HomeMy WebLinkAbout1998-08-03 City Council (16)City
City of Palo A1J 2
Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:FIRE
AGENDA DATE:AUGUST 3, 1998 CMR:312:98
SUBJECT:PUBLIC HEARING: WEED ABATEMENT CHARGES
RECOMMENDATION
Staff recommends Council hear and consider objections from affected property owners of
proposed assessments related to completed weed abatement work and consider the
assessments to be made for weed abatement.
BACKGROUND
The Fire Marshal’s Office for Santa Clara County administers the contract for weed
abatement within the City of Palo Alto, in accordance with an agreement between the City
and County.
On November 17, 1997, in accordance with Chapter 8.08 of the Palo Alto Municipal Code,
City Council declared weeds to be a nuisance and ordered that the nuisance be abated. A
public hearing was held on December 15, 1997, to consider objections to the proposed
destruction or removal of the weeds. Once the above steps had been taken, the County Fire
Marshal’s Office instructed its contractor to abate weeds on City .and private properties within
Palo Alto. That work has now been completed. Property owners were notified the first week
in November 1997 that weeds were to be abated by March 1, 1998, either by the owners or
by the County. If the property owners chose to have the County abate the weeds, the
abatement charges would be levied against the respective properties as~ assessment by the
County Assessor. Theyhave been since informed by the County of the costs for destroying
and removing the weeds.
The Fire Department has published the necessary notice of this hearing in the Palo Alto
Weekly. The cost report by the County Fire Marshal’s Office has been posted in the Council
Chambers for ten days prior to this hearing.
CMR 312:98 Page 1 of 2
DISCUSSION
Property owners may object to the charges for weed abatement being levied against their
Properties. The charge consists of the contractor’s cost plus 120 percent administrative
charges, in accordance with Palo Alto’s contract with Santa Clara County (reference CMR
485:96 December 16, 1996).
A representative from the County Fire Marshal’s Office will be present at the public hearing,
with the records of weed abatements that have taken place. Should there be any
modifications in the proposed assessments as a result of the hearing, changes in the
assessment spread will be necessary. After these recalculations are completed, the
assessment will be submitted to the County Assessor for entry on the next tax roll upon
which general City taxes are to be collected.
RESOURCE IMPACT
There is no direct fiscal impact to the City.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL ASSESSMENT
A negative declaration for the project was prepared on November 17, 1997 (CMR 462:97)
showing that no significant environmental effects will result from the weed abatement
program.
ATTACHMENTS
Resolution
1998 Weed Abatement Assessments by the County of Santa Clara
Prepared by: Nick Marinaro, Acting Fire Marshal
Department Head Review:
RUBEN GRIJALVA
Fire ,Chief
City Manager Approval: YhA SO
Assistant City Manager
CMR 312:98 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCILOF THE CITY OF PALO ALTO
CONFIRMING WEED ABATEMENT REPORT AND ORDERING COST
OF ABATEMENT TO BE A SPECIAL ASSESSMENT OF
THE RESPECTIVE PROPERTIES HEREIN DESCRIBED
WHEREAS, the Council of the City of Palo Alto has
heretofore declared weeds growing on certain properties within the
City to be a public nuisance by Resolution No. 7718, dated
November 17, 1997; and
WHEREAS, the Council on December 15, 1997, did adopt
Resolution No. 7732 thereby ordering the weed nuisance abated; and
WHEREAS, subsequent to the giving of said notice, .the Fire
Chief, through his Achninistrator, the Santa Clara County Fire
Marshal’s Office, has caused to be abated the weeds on the herein
described properties; and
WHEREAS, the Fire Chief, through his Administrator, the
Santa Clara County Fire Marshal’s Office, has filed his report and
assessment list for weed abatement as provided by law and a hearing
has been duly set and noticed, for objections to said report and
assessment list and for confirmation; and
WHEREAS, the Council has duly considered the report and
assessment list and any objections thereto;
NOW, THEREFORE, the City Council of the City of Palo Alto
does hereby RESOLVE as follows:
SECTION i. The report and assessment list is in all
respects complete and correct and is hereby confirmed. The amounts
of the cost for. abating the nuisance are confirmed and those
remaining unpaid, as shown on Exhibit "A" attached hereto and
incorporated herein, shall constitute special assessments against
the respective parcels of land and are a lien on the property for
the amount of the respective assessment. ,
SECTION 2. All written or oral protests or objections to
said report and assessment list are overruled or denied.
SECTION 3. The unpaid assessments shown on Exhibit "A"
shall be entered upon the 1998-99 tax roll against the parcels of
land and shall be collected at the same time andin the same manner
as genera! City taxes, be subject to the same interest and
penalties, and be subject to ~he same procedure and sale in case of
delinquency. All laws and ordinances applicable to the levy,
collection, and enforcement of City taxes are hereby made
applicable to this special assessment.
980720 syn 0043454-"
SECTION 4. The City Council, by adoption of the aforesaid
Resolution No. 7718, adopted a Negative Declaration for this
project. No further environmental assessment is required.
INTRODUCED AND PASSED:
~YES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of
Administrative Services
Fire Chief
980720 syn 0043454 ¯
2