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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. ! 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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.