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Home My WebLink About2019-03-26; City Council; Resolution 2019-038RESOLUTION NO. 2019-038 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 IN CONJUNCTION WITH THE CITY OF CARLSBAD WEED ABATEMENT PROGRAM AND SETTING A PUBLIC HEARING DATE FOR APRIL 23, 2019. Exhibit 1 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 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 sections 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 Attachment A, 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 1200 Carlsbad Village Drive, Carlsbad, California on April 23, 2019 at 6:00 pm to consider property owners responses 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 the Resolution. March 26, 2019 Item #2 Page 3 of 20 7. The Fire Chief of the City of Carlsbad is hereby designated to perform the duties imposed by the California Government Code sections 39560, et seq. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of March 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. MATT HALL, Mayor (SEAL) March 26, 2019 Item #2 Page 4 of 20 In Reference Assessor's Parcel No. Dear Property Owner: EXHIBIT 2 -Notice to Property Owners In an effort to reduce hazardous conditions on lots throughout the community, the City of Carlsbad has begun its Annual Weed and Rubbish Abatement Program. Your property has been identified due to the fact that a potential fire hazard exists upon the property. As the property owner, the reduction of hazards on the property is your responsibility. Should you no longer own the property, please notify this office immediately. In conformity with the provisions of Sections 39560, et. seq., of the California Government Code, you are hereby notified that hazardous vegetation and/or rubbish shall be removed from the above-mentioned property by May 15, 2019. Notices will not be placed on the property. PLEASE REFER TO THE NOTICE ON THE REVERSE SIDE OF THIS LETTER. Property cleared and maintained free of combustible vegetation and/or rubbish, and in compliance with the requirements listed on the enclosed City of Carlsbad Fire Department Hazard Reduction Information sheet, is not subject to further action by this department. After May 15, 2019, property that is not cleared of a hazardous condition and/or maintained in a safe condition is subject to abatement by City contracted crews. THE COST FOR ABATEMENT BY THE CITY, PLUS AN ADMINISTRATIVE CHARGE (NOT TO EXCEED $271.00) WILL BE ADDED TO THE OWNER'S TAX STATEMENT. The condition of property remains the responsibility of the owner and legal action may be initiated to enforce applicable regulations. IN ORDER TO AVOID ADMINISTRATIVE CHARGES, THE CITY URGES PROPERTY OWNERS TO MAKE PRIVATE ARRANGEMENTS FOR THE CLEARING OF HAZARDS FROM THEIR PROPERTIES BY MAY 15, 2019. A list of local contractors is enclosed for your convenience. For further information or assistance, you may contact the Weed Abatement Officer Monty Kalin at 760-602-4665, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail: Monty.kalin@carlsbadca.gov. MD:cdw Enclosure SEE NOTICE NEXT PAGE March 26, 2019 Item #2 Page 5 of 20 Notice to Property Owners March 26, 2019 Page 2 of 4 NOTICE TO DESTROY WEEDS & REMOVE RUBBISH NOTICE 15 HEREBY GIVEN that on the 26th day of March 2019, the City Council of the City of Carlsbad passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on certain streets in the City as described in the resolution and, that rubbish was upon or in front of said property, and that the weeds and rubbish constitute a public nuisance which must be abated by the removal of the weeds and rubbish. Otherwise, they will be removed and the nuisance will be abated by the City, and the cost of removal assessed upon the land from or in front of which the weeds or rubbish are removed and will constitute a lien upon such said land until paid. (Note: PROPERTY OWNERS WITH SPECIAL CLEANING PROBLEMS MUST CONTACT THE CITY FIRE MARSHAL AT (760) 602-4665 PRIOR TO April 23, 2019). Reference is hereby made to said resolution for further particulars. A copy of the resolution is on file in the Office of the City Clerk. All property owners having an objection to the removal of such weeds are hereby notified of a meeting of the Carlsbad City Council on April 23, 2019, at 6:00 p.m. The agenda of this meeting includes a public hearing to consider objections of property owners. A public hearing will be scheduled for 6:00 p.m. on July 23, 2019, by the Carlsbad City Council to consider the Weed Abatement Cost Report. This Cost Report will be posted for one week prior to the hearing. Objections may be heard at this public hearing . . For further information on the locations of these meetings, please call (760) 602-4665. Dated this 26th day of March 2019. q~ Fire ru \ boJAV111 ~ ~ARBARA ENGLESON U" "'ity Clerk March 26, 2019 Item #2 Page 6 of 20 Notice to Property Owners March 26, 2019 Page 3 of 4 CITY OF CARLSBAD FIRE DEPARTMENT HAZARD REDUCTION INFORMATION I. WEED ABATEMENT STANDARDS Items A through F are the basic standards employed by the City Of Carlsbad Fire Department when abating hazardous conditions. Properties cleaned by owners or private contractors will be evaluated by means of the following standards: A. Grass, weeds, trash, and other rubbish shall be removed from vacant lots, yards, courtyards, parkways and other locations as specified by the Fire Department. B. Native