HomeMy WebLinkAbout1996-08-05 City Council (43)Manager’s Repor
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:FIRE
AGENDA DATE:AUGUST 5, 1996 CMR: 337:96
SUBJECT:Public Hearing: Weed Abatement Charges
REQUEST
To receive objections from affected property owners of proposed assessments related to completed
weed abatement work.
RECOMMENDATIONS
Staff recommends that Council confirm the assessments completed 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 13, 1995, 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 4, 1995, 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 1995 that weeds were to be abated by
March 1, 1996, either by the owners, or by the County. If the property owners chose to have the
CMR:337:96 Page 1 of 2
County abate the weeds, the abatement charges were levied against the respective properties as an
assessment by the County Assessor. Those not abating the weeds were 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 65 percent administrative cha!:ges, in accordance with
Palo Alto’s contract with Santa Clara County.
A representative from the County Fire Marshal’s Office will be present at the public hearing, with the
records of weed abatement 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.
FISC,4L IMPACT
There is no direct fiscal impact to the City.
ATTACHMENTS
Resolution
1996 Weed Abatement Assessments by the County of Santa Clara
Prepared by: Nick Marinaro, Acting Fire Marshal
Department Head Review:
Fire Chief
City Manager Approval~
Agsistant CM~y Manager
CMR:337:96 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CfTY OF PALO ALTO
CONFIRMING WEEDABATEMENTREPORT 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. 7551, dated
November 13, 1995; and
WHEREAS, the Council on December 4, 1995, did adopt
Resolution No. 7558 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 1996-97 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..
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SECTION 4. The City Council, by adoption of the aforesaid
Resolution No. 7551, 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:
Mayor
Senior Asst. City Attorney
APPROVED:
City Manager
Deputy City Manager
Administrative Services
Fire Chief
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