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HomeMy WebLinkAbout08/02/1988, 1 - PUBLIC HEARING TO CONSIDER FIRE CHIEF'S REPORT CONFIRMING COSTS OF THE DESTRUCTION OR REMOVAL OF WEEDS IN VARIOUS CITY AREAS. II MEETING DATE: ��� IINIIVIIIIIII������IIVII� City of San LuisOBIspo /� August 2, 1988 MMOGS COUNCIL AGENDA REPORT 7W NUMBER: 1 - FROM: Michael P. Dolder BY: Erwin Willis Fire Chief Fire Marshal SUBJECT: Public hearing to consider Fire Chief's report confirming costs of the destruction or removal of weeds in various City areas. CAO RECOMMENDATION: Adopt resolution confirming liens upon real property parcels for weed 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 adminis- tration of the 1988 Weed Abatement Program. The amounts represent actual costs incurred by the Fire Department for contract labor to remove the 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 700 parcels. of these parcels, 24 were abated by the City's weed abatement contractor and the rest were abated or are in the process of being abated by the property owners. Only those shown in Exhibit A have not been paid. Southern Pacific right-of-way was also abated by the weed abatement contractor. 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 1) and owners were advised by mail, in writing with a "Notice to Clear Weeds and Trash" (Attachment 2) , in accordance with Municipal Code Section 8.08.040. Such removal and destruction of weeds by the Fire Department took place only after all statutory 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 5th day of August following the confirmation hearing, that said assessments be added to the tax bill for said prop- erties, thereafter becoming a lien on said properties. 1 1 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 this years tax rolls, and recovery of administrative fees to defer costs. 2. Take no action and forego hearing and confirmation of weed abatement costs at this time. This will allow the mandated hearing deadline of August 2nd to lapse, deferring indefinitely (until hearing and confirmation) the posting of these assessments to tax rolls, and resulting in delayed recovery of costs in administering program to 1989 tax rolls at the earliest. CONCURRENCES: The Finance Department has worked closely with the Fire Depart- ment in support of this method of collection. The impact on other City departments is negligible. FISCAL IMPACT: Council action will directly impact the time frame in which cost recovery occurs. Adopting the resolution confirming liens will expedite recovery and denial will defer recovery until next 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 1 - 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 GT11-3 RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE X-T 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 2, 1988 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 1988 in accordance with provisions of the City's Municipal Code, Section 8.08.010 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 1987/1988. 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 , 1988. MAYOR RON DUNIN ATTEST: CITY CLERK, PAMELA VOGES EXHIBIT A The following is a breakdown of Fire Department abatement costs for 1988. This report is being submitted to the San Luis Obispo City Council for approval on August 2, 1988. Name Parcel No. F.D. Cost Admin Fee Penalty Total P. Rademaker 001, 012,036 85.00 63.75 75.00 223 .75 623 Serrano Ct J. Norris 001,072,027 129.00 96.75 75.00 300.75 1991 Garfield M. Salazar 002,291,005 258.00 193 .50 75.00 526. 50 689 N. Broad M & P Ltd. 002,2921020 200.00 150.00 75.00 425. 00 626 N. Broad C. Carmelrose 002,3161005 40.00 30.00 75.00 145.00 1163 Peach D. S. Grow 002, 352,018 240.00 180.00 75. 00 495. 00 Wilding Lane R. Umbertis 002,452, 004 86.00 64.50 75.00 225. 50 1235 Buchon M. Souza 003, 614, 022 40.00 30.00 75. 00 145. 00 468 Islay Church St. 003, 634,005 40.00 30.00 75.00 145. 00 Ptshp. 728 Church D. Williams 003, 663,001 100.00 75.00 75.00 250. 0( 1013 Ella W. Forest 003,7711014 120.00 90.00 75.00 285.00 2600 Johnson M. Reed 003,771,028 30.00 22.50 75. 00 127.50 Maria Way R. Denoya 0041581, 002 187.50 140. 62 75.00 403 . 12 647 Perkins Ln. T. McSherry 004,601,018 004,601, 019 195.00 146.25 75. 00 416. 25 3361/3369 Broad Olson Farms 0041961, 056 120.00 90.00 75. 00 285. 00 1010 Orcutt Stan Bell 052, 311, 012 136.50 102 .37 75.00 313.87 346 Los Cerros W. Anderson 0521311,007 052, 311,013 295. 00 221. 25 75.00 591.2.5 327/330 Los Cerros D. Peyvan 052, 32'21002 125.00 93.75 75.00 293.75 67 La Loma Gaines Hill 052, 312,026 30.00 22.50 75.00 127. 50 Devel. 109 Cerro Romauldo L. Martinelli 053,171, 014 120.00 90.00 75.00 285.00 1675 Calle Joaquin J. Rankin 0530241, 054 71.00 53.25 75.00 199. 25 1040 Capistrano The Meadows 053,2720027 125.00 93 .75 75.00 293 .75 Mariposa SUB TOTALS 2,913.00 21184.74 11800.00 6,897.74 SPRR 12,205.00 9,153.75 75.00 21,433 .75 TOTALS 15, 118.00 11,338.49 11875. 00 28,331.49 ATTACHMENT 1 NOTIrE TO CL AR VW AN TRA H 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 provisions 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 549-7387 ..^ ct>ZE oEpaRtmEnt DATE POSTED: San Luis OBISPO ATTACHMENT 2 IIcity of san Us oBispo I FIRE DEPARTMENT 748 Pismo Street•San Luis Obispo.CA 93401 • . 549-7387 June 8, 1988 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_18.020 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. 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 community. ATTACHMENT 3 ���� �► ► ►►i I III 1111111►����"'� "�� 111111 City Of SAn WIS O ;s. III N °_� FIRE DEPARTMENT 748 Pismo Street•San Luis Obispo, CA 53401 •8051549.7380 NOTICE IS HEREBY GIVEN that on the 2nd day of August, 1988, 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 consid- eration, 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 con- tained therein, may appear and be heard. The failure to make any ob- jection 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 5th day of August following the aforesaid hearing, said assessment will be added to the tax bill for said property and thereafter shall be- come a lien on said property. The Municipal Code, Sections 8.08.030 to 8.08 .110 inclusive, pro- vides 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 establish- ment of liens for the cost of such removal and for the enforcement of such liens. NOTICE 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 des- cribed as follows: PARCEL NUMBER: The City's Finance Department has recently billed 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, 1987 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/GT10-3