HomeMy WebLinkAbout2004-08-03; City Council; 17741; Weed Abatement Public Hearingn
AB# 17,741
MTG. 8/3/04
DEPT. FIR
CITY OF CARLSBAD -AGENDA BILL
TITLE: DEPT.HD. e
PROTESTS TO COST ASSESSMENTS AND ADOPTION OF
RESOLUTION CONFIRMING COSTS AND PROVIDING
FOR COLLECTION
-GF WEED ABATEMENT - PUBLIC HEARING TO HEAR
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. 2004- 261 approving the cost assessments for abatement and
directing the City Clerk to file a certified copy of the Resolution with the San Diego
County Auditor on or before August IO, 2004.
ITEM EXPLANATION:
Council’s Resolution 2004-129 of April 20, 2004, directed staff to abate nuisances on 368
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 24 parcels. Abatement was achieved primarily by means of mowing and hand
labor. The contractor’s fees range from $20.16 to $1,422.40 and average $230.06. 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.
EXHIBITS :
1. Resolution 2004- 261 .
2. Resolution 2004-1 01.
3. Resolution No. 2004-1 29.
4. Cost Analysis.
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RESOLUTION NO. 2004-261
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 6,2004, this City Council adopted Resolution
No. 2004-101 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. 2004-129, 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. -A
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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 10,2004.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 3rd day of August ,2004, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
dRRA E M. WOOD, City Clerk
(SEAL P
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EXHIBIT 2
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RESOLUTION NO. 2004-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING AS PUBLIC
NUISANCES, WEEDS, RUBBISH AND REFUSE UPON
PRTVATE PROPERTY IN THE CITY OF CARLSBAD
WHEREAS, weeds, rubbish and refhe exit 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 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 3, 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 Chambers at 100 Carlsbad Village Drive, Carlsbad, California on April 20,
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EXHIBIT 2
2004, 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 the City 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. seg. Upon the
superintendent.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 6th day of April , 2004, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
/I
LORRdINE M. WOOD, City Clerk -- @Ed)
Resolution No. 2004-101 page 2
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EXHIBIT 3
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RESOLUTION NO. 2004-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING THE FIRE CHIEF TO
ABATE NUISANCES BY HAVING WEEDS RUBBISH AND
REFUSE REMOVED.
WHEREAS, at its meeting of ApriI 20, 2004, the City Council did herein consider all
objections to the proposed removal of weeds, rubbish, and refiue on certain property located
within the City of Carlsbad; and
WHEREAS, notice of said meeting was given to all ~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 refuse, and at the conclusion of the hearing 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 refuse thereon removed.
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EXHIBIT 3
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 20th dayof April ,2004, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
M. WOOD, City Clerk
Page 2 City Council Resolution Mo. 2004-129
PC RES0 NO. -2- 7
EXHIBIT 4
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August 4,2004
601004
County of San Diego
Auditor and Controller
Property Tax Services
1600 Pacific Highway, Room 164
San Diego, CA 92101
24 $8,521.62
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 XllC & 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 2003-
2004.
Certified by:/!
. WOOD, CMC
City Clerk
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 0 (760) 434-2808 @
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RUG 12 2004 2:12PM HP LASERJET 3200
Office of Fire Preventlon Divlnion
August 9,2004
Mr. Eric Howard
County of San Diego
Auditor and Controller Property Tax Services, Room 077
1600 Paclfic Highway San Diego, CA 92101
FAX: (619) 533-5168
CERTIFICATION OF FIXED (FLAT) CHARGE SPECIAL ASSESSMENTS
Attached is a corrected FIXED CHARGE FOR SPECIAL ASSESSMENT correcting the typographical error of the first parcel number. Please adjust your
records.
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Should you have any questions, please contact me at (760) 602-4665.
Sincerely,
Kelly llier
Fire Prevention Ofbr
#@. ..+ ;A+. Enclosures
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RUG 12 2004 2:12PM HP LRSERJET 3200
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ATTAC"T B
FIXED CHARGE FOR SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST
CITY OR DISTRICT Citv of Carlsbad TYPE OF ASSESSMENT: Weed Abatement
FUND NUMBER:
CODE: 1 (Local= 1, State = 2)
215 400 06 204.00
215 492 I6 1,409.56
215 494 17 187.80
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ALL STATE ROLL (UTILITY ROLL) FTEMS MUST SHOW A TAX RATE AREA AND ASSESSEE NUMBER (SEE ATTACHMENT D)
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ATI'ACWNT B
RUG 12 2004 2:12PM HP LRSERJET 3200
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PARCELNUMBER FOR STATE ROLL OMLY
UM)IVIDJ2b TAX RAm ASSESSEE AUDITOR'S BOOK PAGE PARCEL lNTEREST AMOUNT AREA* NUMBER* USEONLY xxxxxx x3c xx ~xXx.XX xxxx xxxx X
* 216 160 05 190.00
216 160 10 172.92
216 160 18 174.08
216 160 27 389.00
216 230 62 171.90
216 290 21 201.80
216 290 20 197.60
223 130 so 198.26
223 250 12 284.00
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FIXED CHARGE FOR SPECIAL ASSESSMENT
INPUT FORMAT FOR TYPEWRITTEN LIST
ClTY OR DISTRICT; Citv of Carlsbad
TYPE OF ASSESSMENT: Weed Abatement FUNDNUMBER: CODE: 1 (Local = 1, State = 2)
* ALL STATE ROLL (UTILITY ROLL) ITEMS MUST SHOW A TAX RATE AREA AND ASSESSEE NUMBER (SEE
ATTACHMENT D)
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ATTACHMENT 8
08/09/2004
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