HomeMy WebLinkAbout2000-07-31 City Council (13)13
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:FIRE
DATE:JULY 31, 2000 CMR:273:00
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 contract for weed
abatement within the City of Palo Alto, in accordance with an agreement between the City
and County.
On November 8, 1999, 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 13, 1999, 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 1999 that weeds were to be abated by March 1, 2000, 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. They have been since informed by the County 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.
CMR 273:00 Page 1 of2
DISCUSSION
Property owners may object to the ~harges for weed abatement being levied against their
properties. The charge consists of the contractor’s cost plus 130 percent administrative
charges, in accordance with Palo Alto’s contract with Santa Clara County (CMR 390:98,
October 5, 1998).
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 tobe 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 November 8, 1999 (CMR 404:99)
showing that no significant environmental effects will result from the weed abatement
program.
ATTACHMENTS
Resolution
2000 Weed Abatement Assessments by the County of Santa Clara
Prepared by: Dan Heiser, Fire Marshal
Department Head Review:
City Manager Approval:
HARRISON
Assistant City Manager
CMR 273:00 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 growing on certain~_~gperties within
the City to be a public nuisance by Resoldtion No. 7899, dated
November 8, 1999; and
WHEREAS, the Council on December 14, 1999, did adopt
Resolution No. 7916 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 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 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 2000-01 tax roll against the parcels of
land and shall be collected at the same time and in the same
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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.
SECTION 4. The City Council, by adoption of the
aforesaid Resolution No. 7899, adopted a Negative Declaration for
this project. No further environmental assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk.
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of
Administrative Services
Fire Chief
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