HomeMy WebLinkAbout08/07/1990, 1 - PUBLIC HEARING TO CONSIDER FIRE CHIEF'S REPORT CONFIRMING COSTS OF THE DESTRUCTION OR REMOVAL OF WE ��IWI�WIIII(�uI�IlVlll � 1' MEETING DATE:
��NIII� C, 0 San Ltl�s �S1Sp� Au ust 7 1990
COUNCIL A ENOA. REPORT MEM NUMBER:
FROM: Michael P. Dolder BY: Robert Neumann 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 1990 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 1,000 parcels. Of these
parcels, 11 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). 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 1990 the County Assessor chose to administratively change the closing
deadline to July 20, 1990. However, the Assessor's Office has agreed to accept the City's
confirmed list of abated parcels for inclusion on the 1990/91 tax rolls.
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 7th 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.
�� IIIIlI�I�° 9�ill city of san Luis osispo
MISMe COUNCIL AGENDA REPORT
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
S) Attachment 3 - Notice of Public Hearing and billing sheet
D7-AGENDAWA
RESOLUTION NO. (1990 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 7, 1990, 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 1990 in accordance with provisions of the City's
Municipal Code, Section 8.08.010 to-8-08.1 10 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 1990/91
On motion of seconded by
and on the following roll call vote:
C11 AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this Day of
1990.
MAYOR RON DUNIN
ATTEST
CITY CLERK, PAMELA VOGES
• i t • 6 C6 •'i
G'
RESOLUTION NO. (1990 Series) - Page two
APPROVED:
ity Adm �, -
istrative Officer
C' ney
Finance Director
]&,ZALQP
Fire Chief
1990 WEED ABATEMENT BILLING EXHIBIT A
The following is a breakdown of Fire Department abatement costs for 1990. This report is being
C, submitted to the San Luis Obispo City Council for approval on August 7, 1990.
Name Parcel No. FD Cost Admin Fee Penalty Total
R. C. Leal 002-508-012
364 Pacific $ 92.50 $ 69.38 $75.00 $ 236.88
444 Higuera St., A Ltd Ptp 002-511-018
444 Higuera $ 98.75 $ 74.06 $75.00 $ 247.81
A. G. Gomez 003-613-007
493 Pismo $ 92.50 $ 69.38 $75.00 $ 236.88
Wayne Gann 004-826-041
2221 King Ct. $ 655.00 $ 491.25 $75.00 $1,221.25
Marian Pratt 053-061-024
3750 Bullock Lane $ 269.50 $ 202.13 $75.00 $ 546.63
SLO Partners, A Gen Ptshp 053-061-038
053-061-040
861 and 953 Orcutt $ 223.50 $ 167.63 $75.00 $ 466.13
I. Lara 053-063-001
3418 Sacramento $ 52.50 S 39.38 $75.00 $ 166.88
Margaret J. Templeton 053-663-019
3427 Roberto Court $ 235.00 $ 176.25 $75.00 $ 486.25
G. M. Bartlett 053-171-029
1616 Calle Joaquin $ 189.00 $ 141.75 $75.00 $ 405.75
Ilmar Jackson 053-641-003
663 Church Street $1,387.50 $ 1,387.50
Ilmar Jackson as follows:
11/88 Unpaid bill for weed abatement 11/7/88 $ 907.88
11/89 Unpaid bill for weed abatement 9/7/89 $ 1,128.88
Southern Pacific Transportation Co. - (Amount to be included before Council Meeting)
CA:WA90
ATTACHMENT 1
NOTICE
iOC A
W S
AN T AQL
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 J
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
fine depaRtment
cIo
DATE POSTED: -
San LUIS OBISp0
FDP 254
ATTACHMENT 2
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►11111 !II crty of san luis 0B.ISPO
C — FIRE DEPARTMENT
748 Pismo Street•San Luis Obispo,CA 93401 •8051549.7380
NOTICE TO CLEAR WEEDS AND TRASH
The City Fire Department recently inspected the property described by the above parcel number. They
saw weeds or trash, or both, that could bea 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 that
you own this property. If you do not own it, please notify us immediately.
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. If you have already cleared
the property, thank you for your prompt attention to abatement, and please disregard this letter.
We will re-inspect for abatement 10 days from the date of this letter. If weeds and/or trash have not
been cleared satisfactorily by then, a City-hired contractor will perform the work. You will then be
billed accordingly. This billing will reflect a 75% administrative fee plus a $75.00 penalty. To avoid
these fees and penalties please cut or clear in a timely manner. We can provide you with names of
people who do weed abatement H you cannot locate one.
For more information or if you have questions or any particular problems please call Carrie Bassford,
Hazard Abatement Officer, at 549-7387.
Thank you for your cooperation and for helping keep San Luis Obispo a fire-safe and attractive
community.
9: Recycled Pao"
ATTACHMENT 3
jl
� Cl of sAn tuts mi
FIRE DEPARTMENT
748 Pismo Street•San Luis Obispo,CA-9340i •8051549.7380
NOTICE IS HEREBY GIVEN that on the 7th day of August, 1990, at approximately 7:05 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 5:00 p.m. the day 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, 1990 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
(: Recycled Paper
rxd'4h ui N.r'��1.'•J /
1990 WEED ABATEMENT BILLING EXHIBIT A 1
^ The following is a breakdown of Fire Department abatement costs for 1990. This report is being
rel submitted to the San Luis Obispo City Council for approval on August 7, 1990.
Name Parcel
��No. FD Cost Admin Fee Penalty Total
R.C-. Leal ON 5088 N-2-
- 364 Pneifie S 92.50 $ 69.38r-$45.99--$ 2360.8-8 A
444 Higuera St., A Ltd Ptp 002-511-018
444 Higuera $ 98.75 $ 74.06 $75.00 $ 247.81
A. G. Gomez 003-613-007
493 Pismo $ 92.50 $ 69.38 $75.00 $ 236.88
Wayne Gann 004-826-041
2221 King Ct. $ 655.00 $ 491.25 $75.00 $1,221.25
Marian PFatt 863-Opt-P2¢:
3756 Bullock Lane-- 5 269.50 $ 262:-13--$75.0O S 546.63-�
SLO Partners, A Gen Ptshp 053-061-038
053-061-040
861 and 953 Orcutt $ 133:50 $ 100.13 $75.00 $ 308.63
I. Lara 053-063-001
3418 Sacramento $ 52.50 $ 39.38 $75.00 $ 166.88
Margaret J. Templeton 053-063-019
3421 Roberto Court $ 235.00 $ 176.25 $75.00 $ 486.25
C' G. M. Bartlett 053-171-029
1616 Calle Joaquin $ 189.00 $ 141.75 $75.00 $ 405.75
Ilmar Jackson 053-641-003
663 Church Street $1,387.50 $1,387.50
Ilmar Jackson as follows:
11/88 Unpaid bill for weed/trash abatement 11/7/88 $ 907.88
11/89 Unpaid bill for weed/trash abatement 9/7/89 $1,128.88
Southern Pacific
Transportation Co. 7 parcels and the
Right-of-Way $11,226.00 $8,419.50 $75.00 $19,720.50
Richard Hampton* 053-071-022
3428 Bullock Lane $ 499.50 $ 374.63 $75.00 $ 949.13
*Mr. Hampton's bill is a carry-over from last year. Because the parcel was split and new numbers
were assigned, the number we used (053-071-013) was invalid by the time it got attached to the tax
roll and consequently was rejected. We are re-submitting with the new parcel number.
*Denotes action by Lead Person
ci
� Council �6 ® BrZ
,e,CAO AUu 7 - 090
4'64V Atty.
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