HomeMy WebLinkAbout08/01/1989, 1 - PUBLIC HEARING TO CONSIDER FIRE CHIEF'S REPORT CONFIRMING COSTS OF THE DESTRUCTION OR REMOVAL OF WE Meeting Date: 8-1-89
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a� A city o� san Luis OBIspo Item Number:
COUNCIL AGENDA REPORT
FROM: Michael P. Dolder BY: Erwin Willis and Carrie Bassford
Fire Chief Fire Marshal
SUBJECT:
Public hearing to consider Fire Chief's report confirming costs
of the destruction or removal of weeds and/or debris in various
City areas.
CAO RECOMMENDATION:
Adopt resolution confirming liens upon real property parcels for
weed and/or debris abatement costs in the City of San Luis Obispo
BACKGROUND:
Section 8.08.060 of the City's Municipal Code requires the Fire Chief to keep an
accounting of costs to destroy weeds.
The charges listed in Exhibit "A" were incurred during the administration of the 1989
Weed Abatement. Program. The amounts represent actual costs incurred by the Fire
Department for contract labor to remove weeds and debris on-subject parcels, a 75%
administrative cost as called out in Section 8.08.060 of the Municipal Code (Ordinance
955/1983 Series), and a $75.00 penalty fee established by Resolution 5069 (1983 Series).
As part of this year's program the Fire Department posted approximately 850 parcels. Of
these parcels, 26 were abated by the City's weed abatement contractor. The remainder
of the parcels were abated or are in the process of being abated by the property
owners. Only those listed in Exhibit A have not been paid.
Prior to the removal of weeds by the Fire Department, the subject properties were
physically posted with a "Notice to Clear Weeds and Trash" (Attachment 2), All
notification was completed in accordance with Municipal Code Section 8.08.040. Removal
and destruction of weeds by the Fire Department took place only after all statuatory
avenues for notification of the property owner were pursued.
It has been the Council's policy in the past to confirm the assessments as attached
hereto and in the event that such confirmed assessments are not paid on or before the
2nd day of August following the confirmation hearing, that said assessments be added to
the tax bill for said properties, thereafter becoming a lien on said properties.
city of San Luis OBISpo
COUNCIL AGENDA REPORT
ALTERNATIVES:
1. Adopt resolution confirming liens upon real parcels for weed abatement costs
incurred by, or on behalf of, the City. This will result in assessments being
included on the tax rolls for next year (1990/91), in order to recover abatement
and administrative costs.
2) Take no action and forego hearing and confirmation of weed abatement costs at
this time. This will allow the hearing deadline of August 1st to lapse, deferring
indefinitely (until hearing and confirmation) the posting of these assessments to tax
rolls, and resulting in delayed recovery of program costs to a subsequent tax roll.
CONCURRENCES:
The Finance Department has worked closely with the Fire Department in support of this
method of collection. The impact on other City departments is negligible.
FISCAL IMPACT:
Adopting the resolution and confirming liens will expedite recovery of City costs and
penalties in tax year 1990/91. Denial will defer recovery until a subsequent tax year, or
until such time as the list of liens is confirmed.
RECOMMENDATION:
Adopt resolution confirming liens upon real property parcels for weed abatement costs in
the City of San Luis Obispo.
ATTACHMENTS:
1) Draft Resolution
2) Exhibit "A" - List of parcels with delinquent abatement bills
3) Attachment I - Sign used to post each parcel
4) Attachment 2 - Notice to Clear Weeds and Trash
5) Attachment 3 - Notice of Public Hearing and billing sheet
D7-AGENDA WA
1
RESOLUTION NO. (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS
FOR WEED ABATEMENT COSTS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1) This Council hereby finds and confirms the existence as of August 1,
1989, of duly imposed liens in the amounts and upon the real property parcels set forth
in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed
abatement costs incurred by the City upon said parcels in Calendar Year 1989 in
accordance with provisions of the City's Municipal Code, Section 8.08.0 10 to 8.08.110
inclusive.
2) The Director of Finance is directed to send a copy of this Resolution to
the Auditor-Controller of the County of San Luis Obispo for collections of said liens
along with regular City property taxes for 1989/90
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this Day of
1989.
