HomeMy WebLinkAbout75C - PH WEED ABATEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 16, 2007
TITLE:
PUBLIC HEARING - WEED
ABATEMENT PUBLIC NUISANCE
REPORT FISCAL YEAR 2006-2007
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~~ Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
RECOMMENDED ACTION
FILE NUMBER
Adopt a resolution affirming the fiscal year 2006-2007 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 $21,804.00
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, 2007.
75C-1
Weed Abatement Public Nuisance Report
Fiscal Year 2006-2007
July 16, 2007
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).
APPROVED AS TO FUNDS AND ACCOUNTS:
mes G. Ross -"-"~~ ~'
L~rancisco Gutierrez
Executi Director 7/ Executive Director
Public rks Agency Finance & Mgmt. Services Agency /W-
~L
JR/JT/6-2 L O9/PUplicHeazingweedAba[ement
75C-2
lar:7/09/07
RESOLUTION NO. 2007-xxx
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 16th day of July, 2007, at the hour of 6:00 p.m. was fixed as the time,
and 22 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, 2007.
Section 4. The County Auditor is requested to enter the assessments on the county tax
Resolution No. 2007-XXX
Page 1 of 5
75C-3
rolls.
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 2007-2008
property tax roll have been duly adopted in accordance with State law and are legally valid.
ADOPTED this day of 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura A. Rossini
Deputy City Attorney
AYES: Councilmembers
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.2007-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. 2007-XXX
Page 2 of 5
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Jurisdiction Santa
B2
Type of Tax gg
AC62LO5A - FORM
Resolution No. 2007-XXX
Page 3 of 5
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Special Assessment Add Transactions Date August 10, 2007
Santa Ana
Resolution No. 2007-XXX
Page 4 of 5
AC62LOSA -FORM B2
Type of Tax Bg
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Special Assessment Add Transactions Date August 10, 2007
Jurisdiction
Santa Ana
Type of Tax gg
AC62LO5A -FORM B2
Resolution No. 2007-XXX
Page 5 of 5
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Special Assessment Add Transactions Date August 10, 2006
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