HomeMy WebLinkAbout2004-07-19 City Council9City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:FIRE
DATE:JULY 19, 2004 CMR: 319:04
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 approve and/or
modify the assessments for weed abatement.
BACKGROUND
The Fire Marshal’s Office for Santa Clara County administers the conta-act for weed
abatement within the City of Palo Alto, in accordance with an a~eement beVween the
City and County.
On December 15, 2003, in accordance with Chapter 8.08 of the Palo Alto Municipal
Code, the City Council declared weeds to be a nuisance and ordered that the nuisance be
abated. A public hearing was held on February 2, 2004, 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 December _00.~ that weeds were to be abated March 2, 2004.
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 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.
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
319:04 Page 1 of 2
charges, in accordance with Palo Alto’s contract with Santa Clara (CMR 357:00,
September 18, 2000).
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 wilt 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.
ENWIRONMENTAL REVIEW
A negative declaration for the project was prepared on December 15, _00.~ (CMR
528:03) showing that no sig-nificant environmental effects will result from the weed
abatement pro~am.
ATTACHMENTS
Resolution
2004 Weed Abatement Assessments by the County of Santa Clara
Prepared by:
NICHOLAS MARINARO
Deputy Chief/Fire Marshal
Department Head Review:
Fire Chief /
City Manager Approval:
HARRISON .....
Assistant City Manager
CM_R 319:04 Page 2 of 2
e**NOT YET APPROVED***
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
~EREAS, 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. 8383, dated
December 15, 2003; and
[~IEREAS, the Council on February 2, 2004, did adopt
Resolution No. 8398 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
_Pire Marshal’s Of=’~ce, has caused to be abated the weeds on the
herein described properties; and
~6EREAS, 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
~EREAS, the Counci! has duly considered the report and
assessment list and any objections thereto;
NOW, THEREFORE, the C_uy Counci! 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 sho~ on Exhibit
shall be entered upon the 2004-2@05 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 b~ subject to the same procedure and sale in
040609 cl 0’044396 1
*e’NOT YET APPROVED***
case of delin_c!uency. Al! laws and ordinances applicable to the
le~, collection, and enforcement of City taxes are hereby made
applicable to this specia! assessment.
SECTION 4. The City Council, by adoption of the
aforesaid Resolution No. 8383, adopted a Negative Declaration
for this project. No further environmental assessment is
required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
~STENTiONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of
Administrative Services
Fire Chief
040609 cl 0044396 2
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