MAYOR RON DUNIN
ATTEST
CITY CLERK, PAMELA VOGES
RESOLUTION NO. (1989 Series) - Page two
APPROVED:
City Adm'nistrative Officer
City Attorney
--4 1&11- -zts
Fire Che o
4��7L -
Finance Director
1
�. Exhibit A
(Page 1 of 2)
The following is a breakdown of Fire Department abatement costs for 1989. This report
is being submitted to the San Luis Obispo City Council for approval on August 1,1989.
Name Parcel No. FD Cost Admin Fee Penalty Total
Anna Addcox 001,041,005
1273 Murray 55.00 41.25 75.00 171.25
L. Molinari, etal 001,122,021
643 Howard 55.00 41.25 75.00 171.25
A. G. Gomez 003,613,007
485 Pismo 133.00 99.75 75.00 307.75
David Veazy 003,721,010
2091 Beebee 55.00 41.25 75.00 171.25
Ralph Battles 003,761,037
2604 El Cerrito 176.00 132.00 75.00 383.00
Ora Short 003,771,020
1673 La Vineda 55.00 41.25 75.00 171.25
H. L. Caldwell 004,292,041
LOVR behind Diablo 244.00 183.00 75.00 502.00
R. F. Ballesteros 004,841,018
2211 Broad 33.50 24.75 75.00 133.25
Vernon Pennington 004,582,006
2905 Rockview 375.00 281.25 75.00 731.25
J. S. Foster 004,585,009
3003 Rockview 110.00 82.50 75.00 267.50
MSB Properties 004,845,002
End of Alphonso 441.00 330.75 75.00 846.75
Arthur King 004,951,008
Humbert Street 953.50 715.13 75.00 1,743.63
J.W. Maulhardt 052,520,001
311 Twin Ridge 66.00 49.50 75.00 190.50
Larry Loh 052,520,028
352 Montrose. 167.50 125.63 75.00 368.13
Larry Loh 052,521,013
658 Al Hil 178.00 133.50 75.00 386.50
Joanne Burke 053,062,048
865 Capitolio 110.00 82.50 75.00 267.50
Exhibit A - continued Page 2 of 2
1989 Weed Abatement
I. Lara 053,063,001
3418 Sacramento 110.00 82.50 75.00 267.50
David Rusch 053,063,041
815 Via Esteban 110.00 82.50 75.00 267.50
Richard Hampton 053,071,013
3428 Bullock Ln 499.50 374.63 75.00 949.13
East Fork Ltd. 053,081,043
Tank Farm Rd. 1,216.50 912.38 75.00 2,203.88
John Ruffoni 053,141,011
LOVR & 101 690.00 517.50 75.00 1,282.50
Guy Bartlett, etal 053,171,016
1575 Calle Joaquin 265.00 198.75 75.00 538.75
G. M. Bartlett 053,171,022
2153 Calle Joaquin 178.00 133.50 75.00 386.50
E. A. Alward 053,245,026
1715 DeAnza Ct. 44.00 33.00 75.00 152.00
Meadow Ltd. 004,833,004
Meadow&Woodbridge 111.00 83.25 75.00 269.25
6,531.50 4,823.27 1,875.00 13,229.77
A:WA89 l
ATTACHMENT 1
NO ICE
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We recently inspected this property and found weeds or trash,
or both, that could be a fire hazard or public nuisance. We
posted this card to notify the owner;occupant or agent that the
weeds or trash must be cleared and also removed
NOTICE IS HEREBY GIVEN that pursuant to the prov'i'sions of Chapter 8.08 of the Municipal
Code of the City of San Luis Obispo,the owner,occupant or agent in charge of the property,land
or lot upon which this notice is posted, is directed to remove or cause to be removed from said
premises,including adjacent streets and sidewalk areas,all weeds,rubbish and similar material
within TEN DAYS (10) FROM THE DATE OF THE POSTING OF THIS NOTICE.
NOTICE IS HEREBY FURTHER GIVEN that in the event such weeds and rubbish are not
removed within said ten (10)days,the same will be removed by the City of San Luis Obispo and
the expense and costs of such work shall become a lein against said premises.
Reference is hereby made to the San Luis Obispo Municipal Code,and City Ordinance No.955,
(1983 Series) for further particulars.
