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HomeMy WebLinkAbout2007-08-07; City Council; 19114; Weed abatement cost assessmentsCITY OF CARLSBAD - AGENDA BILL AB# 19,114 MTG. 8/7/07 DEPT. FIR WEED ABATEMENT COST A OOCOOflXCMTOASSESSMENTS DEPT. HEAD iLy CITY ATTY. CrfV CITYMGR. "T5&3CuMfc. ' \ — 1 RECOMMENDED ACTION: 1. City Council to hear objections of property owners concerning costs of weed abatement activity on their properties. 2. Adopt Resolution No. 2007-203 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 10, 2007. ITEM EXPLANATION: Council's Resolution 2007-078 (Exhibit 3) dated April 17, 2007, directed staff to inspect 284 undeveloped parcels for the presence of hazardous combustible material. For those parcels found to be a public nuisance, the abatement is complete and the costs associated with it, including the City's administrative fee, and are herein submitted for Council approval. The City's Weed Abatement Contractor, under the direction of the Fire Department, abated hazards on ten (10) parcels. Abatement was achieved primarily by means of mowing and hand labor. The contractor's fees range from $68.00 to $1,195.20 and average $423.30. Five (5) 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 $145.00. The total amount per parcel will be forwarded to the County Assessor 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 No. 2007-203 . 2. Resolution 2007-068. 3. Resolution 2007-078. 4. Weed Abatement Accounting (Private Lots) May 15, 2007 through July 17, 2007 DEPARTMENT CONTACT: James Weigand 760-602-4661 iweig@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED cK D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n Dnn 1 RESOLUTION NO. 2007-203 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE REPORT 3 OF THE FIRE CHIEF SHOWING COST OF WEED , ABATEMENT AGAINST EACH PARCEL OF LAND IN SAID REPORT, CONFIRMING THE COST, AND PROVIDING 5 FOR COLLECTION ON THE REGULAR TAX BILL 6 WHEREAS, on April 3, 2007, this City Council adopted Resolution No. 2007-068 7 pursuant to Government Code Sections, 39501 through Section 39588 declaring 8 weeds, rubbish, and refuse on the real property described therein to be a public nuisance; and 10 WHEREAS, pursuant to said resolution, a hearing was held by said City Council, 11 and thereafter said City Council adopted Resolution No. 2007-078, directing the Fire 12 Chief to abate the nuisance by removal of the weeds, rubbish, and refuse on the real property described in said resolution; and 15 WHEREAS, California State Government Code Section 39560, et. Seq., requires 16 that a report of the cost of such abatement be submitted to the City Council for 17 consideration and confirmation following a public hearing, and the Fire Chief has 18 provided and attached an accounting (Exhibit 4) and has submitted his accounting to 19 the Council for confirmation; and 20 WHEREAS, said accounting is attached herein and will be considered for 21 confirmation by this Council, at which time all protests and objections will be heard, and 22 this City Council will give persons at present an opportunity to be heard in respect to 23 any matter relating to said abatement work; and 25 WHEREAS, all persons desiring to be heard have been heard by this City 26 Council. 27 // 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 1. That the above recitations are true and correct. 4 2. That the abatement work, the report submitted to this Council, and the 5 posting of the Notice of Time and Hearing on said report were duly and6 regularly performed in the manner and time required by law. 8 3. That all protects and objections, other than those heretofore allowed and 9 deleted from said report, if any, were and are hereby overruled and 10 denied. 4. That said report, a copy of which is on file in the Office of the City Clerk, 12 and by this reference made a part hereof, is hereby confirmed, and each 13 of the amounts set forth therein are hereby assessed against the parcel of 14 real property shown with said sum and shall constitute a special . f assessment and a lien against such parcel of land.16 17 5. The City Clerk is hereby directed to forward a certified copy of this 18 resolution, together with a copy of said report to the Office of the San 19 Diego County Auditor on or before August 10, 2007. 20 „ 21 // 22 // 23 // 24 //25 26 " 27 // 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of August, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: LORRAIN '(SEAL) WOOOUfc'ity EXHIBIT !2 Page 1 of 2 1 RESOLUTION NO. 2007-068 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AS PUBLIC 3 NUISANCES, WEEDS, RUBBISH AND REFUSE UPON 4 PRIVATE PROPERTY IN THE CITY OF CARLSBAD 5 WHEREAS, weeds, rubbish and refuse exist or are likely to exist on vacant parcels 6 throughout the City; and 7 WHEREAS, said weeds, rubbish and refuse because of their combustibility, constitute a o0 hazard to the safety of the public and to private property during the drier months of the year; 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 10 California, as follows: 11 1. That the above recitations are true and correct. 12 , T 2. That this Resolution, and all action taken subsequent hereto in connection herewith, is 14 taken pursuant to the provisions of California Government Code Section 39560, et 15 seq. (Article 2, Alternate Procedures Under Chapter 13, Weed and Rubbish 16 Abatement). 