PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
Meeting Date: June 18, 2024
TITLE:
Protest Hearing for Declaration of Properties as Non-Compliant for Weed and Rubbish Abatement
RECOMMENDATION:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.
DISCUSSION:
During the last week of April 2024, all private properties within the City of Pismo Beach were inspected for compliance with the City’s weed abatement ordinance (Ord. 96-05; Pismo Beach Municipal Code Chapter 8.32). Those properties deemed not in compliance were identified, sent a “notice” (Attachment 1), and instructed to come into compliance by June 1, 2024. Property owners who requested an extension were given an extension because of the need to mow later due to the late rain. At the April 16, 2024 City Council meeting, these properties were declared a nuisance by Resolution R-2024-022 (Attachment 2). This protest hearing scheduled for the June 18, 2024 Council meeting is to allow affected property owners to protest the “noticing” of their property for non- compliance. If a property owner comes forward and gives a valid reason for removing their name from the list of non-compliant lots, Fire staff will re-inspect the lot in question and remove the name from the non-compliant list if the name was placed in error.
Attachment 3 is a list of properties deemed non-compliant as of April 29, 2024 field inspections. The list is sorted by Assessor’s Parcel Number (APN) and indicates the current owners. Property owners that have abated their nuisances by June 1, 2024 will be removed from the list. The list may be modified if additional lots needing weed abatement are identified. For properties that are not cleared by June 1, a City contractor will complete the work for them and the property will be assessed for the cost.
Conclusion and Recommendation
Staff recommends that the City Council conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement. If a property owner comes forward and gives a valid reason for removing their name from the list of non-compliant lots, Fire staff will re-inspect the lot in question and remove the name from the non-compliant list if the name was placed in error. The City Council will then conduct a hearing on August 6, 2024 to allow property owners to protest the assessment of their properties for weed abatement charges.
FISCAL IMPACT:
Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.
Council Agenda 6-18-2024 11.A-1
ATTACHMENTS:
1. Letter to property owner
2. Resolution R-2024-022
3. List of lots identified
Prepared by:
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
Council Agenda 6-18-2024 11.A-2
John Owens, Unit Chief
May 13, 2024
RE: 2024 Weed Abatement Program
Assessor’s Parcel Number (APN): XXX-XXX-XXX
Property Owner: XXXXXXXXXX
XXXXXXXXXXXXXX
XXXXXXXXXXX, XX XXXXX
CAL FIRE/Pismo Beach has conducted their first inspections for the annual weed abatement program. For those residents who receive water bills, you have already received a reminder to abate your lots of weeds by June 1st. The property associated with APN: XXX-XXX-XXX was identified, during our first inspection on April 29, 2024, as needing weed abatement. Property Owners are responsible to keep their property clear of weeds and trash that could be constituted as a fire hazard or public nuisance as per City of Pismo Beach Municipal Code Section 8.32.
The County of San Luis Obispo Assessor’s Office has indicated you are the current owner of the property. Please notify our office if you are no longer the owner of the property.
The property at XXX XXXXXXX was inspected and the following work must be done to your lot: Please cut and remove weeds and dead vegetation such as coyote bush and/or castor bean plants from empty lot. The Fire Department will conduct a 2nd inspection after June 1st and if your lot has not been cleared, it will be cleared by a city contractor with the cost of this service assessed to your property tax bill. Charges will be based on lot size, difficulty, type and density of vegetation, equipment used and the amount of material that has to be hauled from the property.
In addition, the City will place a 100% administrative charge on the contractor’s fees to cover any City expense incurred. If you need additional time, please let us know.
There will be a Public Hearing to receive any protests concerning the posting of properties in Pismo Beach that are non-compliant with the 2024 Weed Abatement Program on Tuesday, June 18, 2024 no earlier than 6:00 p.m.
Details about ways to participate in this hearing will be provided on the agenda posted for the meeting online at pismobeach.org/agenda, and on the bulletin board at City Hall. The agenda will be posted in the afternoon of June 13, 2024.
If you have cleared your lot prior to receiving this letter, please be aware you are required to maintain the clearance throughout the fire season.
Should you have any questions regarding weed abatement please contact the Fire Department at (805) 773-7031.
