HomeMy WebLinkAbout0400.093•
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21
AUg'I..lst 5. 13
THE HONORABLE CITY COUNCIL
PaJ.o Alto, California
Publ19 Hearing: Weed AA.atgent Charges:
Members of the Council:
Repo:-t in Brief
The purp.:Jse of this public hearing is to recei~ ... e objections from affected
property owners of proposed a~seS9ments related to completed ~~ed
abatement work.
~he Fire Marshal's Office for Santa Clara County admi~isters the contract
for weed abatement within the City of Palo Alto, in accocd3nce with an
agreement betweAn the City and CC-:UJlty.
On November 2. 1992. 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 14,
1992, for the objections to the proposed destruction or removal of the
weeds.
Once the above steps had been taken, the Count}'~ Fire Marshal's Office
iustructed its contractor to abat.e weeds on City and private properties
within Palo Alto~ That work has ~ow been completed. Property owners
'oIIere notified the first .... eek in November 1992 that weeds were to be
abated by March 11 1993~ either by the owners, or by the County. If the
p~ope.rty owr ... ers chose t.o have the County abate t.he 'Weeds. the abatement
charges 'Were levied against the respective properties as CL"'1 assessment by
the County Assessor. Those not abating th~ weeds ~ere 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 r s
Office has been posted in the COll.'1cil Chambers for ten days prior to this
hearing.
Current Action Required
Property owne~-s may object to the charges for ..... eed abat.ement being levied
CMR 400,93
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against their prope.r:-ties. The charge consists of the contractor's cost
plue 65 percent administrative charges~ in accordance with Palo Alto's
contract w':th Santa Clara County.
The county Fire Marshal's Office will be presant at the public hearing,
with the records of weed abatement that has 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
reca1.culations are completed, the aSBessment .... il1 be submitted to the
County Assessor fo::: en!:ry on r,he next taJe: roll upon which general City
taxes are to be collected.
RecomateD.dation
Staff recommends that Council confi~ the assessments completed tor weed
abatement by adopting the attached Resolution.
P1re Chief
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PHILIP CONST INO
Pl.re llarllha
I'
Attachment: Resolution
Assessment Rolls
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THECITY OF PALO ALTO
CONFIIt:'IING WEED ABATEMENT REPORT AND ORDERING COST
OF ABATEMBNT TO BE A SPECIAL ASSESSMENT OF
THE RESPECTIVE PROPBRTIES HEREIN LBSCRIBBD
~. the Council of the City of Pale Alto has
heretofore declared weeds gro.ing on certain p~operties wit~in the
City to be a public nuisance by Resolution No. 7152. d&ted November
_2~ 1392; and
WHEREAS, t.he Council on December 14. 1992~ did adopt
Reso 1.ution No. 7164 thereby ordering the .... eed nuisa.nce abated; and
WHEREAS, subsequent to the gi-"..-iug of said notice. the Fire
Cbief, t~rou9h his Administrator. tr..e Santa Clara county Fixe
~~rshal's Office, has caus~d to be abated the weeds on the herein
described properties; and
WHEREAS. the FiI:e Chief. t.r-.rough his Administrator. the
Santa Clara County Fire ~arshal's Office~ has filed his report anc
assessment list for weed abatetnent as provio.ed by law and a hearins
has been duly set and not1ced~ for objections to said report and
asseS$ment list and for confirmation; and
WRERBAS. the Council has duly cans idered the report and
assessment list ~nd any objections thereto;
NOW, THEREFORB~ the City Council of the City of Pale Alto
does hereby RESOLVE as follows!
SECTION 1~ The report and a5seS9~nt list is in all
respects complete and correct and is hereby confinned~ The amounts
of the cost for abat:i:.~g t.h~ nuisance are confirmed and those
reIr.aining unpaid, as shown ~n 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.
SBCTION~. All ~T!tten or o~dl protests or objections to
said repo1.t and assessment list are: overruled or denied.
SECTiQ~~ The unpaid assessments shown on Exhibit ·A~
shall be eDtered upcn the 1993~94 tax roll against the paxcels 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 eubject to the same procedure and sale in case of
deli.'1quency~ All laws and ordinances applicable to the levy~
collection, ".,d enforcement of City taxes are hereby made
applicablE to t11i9 special assessment.
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SBCTION 4. The City Council, by adoption of the aforesaid
Resolution No. 7152, adopted a Negative Declara:ion for this
project. No further environmental assessment is re1Uired.
AYES,
NOES:
ABSENT:
-ABSTENTIONS,
ATTEST:
City Clerk
APPROVED AS TO PORM:
Senior Assistant City Attorney
~Iuocrnnt.
APPROVED:
Mayor
Director of Finance
Fire Chfi~eFf----------------
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