3. Words used in this Resolution and its subsequent action in connection herewith shall 18 be defined as outlined in said code sections. 19 4. The City Council of the City of Carlsbad hereby declares as public nuisances, weeds, 20 rubbish and refuse upon those certain parcels of private property in the City of 22 Carlsbad described on Exhibit 3, attached hereto and by this reference incorporated 23 herein. 24 5. The City Council of the City of Carlsbad hereby declares its intention to cause the 2^ removal of said weeds, rubbish and refuse. A public hearing will be held in the City ^/r Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California on April 17, 27 28 EXHIBIT 2 Page 2 of 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 2007 at 6:00 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 3rd day of April , 2007, by the following vote: AYES: Council Members Lewis, Kulcbin, Hall, Packard NOES: None ABSENT: None ATTEST: LORFS^TNE M. WOOD, City Clerk (SEAL) -2- EXHIBIT 3 Page 1 of 2 1 RESOLUTION NO. 2007-078 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE FIRE CHIEF 3 TO ABATE NUISANCES BY HAVING WEEDS RUBBISH 4 AND REFUSE REMOVED. 5 14 15 16 6 WHEREAS, at its meeting of April 17, 2007, the City Council did herein consider 7 all objections to the proposed removal of weeds, rubbish, and refuse on certain property ° located within the City of Carlsbad; and 9 WHEREAS, notice of said meeting was given to hear all objections if any, to the 10 proposed removal of weeds, rubbish and refuse, and at the conclusion of the hearing 11 did overrule any said objections, if any, except as follows: 12 N/A 13 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California, as follows: 19 1. That the above recitations are true and correct, and 20 2. The City Council of the City of Carlsbad does hereby direct the Fire Chief 21 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 24 herein, except as stated above, by having the weeds, rubbish, and refuse 25 thereon removed. 26 // 27 // 28 EXHIBIT 3 Page 2 of 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of April 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Nygaard CLAUDE A LEWIS, Mayor ATTEST: (SEAL) ooCM O) Oo^ CM roQ. 99 0) o T •- -1 X ^ SLU T3 CO5 5JD C_W Q. "c 8 •— 0) £"co <D 1 1£ I !! | fta \is J * K 3 iiK •H * H i & '•I •o *n ij «» I I* « 1 15 I ICO 1i ' i 8 CO (N OOin oo 00vO 8 00 ooin oosi CO Carlsbad, CAAwad, George & Aidaoo <Nco 6a $ - oIN coco(N ooin oo 0000 o(Nco•t oo(N 8in•t < 5&odV)41o 1 cVeQ._2 c•a 1o 846o*?>o (N CN O00 v£>coO) ooin o00 o> o00 VO* ooP3 i— i Ooin* <Calabasas CA1 fiV1_0 V Io ooinodoCO >o CN CO 8 vO(N(N OOin oo 00 8vdn § ooinrt- <Calabasas CA| CV O.3 c 1O Oo 86oCO >o CN t 0>in CNvOVO oo in CT>mt^ in *CO vO-t in oo_CN" in0)a mCN Hollywood, CACraig, Lisa 86 Christianc/o Bob Cissnao t>-* 5>^j- in CN in £ (NVOVO Ooin <?in N m TfCO 5 in 00of in(Ns in(N Long Beach, CACraig, Lisa & ChristianO)o t^-* CTI* in !N iO f•t(^o\C>) ooin ^r* S 154.44Oo(M •t" O *oK Craig, Lisa & Christianc/o Bob Cissnao ub* ?in cs i-. *to\8 0oin ^t1-*m •a-^-s o OiO] *"Long Beach, CA•% O =8 %3 w•g O 9V£>tj- CT> *in 0) 00 « ?**! 8in oIN inw 240.0000 sin ooCNn" om (No(N Om<t 637.505 au3 §to Stantistevan, Davidoo VO cso<^J- in CN h- OOinot^ ooin oooU3in 120.00* 8 C5h-CN O °.r~170.00^•s I Hialeah West Coast, Inc.oo ^o fin CN 00 aomCN ooin o00* o 00 ^1C oo00 oog m Scottsdale, AZNovello, Gene & Sheilao0 6in 6CO CO CN C^ ooinCO00 in oooo><o ood Ov o> 8oVO CN 8d^J-m oooin Oak Brook, 11Ko Sung-Tao & Linoo 0) r— i OinCN co CN O M[»«in § §s vt Xs«* 8 City of Carlsbad Fire Department Office of Fire Prevention Division August 8, 2007 Mr. Eric Howard County of San Diego Auditor & Controller Property Tax Services, Room 164 1600 Pacific Highway San Diego, CA 92101 Fax (619) 531-5168 CERTIFICATION OF FIXED (FLAT) CHARGE SPECIAL ASSESSMENTS This letter certifies that according to the records of the City of Carlsbad Fire Dept. that all assessments and special taxes are in compliance with Article XI 1C & 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 2006- 2007. FUND NUMBER 601004 Certified by: COUNT 10 AMOUNT $5,973.06 OOD, CMC City Clerk 1635 Faraday Avenue • Carlsbad, CA 92008 • (760) 602-4666 • FAX (760) 602-8561 ATTACHMENT B FIXED CHARGE FOR SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST CITY OR DISTRICT: City of Carlsbad TYPE OF ASSESSMENT: Weed Abatement FUND NUMBER: CODE: 1 (Local = 1, State = 2) PARCEL NUMBER BOOK XXX 156 216 216 216 215 215 215 215 215 215 , 223 223 PAGE XXX 190 300 300 300 491 491 491 491 492 491 130 250 PARCEL XX 32 04 05 06 47 47 46 46 16 09 50 12 .UNDIVIDED INTEREST XX 01 02 01 02 AMOUNT XX.XXX.XX 213.00 233.20 236.80 226.00 662.59 662.59 299.44 299.44 1,340.20 705.00 259.80 835.00 FOR STATE ROLL ONLY TAX RATE AREA* XXXX ASSESSEE NUMBER * XXXX AUDITOR'S USE ONLY X 07/19/2007 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy 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. 2007-203. 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 with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the 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 8th day of August, 2007. £g] /DEPUTY^eLERK ' (SEAL) '>,^ it *.»*''o,,r,..o*