PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
Meeting Date: August 6, 2024
TITLE:
Protest Hearing and Certification of Weed Abatement Charges for Forwarding to the County of San Luis Obispo for Placement on 2024 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-2024-022, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.
DISCUSSION:
This request is the final action for the 2024 annual Weed Abatement Program. On April 16, 2024, the City Council adopted Resolution R-2024-022 (Attachment 2), ordering the abatement of grass and weeds presenting nuisance conditions within the city. On June 18, 2024, 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 2024 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.
Conclusion and Recommendation
Staff recommends that the City Council conduct a public hearing to hear protests from property owners whose properties have been cleared by the City contractor and have received a letter identifying abatement cost and administrative fee. If any property owner has a valid reason for having the charges removed, in accordance with Pismo Beach Municipal Code section 8.32.070, the City Council may direct staff to uphold, reduce, or eliminate the assessments for properties which a protest has been received, prior to adoption of this Resolution. Otherwise, the full assessments shown in Attachment 1A will be forwarded for the tax rolls.
FISCAL IMPACT:
Funds have been budgeted to cover weed abatement costs and will be reimbursed to the City through the Property Tax Assessment.
ATTACHMENTS:
1.Resolution R-2024-XXX
Council Agenda 8-6-2024 11.A-1
1A. Exhibit A to Resolution: Weed Abatement Charges Table
2.Resolution R-2024-022
Prepared by:
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
Council Agenda 8-6-2024 11.A-2
RESOLUTION NO. R-2024-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-2024-022
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-2024-022, the attached list of weed abatement accounts (Exhibit 1A) 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 1A to this Resolution are hereby incorporated and made part of this Resolution; and WHEREAS, Exhibit 1A shows a total of $2,110.00 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 that the City Council of the City of Pismo Beach hereby:
1.The total amount of said weed abatement charges for the City of Pismo Beach is $2,110.00.
2.Pursuant to Government Code Section 50077(b), the City Council of the City of Pismo Beach may provide for the collection of the special tax 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 6th day of August 2024, by the following vote:
AYES:
NOES:
Council Agenda 8-6-2024 11.A-3
Attachment 1
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 8-6-2024 11.A-4
Attachment 1
2024 Weed Abatement Charges
Name Fee APN
Jessica Micklus/Milton Padilla $310.00 005-023-019
Theresa Simoes $250.00 005-101-032
Leonard Simko $250.00 005-221-037
Sushil Capital $1,300.00 005-398-042
$2,110.00
Council Agenda 8-6-2024 11.A-5
Attachment 1.A
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:
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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:
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Erica lnderlied, City Clerk
Council Agenda 8-6-2024 11.A-6
Attachment 2