HomeMy WebLinkAboutStaff Report 3943
City of Palo Alto (ID # 3943)
City Council Staff Report
Report Type: Action Agenda Meeting Date: 8/5/2013
City of Palo Alto Page 1
Summary Title: Weed Abatement Property Owner Special Assessment
Title: PUBLIC HEARING: Adoption of a Resolution Confirming Weed
Abatement Report and Ordering Cost of Abatement to be a Special
Assessment on the Respective Properties Described Therein
From: City Manager
Lead Department: Fire
Recommendation
Staff recommends Council (1) hold a public hearing to hear and consider objections from
affected property owners of proposed assessments related to completed weed abatement
work and (2) adopt the attached resolution confirming the report and ordering abatement costs
to be a special assessment on the properties specified in the report.
Background
The Weed Abatement Division of Santa Clara County Agriculture and Environmental
Management administers the contract for weed abatement within the City of Palo Alto, in
accordance with an agreement established on April 18, 1977 between the City and County.
On December 10, 2012, 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 14, 2013, to consider objections to the proposed
destruction or removal of the weeds. No objections were noted. 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 third week in December 2012 that weeds were to be abated by April
30, 2013, 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.
City of Palo Alto Page 2
The City Clerk 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 City Hall Plaza
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).
A representative from the County Weed Abatement Division 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 made as necessary. After any recalculations are completed, and
Council 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 October tax roll upon which general City taxes are to be collected.
RESOURCE IMPACT
There is no direct fiscal impact of this action to the City. The assessments identified on
Attachment B, totaling $8,101, will be imposed as liens on the properties listed and will not be
borne by the City.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL ASSESSMENT
The Santa Clara County Counsel has determined the Weed Abatement Program to be
Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
Attachments:
ATTACHMENT A - Weed Abatement Assessment Resolution (PDF)
ATTACHMENT B - Weed Abatement Final Property Assesment List 2013 (PDF)
** NOT YET APPROVED **
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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 on the Respective Properties
Described Therein
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. 9303,
dated December 10, 2012; and
WHEREAS, the Council on January 14, 2013, did adopt Resolution No. 9317
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 Agriculture 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 2013-2014 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.
** NOT YET APPROVED **
130718 sh 8261911 2
SECTION 4. Santa Clara County has determined the weed abatement program to be
categorically exempt from CEQA pursuant to CEQA Guidelines Section 15308.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ___________________________
Senior Deputy City Attorney City Manager
___________________________
Director of Administrative Services
___________________________
Fire Chief