HomeMy WebLinkAbout08/06/1991, 2 - PUBLIC HEARING TO CONSIDER FIRE CHIEF'S REPORT CONFIRMING COSTS OF THE DESTRUCTION OR REMOVAL OF WEEDS AND/OR DEBRIS IN VARIOUS CITY AREAS. MEETING DATE:
CTCy Of San LUIS OBISPO August 6 1991
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Robert F. Neummo BY: Ken McCool 6l3
Fire Chief Fire Marshal and Carrie Bassford
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 a 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 the
costs to destroy weeds.
The charges listed in Exhibit "A" were incurred during the administration of the 1991 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 1,100 parcels. Of these
parcels, 5 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 parcels 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 1) and owners were advised by mail, in
writing, with a "Notice to Clear Weeds and Trash" (Attachment 2), with a follow-up letter upon re-
inspection (Attachment 3). 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.
In past years, the County's deadline for submitting special assessments has been August 8th and the
City's Closing date to meet this deadline was 5:00 p.m. the day following the Council's
confirmation hearing. In 1991 the County Assessor chose to administratively change the closing
deadline to July 20, 1991. However, the Assessor's Office has agreed to accept the City's
confirmed list of abated parcels for inclusion on the 1991/92 tax rolls.
Following Council's confirmation of Exhibit A, a list of the abated parcels and costs will be sent to
the County Assessor. Unless the Assessor accepts the special assessments for inclusion on the
1991/92 tax rolls, the assessments will automatically be included in the 1992/93 assessments.
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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
(1991/92) 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 6th 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 1991/92. Denial will defer recovery until a subsequent tax year, or until such time as the
list of liens is confirmed.
RECONMIENDATION:
Adopt resolution confirming liens upon real property parcels for weed abatement costs in the City
of San Luis Obispo.
ATTAMIENTS:
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 - Second "courtesy" notice
6) Attachment 4 - Notice of Public Hearing and billing sheet
RESOLUTION NO. (1991 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 6, 1991, 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 1991 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 1991/92.
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 ,
1991.
MAYOR RON DUNIN
ATTEST:
CITY CLERK, PAMELA VOGES
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RESOLUTION NO. (1991 Series) - Page Two
APPROVED:
ity Ad istrative Officer
AWin
Fire Chief
/eg�-/Finazice Director
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1991 WEED ABATEMENT BILLING EXHIBIT A
The following is a breakdown of Fire Department abatement costs for 1991. This report is being
submitted to the San Luis Obispo City Council for approval on August 6, 1991.
Name Parcel No. FD Cost Admin Fee Penalty Total
Dave Boyle 001-270-007
1460 Andrews 90.00 67.50 75.00 232.50
Dana J. Moore 052-163-038
052-163-039
585/593 Luneta 90.00 67.50 75.00 232.50
Gaines Hill Devel. 052-312-026
109 Cerro Romauldo 90.00 67.50 75.00 232.50
Pacifica Corporation 053-091-012
053-091-013 852.50 639.38 75.00 1,566.88
The Arbors
Barry Hermanson c/o
Churchill Properties 053-171-029
1515 Calle Joaquin 120.00 90.00 75.00 285.00
ATTACHMENT 1
NOTICFF
TO C AR
i
W DS
AN TRAQH
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
SIRE dcpaRtment
CRY Of
DATE POSTED: San LUIS oBlSpo
FDP 254
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FIRE DEPARTMENT
748 Pismo Street •San Luis Obispo,CA 93401 •8051549.7380
NOTICE TO CLEAR WEEDS AND/OR DEBRIS
The City Fire Department has begun its annual Hazard Abatement Program and the property at the
parcel number listed above was recently inspected and posted. Weeds and/or trash were found that
could be a fire-hazard or public nuisance. Section 8.08.020 of the Municipal Code requires citizens
to keep their property clear of hazards. County records indicate you own this property and if not,
please notify us immediately and we will correct our records.
A "Notice to Clear" was placed on this property. If you did not see the notice this is to advise you
that the hazards must be cleared 10 days from this date of this letter. If the property has already
been cleared, thank you for your cooperation and please disregard this letter.
The drought and the winter freeze have created an unusual amount of dead plants. The following
guidelines may help you:
• Clear empty lots to no more than 4" high (mow, disc, scrape or rototill). This includes
tumbleweeds and anise (anise may be green now but dries later).
• Clear dead leaves, weeds and brush from your property.
• Remove dead bushes and dead trees or tree limbs.
• Remove excess trash, wood or other combustibles from the property.
A re-inspection will take place in 10 days. Non-compliance of abatement will result in having the
City clear your property and you will be billed accordingly. PLEASE NOTE: In addition to the
clearing fee an additional 75% administrative fee and a $75.00 penalty will be charged.
If you have special problems, questions, or need the names of people who do weed and lot-
clearing please call Carrie Bassford, Hazard Abatement Officer, at 549-7387.
Thank you for doing your part in helping keep San Luis Obispo a fire-safe community.
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®Prinlcd on RcLNUIed Paper. _ / -
ATTACHMENT 3
A CItY Of SM 1UIS OB
SpO
FIRE DEPARTMENT
748 Pismo Street•San Luis Obispo,CA 93401 a 8051548.7380
Date: , 1991
Re: Weed Abatement Parcel No.:
Address:
Dear Property Owner/Resident:
On May 24, 1991 a "Notice to Clear Weeds and/or Debris" was sent to the property owner of
the above parcel number. Upon re-inspection recently, the property had not been cleared of the
following:
Please call me immediately with your plans as we are preparing to have the City weed
abatement contractor do the work. The fee charged by the contractor has a 75% City
administration charge and a $75.00 penalty added to the bill.
We will work with you if there is a problem. Please disregard this letter if the work has been
completed, but I would appreciate a call anyway.
Sincerely,
Carrie Bassford
Hazard Abatement Officer
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Recycled Paper
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ATTACHMENT 4
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city of san lois OBISPO
0100FIRE DEPARTMENT
748 Pismo Street• San Luis Obispo, CA 93401 •8051549.7380
July 18, 1991
NOTICE IS HEREBY GIVEN that on the 6th day of August, 1991, at approximately 7:05
p.m., in the Council Chambers of City Hall at 990 Palm Stmt, 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 7th 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.
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 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 7, 1991 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.
Ken McCool
Fire Marshal
FDP 255/WA91