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Home My WebLink About75C - PH - WEED ABATEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2012-2013 TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2012-2013 Weed Abatement Program Report, and authorize the transmittal of uncollected weed abatement and posting charges to the Office of the Orange County Auditor-Controller. DISCUSSION The above recommended action is intended to initiate the legal process for collecting unpaid weed abatement and posting fees. These fees, when included in the property tax rolls, are payable with annual property taxes or when the property changes ownership. 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 and are provided a seven-day notice to clean premises. If not cleaned by the seventh day, a notice of abatement is posted and mailed indicating that the City will perform the abatement work through its contractor after 10 days. When posting a property a second time within 12 months for the same violation, the City assesses a posting charge. The property owner is notified of such charges and provided opportunity to submit payment. 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. This year, there is $26,916.67 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 to be included in the property tax rolls. The County's deadline for inclusion is August 10, 2013. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75C-1 Weed Abatement Public Nuisance Report FY 2012-2013 July 1, 2013 Page 2 of 2 FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Orange County Auditor-Controller for collection. The revenues collected will be deposited into the City's Sanitation Fund (Account No. 06817002-53710). The cost to the City to include these types of special assessment amounts to a minor administrative fee. APPROVED AS TO FUNDS AND ACCOUNTS: Al Raul Godinez II, Francisco Gutierrez Executive Director Executive Director 1 ` Public Works Agency Finance & Management Services Agency RG/PG Exhibit: 1. Resolution 75C-2 Exhibit 1 RESOLUTION NO. 2013-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 1St day of July, 2013, 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. Iss6/4/13 75C-3 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, 2013. 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. 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 2013-2014 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of , 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Iss6/4/13 75C-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2013-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 Iss6/4/13 75C-5 EXHIBIT 1 CITY OF SANTA ANA FISCAL YEAR 2012-2013 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana AC621-05A - FORM B2 Type of Tax: B8 Special Assessment Add Transactions Date: August 2013 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 001-275-07 697 398-193-10 594.16 002-261-06 58 398-291-08 59.58 003-120-44 117.58 398-441-31 59.58 007-052-16 58 398-471-07 1662.58 007-264-12 59.58 398-481-12 1689.16 008-091-08 986 398-484-11 59.58 008-142-27 59.58 398-522-18 59.58 008-144-02 571 398-533-07 475 010-170-01 58 403-144-09 59.58 010-293-01 59.58 405-152-12 655 010-295-12 59.58 405-163-10 59.58 011-132-05 2117 405-272-16 655 013-013-23 58 408-244-13 117.58 013-133-09 775 408-295-15 545 014-233-05 59.58 408-313-16 475 014-241-30 58 408-374-05 869.74 014-243-19 59.58 408-471-14 1357.58 015-113-17 59.58 410-381-06 59.58 016-104-17 58 412-154-01 475 100-242-10 1201 414-071-08 59.58 101-561-16 59.58 109-062-31 59.58 109-273-07 645 109-316-24 58 109-361-10 59.58 144-341-07 3059.58 198-091-55 1793.05 198-161-25 517.58 198-181-44 119.16 198-281-25 901.58 198-281-26 1055.58 396-282-22 604.58 396-372-33 412 396-433-09 177.16 398-122-01 58 I ss6/4/13 75C-6