brush and chaparral that have been cleared or thinned previously in the past five years shall be modified in the same manner for a minimum distance of 60 feet measured from the closest combustible structure, discounting fences. Fuel modification shall conform to the standard requirements. Further information may be obtained from the Carlsbad Fire Department Fire Prevention Division at (760) 602-4665. C. Native brush and chaparral that have not been previously cleared or modified in the past five years must be assessed on a case-by-case basis to determine whether the removal will conflict with the Federal Endangered Species Act of 1993. Questions should be forwarded to Fire Prevention Division and to the Fish and Wildlife Service (760) 431-9440. D. Fuel breaks of 60 feet or more that have been previously required in the past five years shall be maintained by mowing. New fuel breaks may be required on a case-by-case basis and owners of affected properties will be notified by mail before abatement. E. Abatement shall be accomplished by power mowing to three inches in height. In some areas, such as fuel breaks or problem areas involving hazards to mowing equipment, discing may be approved. Regardless of method used, standing weeds remaining around perimeters of lots after mowing or discing shall be cut to three inches in height. Cut vegetation shall be reduced on site or disposed of in an approved method. F. Open burning is prohibited. II. SPECIAL CONDITIONS A. Eucalyptus trees (within 60 feet of structures): Remove all heavy accumulation of leaves to a maximum depth of four inches. Remove fallen limbs, litter, debris and loose bark from the ground. Trim low hanging limbs and foliage to a height of six feet. Existing native vegetation must be thinned by 50 percent. Grasses must be mowed or trimmed to 3 inches. March 26, 2019 Item #2 Page 7 of 20 Notice to Property Owners March 26, 2019 Page 4 of 4 B. Inactive groves (citrus, avocado, etc.): Remove all dead growth, disc the property and maintain free of hazard. C. Palm trees on vacant lots (within 60 feet of structures) shall have dead fronds removed as necessary. Should the property be abated Palm trees will be removed. D. Trimmings from trees and other vegetation may be reduced by chipping to mulch and may be evenly dispersed on the site to a level of four inches. Ill. STRUCTURES IN BRUSH COVERED AREAS A. All chimneys, stovepipe or flue outlets are required to be equipped with an approved spark arrester. B. Remove that portion of any tree which extends within ten feet of the outlet of any chimney, stovepipe or roof line. C. Maintain any tree adjacent to any building, free of dead or dying wood. D. Trim low hanging foliage of trees located within 60 feet of structures to a height of six feet above ground level. IV. HOMEOWNER ASSOCIATIONS A. Homeowners Associations that have Fuel Modification Zones, must maintain these areas in compliance with these standards. B. Necessary maintenance should occur on both a regular schedule and as needed. C. Should a Drought Alert occur, that limits water to Fuel Modification Zones, it will be critical that these areas are monitored. Accumulations of dead material will require removal. V. COST OF CLEANING BY THE CITY OF CARLSBAD A. The cost of cleaning parcels by the City is based upon a square foot unit price for discing, mowing, and handwork, and by the cubic yard for mulching or chipping . B. The cost of rubbish removal is based upon a flat rate per ton, including loading, hauling and disposal. C. The charge for cleaning by the City will also reflect an administration charge of $271.00 per parcel. March 26, 2019 Item #2 Page 8 of 20 Be in the 11Zone" f ire, pre~ntion exp,?rts often refer to three zones aro1Jnd your home. The size of ead1 zones depeoo~on tor.:akonditions, and tire codes. In Carlsbad, it is generally re.commended to aeate a 60 foot safety zone around your home. These zones shoLl!ld be free of dead ifiammable landscaping and maintained regu!arf)'. - ~ONE2 ZONE3 • Reduce tilechance,ofwind b!own embers atchi:ng materials. ne.ir yaurllome 011 iire. • Remove,delJ:ris l'rom gutters. • Cover attic,. foundation and otiher vents with l/8 ioch metal mesh screerns; • Use rock.orgravel m1.1!ch i'llsttead of"'OOd chips in this airea,, and brfdrnrconcrete walk.wa)"5, Keep firewood, lumber and other flamm<Ibl'<!! mat9fial\i. away-from yoLl!r home•. • You may plant lire-resistant; irnigatec!I landsrapir,g in this. area,. , Create 11 land5ioape 'llha1t is rn:,t as, likell'J to s:plEl.d lire to your home .. , Yau may keeiP 1utural v-egetatian in tt,iis a,raa. , Native, plants/shrubs that are mtainec!I should be trurililoo in a mo,sak pat tem l;l!tilh space between p!aotsJ. Grass O'J woods silout-d be crJt bad:: to no l'lllOre th1m four irtcoos. a'bo.12' the gmou!11d, • Mow tJraiiler.slJl:Vs, storag1e shtec!ls and Citller flamrrnbfe, structu1ms out ofthrtS a:rE\ili. If unabte to mo\ie, create delf9nsib!e spa-ce amunct th.em.. • Thilrmir1g and regultar mamtmance-wim heliP ro redoce> ttu~ stref'lgttl ,md speed o.ffirn in this area. • Re,roo1;1Q; d;e;;di plants and tire@ l:!ranchll!>. • Thilll arid sejJ;"iratetrees and.shrubs. w.vl'limrlsl:radca.gcr.r WEED ABATEMENT CONTRACTORS HABITAT RESTORATION SCIENCES (HRS) COLES WEED CONTROL ED WHITNEY JOE WALL TRACTOR SERVICE (760) 479-4210 (760) 753-7035 (760) 510-9030 (760) 758-5219 March 26, 2019 Item #2 Page 9 of 20