HomeMy WebLinkAbout2003-08-05; City Council; 17265; Weed AbatementAB# 17,265
MTG. 8-5-03
DEPT. Fir
TITLE:
PROTESTS TO COST ASSESSMENTS AND ADOPTION OF
RESOLUTION CONFIRMING COSTS AND PROVIDING
FOR COLLECTION
WEED ABATEMENT - PUBLIC HEARING TO HEAR
DEPT. HD.
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
1. City council to hear objections of property owners concerning costs of weed
abatement activity on their properties.
2. Adopt Resolution No. 2003- 211 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 IO, 2003.
ITEM EXPLANATION:
Council’s Resolution 2003-102 of April 15, 2002, directed staff to abate nuisances on 412
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 40 parcels. Abatement was achieved primarily by means of mowing and hand
labor. The contractor’s fees range from $22.50 to $1,008.00 and average $132.00. Two (2)
parcels 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.
EXHl BITS:
1. Resolution 2003- 211 .
2. Resolution 2003-089.
3. Resolution No. 2003-1 02.
4. Cost Analysis.
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RESOLUTION NO. '2003-2 11
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 1 , 2003, this City Council adopted Resolution
No. 2003-089 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. 2003-102, 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 with applicable laws and
regulations; 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 Hearing on said report were duly and regularly performed in the
manner and time required by law.
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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 10,2003.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 5th day of AUGUST ,2003, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ATTEST:
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(SEAL)
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EXHIBIT 2
RESOLUTION NO. 2003-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING AS PUBLIC NUISANCES, WEEDS, RUBBISH,
AND REFUSE UPON PRIVATE PROPERTY IN "HE 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 refbe because of their combustibility,
constitute a hazard to the safety of the public and to private property during the drier months
of the year;
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
Y
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EXHIBIT 2
Chambers at 1200 Carlsbad Village Drive, Carlsbad, California on April 15,2003, 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 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 1 st day of April, 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ATTEST:
LOWE M. WOOD, &v Clerk
Resolution No. 2003-089 -2-
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EXHIBIT 3
RESOLUTION NO. 2003-102
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 15,2003, 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 af€ected 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 rehse, 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 of the 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 3, attached hereto and by this reference incorporated herein, except as stated
above, by having the weeds, rubbish, and rehse thereon removed.
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EXHIBIT 3
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held the 15th day of April, 2003, by the
following vote, to wit:
AYES:
NOES: None
ABSENT None
Council Members Lewis, Finnila, Kulchin, Hall, P
'WVV - -I
CLAUDE A. f&NIS, Mayor
ATTEST
FRRAINE M. WOOD, C6Clerk u
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AUC-04-2003 03:ZTPM FROM-MCMI LL IN CUMMtKC I AL tblYJJbJI14 1-111 r.uu r-u I3
Ms. Marilyn Srrong
City of Carlsbad
1200 Cadsbad Village Drive
Carlsbad, CA 92008
RE: COMMENT ON AB#17,265-CITY COUNCIL MEETING 8/5/03
DearMs. Strong:
Since I am unable to mend the August 5,2003 City Council meeting, I am submitting this
letter to object 10 item AB# 17,265 (Weed Abatement) on the City Council Agenda. On Line
32 of the 2003 Weed Abatement Analysis, Parcel 216-280-13 is listed with a $184.50 charge
for weed abatement.
As the owner of this property, since March 19,2003, I've never received a notice from the
City regarding a problem with weeds. I object to having the fee imposed on my propeny
since I was never notified and given an oppormniry to correct the problem. Please delete
Parcel 216-280-13 from this report and feel fiee to contact me if you have any questions or
need additional information. Thank you for your consideration.
Sincerely,
Guy Oliver
6465 Franciscan Road
Carlsbad, CA 92009
(760) 476-1012