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WITHDRAWN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
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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,
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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
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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 //
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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.
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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
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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 „
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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,
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EXHIBIT 2
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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
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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 //
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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 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)
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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)
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