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HomeMy WebLinkAbout2002-08-06; City Council; 16848; Weed Abatement ProtestsCITY OF CARLSBAD -AGENDA BILL , AB# 161,848 DEPT. HD. ~ TITLE: WEED ABATEMENT -PUBLIC HEARING TO HEAR MTG. 8-6-09 RECOMMENDED ACTION: CINMGR 3 FOR COLLECTION DEPT. Fir CITY ATTY. & PROTESTS TO COST ASSESSMENTS AND ADOPTION OF RESOLUTION CONFIRMING COSTS AND PROVIDING 1. City council to hear objections of property owners concerning costs of weed abatement activity on their properties. 2. Adopt Resolution No. 2002-239 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, 2002. ITEM EXPLANATION: Council's Resolution 2002-121 of April 16, 2002, directed staff to abate nuisances on 550 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 35 parcels. Abatement was achieved primarily by means of discing, mowing, mulching, and hand labor. The contractor's fees range from $22.50 to $1,118.75 and average $149.40. Oneu parcel incurred an abatement charge in excess of $500.00. Each parcel will be charged for the actual 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 2002-239. 2. Resolution 2002-104. 3. Resolution No. 2002-121. 4. Cost Analysis 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-239 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 2,2002, this City Council adopted Resolution No. 2002-104 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. 2002-121, 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. 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. 2. That the abatement work, the report submitted to this Council, and the posting of the Notice of Time and Ilearing on said report were duly and regularly performed in the manner and time required by law. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 3. That all protests and objections, other than those heretofore allowed and deleted from said report, if any, were and are hereby overruled and denied. 4. That said report, a copy of which is on file in the office of the City Clerk, and by this reference made a part hereof, is hereby confirmed, and each of the amounts set forth therein are hereby assessed against the parcel of real property shown with said sum and shall constitute a special assessment and a lien against such parcel of land. 5. The City Clerk is hereby directed to forward a certified copy of this resolution, together with a copy of said report to the office of the San Diego County Auditor on or before August 10,2002. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of August , 2002, by the following vote: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall NOES: None ABSENT: None ATTEST: ,’ OD, City Clerk (SEAL) Resolution No. 2002-239 -2- EXHIBIT 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 I0 I9 20 21 22 23 24 25 2E 27 2E RESOLUTION NO. 2002-104 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 yew, NOW, THEREFORE, BE lT 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 EXHIBIT 2 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 Chambers at 1200 Carlsbad Village Drive, Carlsbad, California on April 16,2002, at 600 p.m. to consider objections of property owners to said proposed removal of weeds, rubbish and refuse. 6. The City Clerk of Carlsbad is hereby directed to mail written notices of the proposed abatement of said nuisances to all persons owning the property described in this Resolution. 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 2" day of April, 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None, ABSENT: None. ATEST: n ~ARAINJ! M. WOOD, city clerk (SEAL) Page 2 of 2 of Resolution No. 2002-104 -2- Exhibit 3 d .- I d, 1 2 3 4 E f 1c 11 1; 1: ” / 11 1: 1€ li It 1: 2( 2’ 2; 2: d’ 25 26 27 RESOLUTION NO. 2o02 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 16,2002, 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 gearing did overrule any said objections, if any, except as follows: NONE NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California, 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 I, attached hereto and by this reference incorporated herein, except as stated above, by having the weeds, rubbish, and refuse thereon removed. 6 , /," .J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .2s 26 27 d -i Exhibit 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held the 16th day of April, 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: KAREN R. KUNDTZ, Assistant City Clerk (SEAL) 7 EXHIBIT 4 $ - . 0 of Carlsbad August 7,2002 County of San Diego Auditor and Controller Property Tax Services 1600 Pacific Highway, Room 1644 San Diego CA 92101 SUBJECT: Certification of Fixed Charge Special Assessments This letter certifies that according to the records of the Carlsbad Fire Department, that all assessments and special taxes are in compliance with Article XIIC & D of the Constitution of the s State of California, that the total number of parcels subject to Fixed Charge Special Assessments, and the dollar amount by fund for 2001-2002 are listed below: Fund No. I Count I Amount 60 1004 I 35 19,604.12 Certified by: cfii& Assistant City Clerk 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @ "