PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
ANNUAL CITY WEED ABATEMENT PROGRAM; DECLARATION OF NUISANCES RECOMMENDATION:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
BACKGROUND:
As part of the annual weed abatement program, Fire Department personnel are making a survey of all properties in the city to identify those properties requiring weed, rubbish, or refuse abatement. Municipal Code Chapter 8.321 allows the City Council by resolution to declare those properties a nuisance and order the abatement of those unsafe conditions. Each property owner whose lot has been identified as needing abatement will be mailed a letter, which will explain the weed abatement requirements. That letter will also notify the owner of a protest hearing before the City Council on June 20, 2023 where they can protest the notice. This program needs to be completed by July 5, 2023, in order for the City to turn in abatement assessments to the County Auditor on time to meet the deadline for the 2023–2024 tax roll.
The proposed resolution (Attachment 1) conforms to all provisions of the weed and rubbish abatement ordinance adopted in 1996 (Ordinance O-96-05).
FISCAL IMPACT:
Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.
ALTERNATIVES:
1. Do not adopt the resolution; decline to administer the weed abatement program in 2023.
ATTACHMENTS:
1. Resolution
Prepared by: Meeting Date: April 18, 2023
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
1 Full URL https://codelibrary.amlegal.com/codes/pismobeach/latest/pismo_ca/0-0-0-2846
9.E-1Council Agenda 4-18-2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DECLARING THAT GRASS, WEEDS AND RUBBISH ON CERTAIN
LOTS IN THE CITY OF PISMO BEACH CONSTITUTE PUBLIC NUISANCES AND
ORDERING SAID PUBLIC NUISANCES TO BE ABATED
WHEREAS, Section 8.32.020 of the City of Pismo Beach Municipal Code provides, “The City Council may declare by resolution as a public nuisance, and abate:
A. Weeds growing in any location within the city, whether on public or private land.
B. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the City; and
WHEREAS, the Fire Chief of the City of Pismo Beach or their representative is surveying all lots and can present evidence to the City Council of the City of Pismo Beach that there are weeds, rubbish, refuse and dirt on or adjacent to said lots, and that said conditions should be abated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the Fire Chief of the City of Pismo Beach or their representative shall identify said lots and send by mail to each known owner of said lots a notice that the City of Pismo Beach intends to abate the public nuisances thereon.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 18th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.E-2Council Agenda 4-18-2023
Attachment 1