HAZARD ABATEMENT OFFICER
r 549-7387
�1QC &PARMCnt
city Of
As
DATE POSTED: San LUIS OBISPO
1_T
'RCHMENT 2
i ® sAn tuIS OBISPO
I�i�l(I a y
I
FIRE DEPARTMENT
748 Pismo Street• San Luis Obispo.CA 93401 • . 549-7387
May 18, 1989
Parcel Number:
•
NOTICE TO CLEAR WEEDS & TRASH
Representatives of the Fire Department recently inspected the
property described by the parcel number listed above. They saw
weeds or trash, or both, that could be a fire-hazard or public
nuisance. Section 8_18.024 of the Municipal Code requires citizens
to keep their property clear of hazards. County records indicate
that you own this property. If you don't own it, please notify us -
immediately of- the owner's name and address.
At the time of inspection, a "Notice To Clear Weeds and Trash" card
was posted on the property. If you did not see the notice, this
letter is to confirm what the notice said. The hazards must be
cleared 10 days from the date of this letter.
If you cleared the property between the original posting and the
receipt of this notice, thank you for your cooperation and please
disregard this letter.
We will inspect the property again in 10 days. That should allow
plenty of time to mow, disc, scrape or rototill, and dispose of any
trash (if that hasn't been done already) . If weeds and/or trash have
not been cleared satisfactorily by then, we will have a private con-
tractor perform the work and you will be billed accordingly by the
City. We have to charge an additional SEVENTY-FIVE PERCENT (75%)
for administrative costs, so if you want a contractor to do it, it
would be cheaper for you to hire the contractor yourself. We can
give you names of people or firms that do lot-clearing if you cannot
locate one.
IMPORTANT NOTE: SHOULD YOU FAIL TO ABATE YOUR PREMISES, YOU WILL BE _
ASSESSED A $75.00 PENALTY IN ADDITION TO ALL OTHER COSTS.
r
For more information, or if you have any questions, please .call this
department at 549-7387 and ask for Carrie Bassford, the Hazard Abate-
ment Officer.
THANK YOU for helping keep San Luis Obispo a fire-safe and attractive
[-ntmm�n i 4-v J s,e
Attachment 3
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mfr:: JIf'_'�': • -.an
NOTICE IS HEREBY GIVEN that on the 1st day of August, 1989, at approximately
7:00 p.m., in the Council Chambers of City Hall at 990 Palm Street, San Luis Obispo,
California, the report of the Fire Chief on the cost of destruction or removal of weeds
and/or debris and the assessment list thereon will be presented to the City Council for
consideration, correction, and confirmation and that at said time and place, any and all
persons interested in or having any objections to said report or list or proposed
assessments, or to any matter or thing contained therein, may appear and be heard. The
failure to make any objection to said report and list shall be deemed a waiver of the
same.
Upon confirmation of said assessment by the City Council, the amount thereon will
be payable. In the event the same is not paid on or before the 2nd day of August
following the aforesaid hearing, said assessment will be added to the tax bill for said
property and thereafter shall become a lien on said property.
The Municipal Code, Sections 8.08.030 to 8.08.110 inclusive, provides for the removal
from property of weeds, rubbish and other materials which may endanger or injure
neighboring property or the health or welfare of residents of the vicinity. The code also
provides for the establishment of liens for the cost of such removal and for the
enforcement of such liens.
CNOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 8.08 of the
San Luis Obispo Municipal Code, the Fire Chief has destroyed or removed weeds and
debris from the real property owned, occupied, rented, managed or controlled by you and
from the portions of streets, alleys, and sidewalks adjoining the same, which real
property is described as follows:
PARCEL NUMBER:
The City's Finance Department is billing you for the cost of said destruction or
removal proposed to be assessed against said property, including a 75% administrative
charge, and a $75.00 penalty fee, for a total of $ (per Ordinance
955, 1983 Series/3-15-83).
You may pay this assessment at any time before August 2, 1989 by 5:00 p.m. at
City Hall, 990 Palm Street, San Luis Obispo, California at the City Finance Department.
Assessments not paid by that time will be added to the tax rolls, and shall become
a lien against the subject property.
Erwin Willis
Fire Marshal
FDP 255/WA89