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August 2. 1990
THE HONORABLE CITY COUNCIL
Palo Alto, California
PUILIC HEARING; WElD ABATEMENT [KARGES
Members of the Council:
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The purpose of tbis public hearing is to receive objections from affected
property o .. ners of proposed assessments related to completed weed
abatement 'IIork.
BACKCROUND
The fire Mars~al's Office for Santa Clara County administers the 'IIeed
abatemeot program 'IIithin the City of Palo Alto. in accordance 'IIith an
agreement between the City and County.
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On December 18. 1989. i~ accordance with Chapter 8.08 of the Palo Alto
Municipal Code. City Council declared weeds to be a nuisance and ordered t~at the nuisance be abated. A Public Hearing was beld on January 8. '"," 19~~. for the objections to the proposed destruction or removal of the
'IIeeds.
Once the abcve steps bad been taken. the County fi re Mars~al's Office
instructed its contractor to abate 'IIeeds on City and private properties
within Palo Alto. nat work has now been completed. Property Owners had
been notified that 'IIeeds were to be abated. either by the o .. ners, or by
the County. Those not abating the weeds .. ere since informed by the
County of the costs for destroying and removing the weeds. The property
c'IIners were given the op'portunity to pay the c~arges. with the
alternative of ha.ing the c~alges le.ied against the respectiwe
properties as an assessment by the County Assessor.
The fire Department has published the neceSSJry notice of this hearing im
the Palo Alto 'leeki)'. The cost report by the County Fire Mars~al's
Office ~as been posted in the Council Chambers for ten days prior to this
hearinll.
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CU •• £NT ACTION REQUIRED
Property owners may object to the c~arges for weed abatement being levied
agaInst their properties. T~e c~arge consists of the contractor's cost
plus 65 percent administrative charges, in accordance with Palo Alto's
contract ~ith Santa Clara County.
The County fIre Marshal's Office ~ill be present at the public hearing,
with the records of weed abatement that has taken place. Should there by
any ~odifications in the proposed assessments as a result of the hearing,
c~anges in the assessment spread ~i 11 be necessary. After these
recalculations are completed, the assessment ~ill be submitted to the
County Assessor for entry on the next tax roll upon ~hich general City
taxes are to be collected.
ENVIROHM£NTAL REVIEW
The Council approved a Negative Oeclaratio,n with respect to the Weed
Abatement Program. As this is the final administrative step im the
program, no f~rther en.ironmental re.iew is necessary.
RECOMMENDATION
Staff recommends that Council confirm the assessments comp1eted for weed
abatement by adoptin9 the attached Resol~tion.
Respectf~lly submitted,
6!L# t:.d..:L
PHIlIP CONSTANTINO
FUE MARSIlAL!
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JuNE FLE"HIG '
ASSISTAfjT CITV ~R
Attachment: Resol"tion
Assessment Rolls
CMR 394:0
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL or THE CU'Y OF PAIn ALTO
CONFIRMING WEED AaATEMEIIT REPORT ANI) ORDERING COST
OF ABATEMENT TO BE A SPECIAL ASSESSMENT OF THE
RESPECTIVE PROPERTIES HEREIN DESCRIBED
WHEREAS, the council of the City ot Palo Alto has hereto
fore declared weeds qrovinq on certain properties within the City
to be a public nuisance by Resolution No. 6842, dated December 18,
1989; and
WHEJU:AS, the council on January S, 1990, did adopt
Resolution No. 6851 thereby ordering the weed nuisance abated; and
WHEREAS .. subseque.nt t.o the giving of said notice, the .Fire
Chief ... throuqh his Administrator, the Santa clare:. 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, t'he
santa clara county Fire Xarsha}'s Office, has tiled his report and
assessment list for weed abatement as provided by law and a hearing
has been duly set and notice~, tor Objections to said report and
assessment list and for ooofirmation_ and
WHEREAS, the Council has d·uly considered the ;roeport and
assessment list and any Objections thereto;
NOW, THEREFORE, the council o-t the C.ity of Palo Alto does
RESOLVE as .toll OWS:
SECTrON 1. The report and assessment list. is in all
respects co-mp12te. and c.orrect. and is hereby confirmed. The amounts
of the cost. for abating the nuisance are confirmed and those
remaining unpaid, as shown 0:1 Exhibit -A-attached bereto and
incorporated he~ein, shall constitute special assessments against
the respective parcels of land 80M 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
sh~ll be entered upon the 1990-91 tax roll against the parcels of
land and shall be collected at the same time and in the &ame manner
as general City taxes, be subject to the same interest and
penaltIes, and be subject to the same proced·ure and sale in case of
delinquency. All laws and ordine:nces applicable to the levy,
collection, and enforcement of City taxes are hereby made applica
ble to this spe~ial assessment.
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SECTION 4. The Council of the city of Palo Alto finds that
this project illS exempt froll tbe provisions of the California
Environmental Quality Act.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
City Manager
APPROVED AS TO FORM:
Fire Chief
Senior Asst. city Attorney
S'olC7/17/90bdc
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