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