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Home My WebLink About75C - PH - WEED ABATEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2012 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FOR FISCAL YEAR 2011-2012 CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2011-2012 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 abatement contractor. When posting a property a second time within 12 months for the same violation, the City assesses a posting charge. Each year the City finds it necessary to seek legal recourse to recover the uncollected costs of posting violations and cleaning various parcels throughout the City. This year there is $36,058 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 1). The most effective method of collection has been to submit these charges to the Office of the Orange County Auditor-Controller. The fees are included in the property tax rolls and, if in default, are payable when the property changes ownership. These charges must be filed with the County prior to August 10, 2012, if they are to be included on the next property tax roll. FISCAL IMPACT After Council affirmation of the Fiscal Year 2011-2012 Weed Abatement Program Report, 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. 06817002-53710). APPROVED AS TO FUNDS AND ACCOUNTS 4 V_ - 49 rzZ2 <;Ipr ? Raul God ez II Francisco 6tiri-errez Executive irector Executive Director Public Wo ks Agency Finance & Mgmt. Services Agency Exhibit 1: Resolution 75C-1 75C-2 RESOLUTION NO. 2012-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA 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, a copy of which is on file with the Clerk of the Council and which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which sets forth 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 the Public Works Agency has given notice as required by law, that the 2nd day of July, 2012, at the hour of 5:45 p.m. is 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 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, 2012. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. 75C-3 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 2012-2013 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this APPROVED AS TO FORM: Sonia Carvalho City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: NOES: day of Miguel A. Pulido Mayor Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2012. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2012-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 75C-4 EXHIBIT 1 CITY OF SANTA ANA FISCAL YEAR 2011-2012 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana Type of Tax: B8 AC621-05A - FORM B2 Special Assessment Add Date: Transactions August 2012 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT'- AMOUNT 16-23'. 001-043-03 58 013-192-14 58 001-062-01 58 013-245-12 58 001-243-04 58 014-221-01 58 001-244-24 7808 015-042-08 485 001-275-07 116 099-212-17 58 001-302-11 58 100-242-04 58 002-035-10 58 100-242-10 116 002-104-02 58 101-561-26 58 002-242-19 967 108-131-26 3753 003-120-44 58 108-576-06 58 003-152-20 445 109-063-01 58 003-152-35 58 109-731-01 58 003-153-57 58 198-081-28 58 003-211-37 517 198-241-41 58 004-020-22 519 198-261-12 116 004-113-05 58 198-281-26 116 007-161-04 58 396-282-22 569 007-264-01 58 398-028-17 843 008-091-08 939 398-101-03 116 008-144-02 1106 398-193-10 2096 008-232-32 58 398-281-09 5g 010-011-01 58 398-313-10 1071 010-053-39 58 398-371-01 980 010-061-12 58 398-381-02 58 010-064-10 58 398-382-01 58 010-065-18 58 398-421-24 58 010-170-01 58 398-163-05 116 011-132-05 532 398-471-07 1861 011-251-17 116 398-481-12 1102 011-251-18 116 398-535-08 58 011-251-19 011-251-20 116 116 399-031-22 399-072-17 58 3070 013-013-12 58 399-091-20 58 013-013-23 58 399-091-21 116 013-023-22 58 399-021-22 58 75C-5 Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A - FORM B2 Special Assessment Add Date: Transactions August 2012 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 400-081-08 116 403-144-09 58 405-065-06 58 405-174-01 116 405-213-12 58 408-412-03 58 410-381-06 58 411-081-30 58 412-271-37 58 75C-6 Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A - FORM B2 Special Assessment Add Transactions Date: August 2012 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 TAX RATE AREA 11-054 UTILITY UNION PACIFIC AMOUNT $1917 DESCRIPTION WEED ABATEMENT SBE843-30-142-3 1917 TAX RATE AREA 11-054 UTILITY Southern California Edison AMOUNT $58 DESCRIPTION WEED ABATEMENT SBE148-30-69-4 58 TAX RATE AREA 11-054 UTILITY Burlington Northern AMOUNT $1128 DESCRIPTION WEED ABATEMENT SBE804-30-11 B-1 1128 75C-7 75C-8