PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
SUBJECT/TITLE:
PROTEST HEARING AND CERTIFICATION OF WEED ABATEMENT CHARGES FOR FORWARDING TO THE COUNTY OF SAN LUIS OBISPO FOR PLACEMENT ON 2023
PROPERTY TAX ROLLS
RECOMMENDATION:
1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;
2. Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2023-028, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.
BACKGROUND:
This request is the final action for the 2023 annual Weed Abatement Program. On April 18, 2023, the City Council adopted Resolution R-2022-025 (Attachment 2), ordering the abatement of grass and weeds presenting nuisance conditions within the city. On June 20, 2023, the Council conducted a Public Hearing to allow property owners to protest their parcels having been identified as needing this abatement. Letters have been sent to property owners whose lots were cleared by a City contractor, which identified the abatement cost and administrative fee. This hearing is an opportunity for owners to protest the abatement charges prior to the charges being forwarded to the County of San Luis Obispo for placement on 2023 tax rolls.
A Resolution certifying the weed abatement assessments for forwarding to the County, and a table of individual properties and charges, are provided as Attachments 1 and 1A.
FISCAL IMPACT:
Funds have been budgeted to cover weed abatement costs and will be reimbursed to the City through the Property Tax Assessment.
ALTERNATIVES:
1. Adopt Resolution with modifications to Exhibit A following public testimony.
2. Decline to adopt the Resolution and reimbursement to the City through the tax assessment roll.
ATTACHMENTS:
1. Resolution R-2023-XXX
1A. Exhibit A to Resolution: Weed Abatement Charges Table
2. Resolution R-2023-028
Prepared by: Meeting Date: August 1, 2023
Michelle Pearson, Administrative Assistant
11.A-1Council Agenda 8-1-2023
Attachment 1A amended on July 28, 2023
Submitted by: Paul Lee, Battalion Chief
Interim City Manager Approval:
11.A-2Council Agenda 8-1-2023
Attachment 1A amended on July 28, 2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA CERTIFYING THE AMOUNT OF THE ABATEMENT PROCEEDINGS FOR GRASS, WEEDS AND RUBBISH PURSUANT TO RESOLUTION R-2023-028
TO BE FILED WITH SAN LUIS OBISPO COUNTY TAX ROLLS AS INDICATED BY ASSESSOR PARCEL NUMBER PER HEALTH & SAFETY CODE SECTION 14912 WHEREAS, pursuant to Weed Abatement Ordinance O-96-05, Section 8.32.130 of the City of Pismo Beach Municipal Code, and City Council Resolution No R-2023-28, the attached list of weed abatement accounts (Exhibit A) is hereby certified by the City Council of the City of Pismo Beach and is hereby assigned to the County Auditor, County of San Luis Obispo, for placement upon the appropriate Assessor’s Tax Roll of the County of San Luis Obispo; and
WHEREAS, the various abatement charge amounts listed in Exhibit A to this Resolution are hereby incorporated and made part of this Resolution; and WHEREAS, Exhibit A shows a total of $2,180.00 of abatement charges as of the date of execution of this Resolution; and
WHEREAS, California Health & Safety Code Section 14912 provides that the City Council of the City of Pismo Beach may provide for the collection of the special assessment in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the county on behalf of the City, and the county may deduct its reasonable costs incurred for the service before remittal of the balance to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:
1. The total amount of said weed abatement charges for the City of Pismo Beach is $2,180.00.
2. Pursuant to Health and Safety Code Section 14912, the City Council of the City of Pismo Beach may provide for the collection of the special assessment in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the county on behalf of the city, and the county may deduct its reasonable costs incurred for the service before remittal of the balance to the city.
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 1st day of August 2023, by the following vote:
AYES:
NOES:
11.A-3Council Agenda 8-1-2023
Attachment 1
Attachment 1A amended on July 28, 2023
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
11.A-4Council Agenda 8-1-2023
Attachment 1
Attachment 1A amended on July 28, 2023
11.A-5Council Agenda 8-1-2023
Attachment 1A
Attachment 1A
amended on July 28, 2023
2023 Weed Abatement Charges
Name Fee APN
Jessica Micklus/Milton Padilla $410.00 005-023-019
Paul Howard $210.00 005-031-045
Baker Revocable Family Trust $210.00 005-032-007
Theresa Simoes $210.00 005-101-032
JCH Family Limited Partnership $310.00 005-161-042
Cole McReynolds $310.00 005-213-001
Leonard Simko $210.00 005-221-037
Aileen Combs Living Trust $310.00 010-521-012
$2,180.00
RESOLUTION NO. R-2023-028
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 Guthrie, seconded by Council Member Newton, 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: 5
NOES: 0
ABSENT: O
ABSTAIN: 0
RECUSED: 0
Guthrie, Newton, Inman, Reiss, Waage
Approved: �us.�,�
�� . � J> 1s�j"- ._ '� IVf;1 - ",
'1'. ,,O�p � 0 � () /= ., ·' C :J: ·,-♦-I
.,..-
11.A-6Council Agenda 8-1-2023
Attachment 2
April 18, 2023 Resolution