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HomeMy WebLinkAbout1997-07-28 City Council (15)City of Palo Alto Manager’s Report 5 TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT:FIRE AGENDA DATE:July 28, 1997 CMR: 340:97 SUBJECT:PUBLIC HEARING: WEED ABATEMENT CHARGES REQUEST 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. RECOMMENDATIONS Staffrecommends that Council confirm the assessments to be made for weed abatement by adopting the attached Resolution. POLICY IMPLICATIONS This procedure is consistent with existing City policies. EXECUTIVE SUMMARY ~=~ ....~ .....- 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 18, 1996, 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 16, 1996, for the 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 1996 that weeds were to be abated by March 1, 1997, 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 CMR:340:97 Page 1 of 2 as an assessment by the County Assessor. They have 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. ’ 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. FISCAL IMPACT There is no direct fiscal impact to the City. ATTACHMENTS Resolution 1997 Weed Abatement Assessments by the Countyof Santa Clara Prepared by: Nick Marinaro, Acting Fire Marshal Department Head Review: Fire City Manager Approval: E~IILY --~ Assistant City Manager CMR:340:97 Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE COUNCILOF THE CITY OF PALO ALTO CONFIRMING WEED ABATEMENTREPORT A!~D 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. 7633, dated November 18, 1996; and WHEREAS, the Council on December 16, 1996, did adopt Resolution No. 7642 thereby ordering the weed nuisance abated; and WHEREAS, subsequent to the giving of said notice, the Fire Chief, through his Administrator, 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 1997-98 tax roll against the parcels of land and shall be collected at the same time and in the same manner as general City taxes, be subject to the same interest and penalties, and be subject to the 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. 970714 syn 0043090 1 SECTION 4. The City Council, by adoption of the aforesaid Resolution No. 7633, adopted a Negative Declaration for this project. No further environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Acting Director of Administrative Services Fire Chief 970714 syn 0043090 2 7117197 ALTO S11%20 6~ I~UkYBI~LL AV 137.27-030 $112~0 AR~ZAD~O RD 1 ~.eo " " W~eW~ "~o.a.ou ,12~11~ OtMINO RBA~14F,4g.4~7 ~I.2.20 MONRON DR 147.45-1~ $168~0 " " ’41~ OLD TRACE R~17~-20-0~2 T#~ ROL~. AI~" TOTAl.