HomeMy WebLinkAboutStaff Report 308-07CRy
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: FIRE
DATE:AUGUST 6, 2007 CMR:308:07
SUBJECT:PUBLIC HEA~NG TO CONFIRM WEED ABATEMENT
REPORT AND ADOPT A RESOLUTION TO APPROVE AND/OR
MODIFY ASSESSMENTS FOR WEED ABATEMENT
RECOMMENDATION
Staff recommends Council hear and consider objections from affected property ov~ners of
proposed assessments related to completed weed abatement work and adopt the attached
resolution to approve and/or modify the assessments for weed abatement.
BACKGROUND
The Weed Abatement Division of Santa Clara County Agriculture and Envirormaental
Management administers the contract for weed abatement within the City of Palo Alto, in
accordance with an a~eement between the City and County.
On December 11, 2006, in accordance with Chapter 8.08 of the Palo Alto Municipal Code, the
City Comacil declared weeds to be a nuisance and ordered that the nuisance be abated. A public
hearing was held on January 16, 2007, to consider objections to the proposed destruction or
removal of the weeds. Once the above steps had been taken, the County Weed Abatement
Division 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 December
2006 that weeds were to be abated by March 2, 2007, 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 an assessment by the County Assessor. The County
has since informed the property owners of the costs for destroying and removing the weeds.
The Fire Department has published the required notice of this hearing in the Palo Alto Weekly.
The cost report by the County Weed Abatement Division has been posted on the Downtown
Library bulletin board for ten days prior to this hearing.
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 150 percent administrative charges,
in accordance with Palo Alto’s contract with Santa Clara County (CMR 357:00, September 18,
2000).
CMR 308:07 Page 1 of 2
A representative from the County Weed Abatement Division 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
made as necessary. After any recalculations are completed, and Counci! adopts the attached
resolution confirming the abatements and ordering those costs to be imposed as liens on the
abated properties, the assessments 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 fisc!l impact to the City.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL REVIEW
The Santa Clara County Counsel has determined the Weed Abatement Progam
Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
to be
ATTACHMENTS
Resolution
2007 Weed Abatement Assessments by the County of Santa Clara
Fire Marshal
Department Head Review:
City Manager Approval:
N~-ICHOLAS MARINARO
Fire Chief
EMILY HARR2SON
Assistant City Manager
CMR 308:07 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF 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
~owing on certain properties within the City to be a public nuisance by Resolution No. 8676,
dated December 11,2006; and
WHEREAS, the Council on January 16, 2007, did adopt Resolution No. 8686
thereby ordering the weed nuisance abated; and
WHEREAS, subsequent to the giving of said notice, the Fire Chief, through his
Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture
and Environmental Management, has caused to be abated the weeds on the herein described
properties; and
WHEREAS, the Fire Chief, through his Administrator, the Weed Abatement
Division of Santa Clara County Department of A~iculture and Environmental Management, 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 1. 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 2007-2008 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. Santa Clara Count3, has detem~ined the weed abatement program to be
categorically exempt from CEQA pursuant to CEQA Guidelines Section 15308.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
AB S TEN TION S:
ATTEST:
Ci~; Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
DepuD,. City Attorney City Manager
Director of Administrative Services
Fire Chief
070723 cjs 8260516 2
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