HomeMy WebLinkAbout2003-08-04 City Council (19)Manager’s Repor
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TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: FIRE
DATE:
SUBJECT:
AUGUST 4, 2003 CMR: 287:03
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 contract for weed
abatement within the City of Palo Alto, in accordance with an a~eement between the
City and County.
On December 9, 2002, 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 January 13, 2003, 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 2002 that weeds were to be abated March 2, 2003,
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
CMR 287:03 Page 1 of 2
charges, in accordance with Palo Atto’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 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 REVIEW
A negative declaration for the project was prepared on December 9, 2002 (CMR 445:02)
showing that no significant environmental effects will result from the weed abatement
program.
ATTACHMENTS
Resolution
2003 Weed Abatement Assessments by the County of Santa Clara
Prepared by:
DEBRA PRYOR
Deputy Chief/Fire Marshal
Department Head Review:
City Manager Approval:
~--’1~ L~ ~IAR~SON
Assistant City Manager
CMR 287:03 Page 2 of 2
RESOLUTION NO.
RESOLUT!ON 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 Counci! 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. 8236, dated
December 9, 2002; and
~EREAS, the Counci! on January 13, 2003, did adopt
Resolution No. 8261 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
~HEREAS, 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 Counci! of the City of Ba!o
Alto does hereby RESOLVE as fol!ows:
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 sho<,~ on Exhibit "A" attached hereto
and incorporated herein, shal! constitute special assessments
against the respective parcels of land and are a lien on the
property for the amount of the respective assessment.
SECT!ON 2. Al! written or oral protests or objections
to said report and assessment list are overruled or denied.
SECT!ON 3. The unpaid assessments shov~ on Exhibit "A~
shal! be entered upon the 2003-2004 tax roll against the parcels
of land and shall be collected at the same time and in the same
manner as genera! City taxes, be subject to the same interest
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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.
SECTION 4. The City Counci!,by adoption of the
aforesaid Resolution No.
for this project. No
required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
8236, adopted a Negative Declaration
further envirop~ental assessment is
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of
Administrative Services
Fire Chief
030513 ci 0044330 2
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