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Home My WebLink About75B - WEED ABATEMENT REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 17, 2006 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1'1 Reading D Ordinance on 2"' Reading D Implementing Resolution D Set Public Hearing For PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2005-2006 /(2a ~ CITY MAtltf2 L/ RECOMMENDED ACTION CONTINUED TO FILE NUMBER Adopt a resolution affirming the fiscal year 2005-2006 Weed Abatement Program Report and authorize the transmittal of uncollected weed abatement charges and postings to the Office of Auditor-Controller, County of Orange. DISCUSSION The Public Works Agency operates a year round program to maintain private properties free of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions. Property owners have ten days to abate the conditions or the City will perform the work through its contractor. When posting a property a second time within twelve months for the same violation, the City assesses a posting charge. The property owner is notified of such outstanding charges every 30 days until the charges are paid. Each year the City finds it necessary to seek legal recourse in order to recover the uncollected costs of posting violations and cleaning various parcels throughout the City (Exhibit 1). This year there are $38,207 in outstanding charges for parcels cleaned by the City contractor and posted by city crews (Exhibit 2). The most effective method of collection has been to submit these charges to the Office of the County Auditor- Controller. The fees are included in the property tax rolls and if in default, are payable when the property changes ownership. The County's deadline for inclusion is August 10, 2006. 758-1 Weed Abatement Public Nuisance Report Fiscal Year 2005-2006 July 17, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor-Controller, County of Orange for collection. The revenues collected will be deposited into the City's Sanitation Fund (account no. 68-01-5415). r , I APPROVED AS TO FUNDS AND ACCOUNTS: Ross Director rks Agency '1-(\<'<.",~. "...'\ \\:~. , Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ,:1 (\'I JR/JT/6-21-04/PublicHearingWeedAbatement 758-2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which shows the costs of the public nuisance; and the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of Public Works Agency has given notice as required by law, in which the 17th day of July, 2006, at the hour of 6:05 p.m. was fixed as the time, and 60 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1, is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2006. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. 758-3 Resolution No. 2006-xxx Page 1 of 5 Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2006-2007 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura A. Rossini Deputy City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-xxx Page 2 of 5 758-4 EXHIBIT 1 Jurisdiction: Santa Ana Type of Tax: AC62L05A - FORM 82 Special Assessment Add Date: Transactions B8 August 10,2006 001-042-11 35 013-023-21 545 002-061-06 35 015-083-07 35 002-152-06 685 015-101-11 515 003-142-22 35 015-135-07 35 004-044-52 70 015-221-21 787 004-182-15 35 016-211-22 35 005-143-18 70 100-182-02 35 007-051-12 70 100-242-09 35 007-191-08 35 100-242-10 105 007-191-24 70 101-052-15 35 007-192-02 70 101-152-15 35 007-192-11 70 101-581-08 35 007-192-12 70 108-131-26 70 007-192-13 105 108-382-18 35 007-192-23 70 144-351-01 70 007-311-07 35 144-372-01 35 007-331-18 35 198-103-08 35 008-091-08 35 198-171-50 35 008-144-02 445 198-241-38 35 008-224-06 35 390-171-03 70 008-224-17 35 396-065-11 35 008-224-20 35 396-091-05 35 008-241-41 370 396-172-18 35 008-242-01 70 396-302-01 70 010-182-52 927 398-051-21 404 010-295-13 1064 398-084-06 1961 011-061-58 35 398-092-04 35 011-154-10 559 398-121-06 35 011-251-17 105 398-126-09 35 011-251-18 105 398-141-11 35 011-251-19 105 398-142-23 35 011-251-20 105 398-161-10 35 011-251-38 70 398-311-08 35 011-251-39 70 398-313-10 1711 758-5 Resolution No. 2006-xxx Page 3 of 5 Jurisdiction: Santa Ana Type of Tax: 88 AC62L05A - FORM 82 Special Assessment Add Transactions Date: August 10, 2006 398-333-01 398-392-15 398-471-07 398-481-12 398-512-06 398-535-08 399-111-09 400-233-12 405-012-02 405-065-26 405-161-31 405-163-13 405-252-22 405-321-03 405-321-05 405-321-08 405-321-09 407-107-24 408-152-23 408-261-56 408-423-07 408-423-14 408-471.14 415-021-10 Resolution No. 2006-xxx Page 4 of 5 405 372 35 1055 35 70 35 70 70 35 377 35 975 35 35 35 35 70 35 35 35 35 35 35 758-6 Jurisdiction: Santa Ana Type of Tax: B8 AC62L05A - FORM 82 Special Assessment Add Transactions Date: August 10,2006 UTILITY UNION PACIFIC AMOUNT $21,070 DESCRIPTION WEED ABATEMENT SSE 843-30-13F POR 17 SSE 843-30-13H POR-22 SSE 843-30-134-POR-1 SSE 843-30-135 POR 2 SSE 843-30-135-3 SSE 843-30-135-4 SSE 843-30-136-1 SSE 843-30-139-2 SSE 843-30-140-POR 2 SSE 843-30-140-POR-3 SSE 843-30-141-POR1 SSE 843-30-141-POR2 SSE 843-30-141-POR3 SSE 843-30-142-POR.3 35 35 35 1861 4567 1595 2136 3803 2315 936 2351 698 668 35 758-7 Resolution No. 2006-xxx Page 5 of 5 758-8