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HomeMy WebLinkAbout2002-07-22 City Council (11)TO:. ¯ .City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: FIRE DATE: SUBJECT: JULY 22, 2002 PUBLIC HEARING: CMR: 317:02 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 agreement between the City and County. On November 13, 2001, 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 10, 2001, 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 November 2001 that weeds were to be abated March 2, 2002, 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 !evied 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 317:02 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 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 REVIE.W A negative declaration for the project was prepared on November 13, 2001 (CMR 370:01) showing that no significant environmental effects will result from the weed abatement program. ATTACHMENTS Resolution 2002 Weed Abatement Assessments by the County of Santa Clara Acting Fire Marshal Department Head Review:_ RUBEN GRIJ~ALVA Fire Chief City Manager Approval:v ’.EMILY HARRISON Assistant City Manager CMR 317:02 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 Attachment 1 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. 8110, dated November 13, .2001; and WHEREAS, the Council on December i0, 2001, did adopt Resolution No. 8102 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 dulyset 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 2002-2003 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 010701 c10044169 1 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 Council, by adoption of the aforesaid Resolution No.’ 8110, adopted a Negative Declaration for this project. No further environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT : ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager Director of Administrative Services Fire Chief 010701 c10044169 2 Attachment 2 Exhibit "A"