Sincerely,
Dell Wells
Fire Captain/Inspector
CAL FIRE/Pismo Beach
Council Agenda 6-18-2024 11.A-3
Attachment 1
RESOLUTION NO. R-2024-022
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 Newton, seconded by Council Member Guthrie, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 16th day of April 2024, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Ed Waage, Mayor
Newton, Guthrie, Inman, Reiss, Waage
Attest: l
✓
DocuS1gned by:
�
Erica lnderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _4_/_1_8/_2_0_24 ______ _ I✓
DocuSigned by:
�
Erica lnderlied, City Clerk
Council Agenda 6-18-2024 11.A-4
Attachment 2
April 16, 2024 Resolution
2024 Weed Abatement Program First Round Lots Identified
APN ASSESSORS PROPERTY OWNER
005-011-033 LOWE MICHAEL P
005-013-002 MCGINLEY PATRICIA TRUST
005-013-026 TOS LAND COMPANY INC A CA CORP
005-014-007 ZANETTI LORIN E
005-015-019 BELL-EVENSON DONNA
005-017-010 ILLIA FAMILY TRUST (TR 1)
005-022-035 BLACK CARL E
005-023-019 MICKLUS JESSICA M
005-026-003 MAGUIRE REVOCABLE TRUST
005-026-006 TEUNISSEN LYLE
005-031-006 BLUE JEFF & MELISSA FAMILY TRUST
005-031-030 HEARN FAMILY TRUST
005-031-045 HOWARD PAUL G & ALIDA K SAMUELS FAMILY TRUST 005-031-054 LORD WILLIAM J JR
005-032-007
BAKER REVOCABLE FAMILY TRUST-EXEMPTION
TRUST(TR 1)
005-032-021 CLINES SEAN
005-032-048 GAMBLE WILLIAM K
005-032-051 JONES DONALD D & KAREN L REVOCABLE LIVING TRUST 005-032-071 RINGER-BRITZ BERNARD
005-032-079 RAFIAN-NAINI MEHDI
005-032-080 FUNG JUNE 2014 TRUST
005-034-019 DELINE JOYCE
005-035-006 PHILLIPS, LEE
005-036-025 COTTA BARBARA
005-041-021 LUCIA MAR UNIFIED SCHOOL DIST
005-041-025 LUCIA MAR UNIFIED SCHOOL DIST
005-052-002 ARREDONDO VENTURES INC A CA CORP
005-053-001 KIM YONG K & OK N 2005 REVOCABLE TRUST
005-062-003 SHELL 1 LLC
005-062-004 SHELL 1 LLC
005-064-002 SHELL 1 LLC
005-064-003 SHELL 1 LLC
005-064-012 SHELL 1 LLC
005-084-004 SMITH DARREN
005-086-014 YOUNG ROBERT S & ISABELLA M TRUST
005-086-024 JACQUES, GRETCHEN
005-101-026 MACMILLAN FAMILY TRUST
005-101-032 SIMOES-CROOK THERESA A REVOCABLE TRUST (TR 1) 005-111-005 JAUREGUY, DANIEL
005-121-005 280 WADSWORTH LLC
005-121-051 280 WADSWORTH LLC
Council Agenda 6-18-2024 11.A-5
Attachment 3
2024 Weed Abatement Program First Round Lots Identified 005-134-023 WILLIAM S EVERETT FAMILY PTP A CA LTD PTP
005-135-018 SANDLIN LEANNE S
005-161-042 JCH FAMILY LIMITED PARTNERSHIP A CA LP
005-163-021 ATSCO LTD A LTD PTNSHP
005-171-033 CORE TIDES LLC A CA LLC
005-211-023 BETHEL HOLDING COMPANY INC
005-213-025 COX FAMILY REVOCABLE LIVING TRUST
005-221-037 SIMKO LEONARD
005-222-025 LEVY FAMILY TRUST (TR 1)
005-223-013 BUCKEY JEFFREY M & ALISSA M FAMILY TRUST
005-224-007 CABRERA DEBRA
005-224-011 BOZZANO LINO R TRUST
005-233-001 KEY CRISTINA
005-235-024 RINGER-BRITZ BERNARD
005-236-019 ROSS D CLAIR
005-242-066 PRIME OUTLETS AT PISMO BEACH LLC A DE LLC
005-271-004 PISMO MEDICAL LLC A LLC
005-271-006 SOUTHERN PACIFIC CO (FKA)
005-271-012 PACIFIC GAS & ELECTRIC CO
005-271-024 PISMO MEDICAL LLC A LLC
005-271-029
KINGFISHER CANYON DEVELOPMENT COMPANY A CA
GEN PTP
005-271-030
KINGFISHER CANYON DEVELOPMENT COMPANY A CA
GEN PTP
005-283-020 BAMBAS JAMES T
005-284-032 QUAN ERIC R
005-284-033 BLENDERMAN MARY
005-284-036 DECKER RICHARD H TRE ETAL
005-285-017 PAL SAIKAT
005-286-001 KOLKAILAH, NOHA F
005-291-017 PARSONS FAMILY TRUST
005-291-018 PARSONS FAMILY TRUST
005-291-022 SALUCCI HOLDINGS LLC A CA LLC
