is hereby confirmed, and each
12 of the amounts set forth therein are hereby assessed against the parcel of real
13 property shown with said sum and shall constitute a special assessment and a
14 lien against such parcel of land.
15 5. The City Clerk is hereby directed to forward a certified copy of this
16 resolution, together with a copy of said report to the office of the San Diego
17 County Auditor on or before August 10, 2000.
18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
19 Council held on the 1st day of August 2000 by the following vote, to wit:
20
21
22
23
AYES: Council Members Lewis, Hall Finn
NOES: None
ABSENT: None
24 ATTEST:
27 LORRAINE M. WOOD, City Clerk
(SEAL)
II 7
County of San Diego
Auditor and Controller
Property Tax Services
1600 Pacific Highway, Room 164
San Diego, CA 92101
SUBJECT: Certification of Fixed Charge Special Assessments
This letter certifies that according to the records of Carlsbad Fire Department,
that all assessments and special taxes are in compliance with Article XIIC 81 D of
the Constitution of the State of California, that the total number of parcels subject
to Fixed Charge Special Assessments, and the dollar amount by fund for 1999-
2000 are listed below:
Fund No. Count Amount
601004 85 $48,729.49
Certified by:
AINE M. WOOD
City Clerk
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808 @
Mayor Lewis and Members of the Council
On April sixth, Council declared 672 vacant lots throughout
the City to be public nuisances due to their hazardous
condition, namely the presence of combustible weeds and
rubbish. At that meeting, Council also set April 20th as the
date for public hearing on the matter.
On April 7’h, staff mailed a report of Council’s action to the
owners of those properties along with notices of public hearing
dates, including this evening’s hearing. The mailing also
included hazard abatement instructions, and a list of local
contractors capable of performing the abatement work.
Following the public hearing of April 20th, Council directed
staff to take appropriate action beginning May 15fh to abate
nuisances on lots that had not been cleared by the owners.
We are here this evening to report that the work is complete, to
hear objections from property owners regarding abatement
charges, and to request Council’s approval of the abatement
program costs.
Staff cleared hazards on 85 of the original 672 lots identified
as nuisances. The remainder were abated by property owners.
The contractor’s fees totaled 38,104 dollars and 49 cents.
Individual lot charges ranged from 37 dollars to 5,820 dollars,
and averaged just over 448 dollars. The agenda bill states
that sixteen lots incurred charges over five hundred dollars.
This is an error, and that number should be seventeen.
Property owners will be billed for the contractor’s fee plus a
one hundred twenty five dollar city administrative fee. The
total for each parcel will be forwarded to the County Auditor
*Ob.dtqx
for inclusion on the owners’ property tax bill.