005-381-004 SAKAMOTO TERUKO IRREVOCABLE TR (TR 1)
005-381-029 SCHUH FAMILY TRUST
005-381-088 YODER FAMILY TRUST
005-381-089 PINEIRO, RICHARD
005-386-056
VILLAS AL MARE HOMEOWNERS ASSOC A NON-PRO
MUT BENE
005-386-058
VILLAS AL MARE HOMEOWNERS ASSOC A NON-PRO
MUT BENE
005-391-005 TOUCAN TERRACE SECTION TWO HOMEOWNRS ASSN
005-391-009 TOUCAN TERRANCE SEC 1 HOMEOWNERS ASSN
Council Agenda 6-18-2024 11.A-6
Attachment 3
2024 Weed Abatement Program First Round Lots Identified 005-391-060 UNITED STATES POSTAL SERVICE
005-392-014 BILLINGS TR
005-392-036 BRASIL JOAO E
005-395-002 829 OAK PARK ROAD LLC
005-395-003 LAF4LT HOLDINGS LP
005-396-027 RITTER DAVID
005-397-002 CONWAY LEE E
005-397-049
PISMO BEACH SEAVIEW ESTATES HOMEOWNERS
ASSOCIATION
005-398-042 SUSHIL CAPITAL LLC A CA LLC
005-398-043 SURF THRU INC A CA CORP
005-398-047 SURF THRU INC A CA CORP
005-401-007 FOSTER WILLIAM E REVOCABLE TRUST
005-401-027 EISENGART BRUCE & A JOETTE LIVING TRUST (TR 2) 005-403-027
RATTY MICHAEL R & FRANCES P REVOCABLE LIVING
TRUST
010-041-049 SPYGLASS RIDGE LLC A CA LLC
010-043-003 BARCELONA POINT LLC A CA LLC
010-043-004 BARCELONA POINT LLC A CA LLC
010-043-011 BARCELONA POINT LLC A CA LLC
010-043-012 BARCELONA POINT LLC A CA LLC
010-043-013 BARCELONA POINT LLC A CA LLC
010-043-014 BARCELONA POINT LLC A CA LLC
010-043-015
BARCELONA VIEW ESTATES INC A CA NONPRF MUT BEN
INC
010-043-016 BARCELONA POINT LLC A CA LLC
010-043-017 CD COMMUNITIES LLC
010-044-036 SPYGLASS RIDGE HOMEOWNERS ASSOC A CA CORP
010-045-003 HUEBNER SHERRY
010-045-063 SMALL KEVIN & TUESDY FAMILY TRUST
010-073-009 PRATT MARIAN REVOCABLE TRUST 2018
010-073-010 HEINZE REVOCABLE FAMILY TRUST
010-073-027
HOLMES THOMAS H & MARIO ROCHA JOINT
REVOCABLE TR
010-082-010 EP HOMEOWNERS ASSOCIATION INC
010-082-011 EP HOMEOWNERS ASSOCIATION INC
010-082-012
SOL HOMEOWNERS ASSOCIATION A CA NONPROFIT
CORP
010-082-014 RICHARD LOUGHEAD INC A CA CORP
010-084-037 LOUGHEAD RICK FAMILY TRUST
010-141-034 FISHER FAMILY TRUST
010-141-038 HENSEL NADIA
010-143-041 HANDLEY KIMBERLY W
010-143-042 BARKER BRENDA
Council Agenda 6-18-2024 11.A-7
Attachment 3
2024 Weed Abatement Program First Round Lots Identified 010-144-025 MCNEAL F & S TRUST (TR 6)
010-175-006 SCHOLEFIELD LIVING TRUST 1977
010-212-004 DUFFY JOHN D
010-232-014 PURICELLI ROBIN N
010-232-042 MARQUEZ BRITTANY C
010-233-057 SMARIO, KIMBERLY
010-242-017 MOOSA RYAN D
010-261-009 PARKER BARBARA A
010-272-006 CAROUSEL INVESTMENTS LLC
010-283-008 KIM, ERNEST
010-291-065 CHENG VINCENT FAMILY TRUST (TR 2)
010-292-017 CHAVES STEWART
010-292-023 FORESEE, CYNTHIA
010-311-013 DIXON FAMILY TRUST - BYPASS TRUST
010-312-019 ARICH GERALD A REVOCABLE TRUST
010-312-035 MONTGOMERY JOSEPH & MOLLY 2006 TRUST
010-333-002 AKOPYAN ZARMINE
010-335-008 OLSON FAMILY TRUST
010-335-014 FENTRESS CHAD REVOCABLE TRUST
010-343-003 CARROLL MICHAEL J FAMILY TRUST
010-352-002 ONEAL. SEAN
010-501-009 NIPP, JOHN
010-511-019 SPYGLASS BEACH HOLDINGS LLC A CA LLC
010-521-012 OCEAN RABBIT LLC
010-521-051 SILVEIRA JOSEPH & MARY LIVING TRUST
010-551-017 BLOHM ANNETTE M REVOCABLE TRUST OF
010-561-002
BLUFFS AT SAN LUIS BAY HMOWNRS ASSN A CA NPMB
CORP
010-562-001 NETTO FAMILY LIVING TRUST
010-562-010 THAURE-MCCLOSKEY FAMILY TRUST
010-562-012 8 ESTATES LLC A CA LLC
010-562-015 KAZAK MICHAEL K FAMILY TRUST
010-562-018 HILL HERBERT A
010-562-022 SPARKS GLEN
Council Agenda 6-18-2024 11.A-8
Attachment 3