July 16, 2024, Item #17
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
July 16, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service~
Vianey Rivera, Senior Code Compliance Officer
(858) 668-4664 or [email protected]
CITY COUNCIL
2023 Weed and Nuisance Abatement Charges to be Collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2024-25
Annually, funds are allocated for weed and nuisance abatement services on City-owned parcels and privately-owned properties identified in the Weed Abatement Program (WAP). Properties identified in the WAP may elect to abate their properties themselves or request the City to complete the abatement for a fee. Fees incurred by the City are passed onto the property owner and are paid by invoice or levied against the property's tax bill as a fixed charged assessment. The City Council must approve the list of parcels assessed prior to their inclusion on the County of San Diego Tax Assessor's Roll.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving the 2023 Weed and Nuisance Abatement charges to be collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2024-25.
Discussion:
Weed Abatement and Vegetation Management are effective fire prevention and mitigation methods to help protect property. This work is completed for both city-owned and private properties through a third party contractor. For private properties, the City notices property owners within the WAP, by letter (Attachment B), of their annual property maintenance requirements in specific vegetation abatement areas. Each property owner is required to mow or weed-whip re-growth of weeds, remove dead trees, shrubs, or other material that pose a significant fire hazard.
Property owners may perform the maintenance themselves or authorize the City to complete the work on their behalf. If the City completes the work, the property owner may pay the City for the work completed or may opt to have the costs incurred assessed against the property's tax bill as a fixed charged assessment. The amount charged is placed on an owner's property tax bill the following tax assessment year.
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July 16, 2024, Item #17
In the event a duly noticed property owner fails to complete the mandatory abatement, a Notice of Violation is issued. Overgrown vegetation is addressed, by the City, through the abatement procedure outlined in Poway Municipal Code Chapter 8.76.
For program year 2023, the City completed abatement work on 31 City-owned properties and 22 private properties. Of those private properties, 14 property owners elected to have the costs, plus a $175.00 administrative fee, assessed on their property tax bill for FY 2024-25. A list of the 14 privately owned properties is included as Exhibit A of the proposed Resolution.
Environmental Review:
This item is not a Project pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.
Fiscal Impact:
The Resolution authorizes the reimbursement to the City for any costs incurred for weed and nuisance abatement services from property owners through fix charged assessments on the County of San Diego Tax Assessor's Roll. Each parcel abated is assessed an administrative fee of $175.00. The City will place $57,028.32 on the FY 2024-25 tax roll to recover the cost of the property abatements.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 4, 2024 and mailed to the 14 property owners identified in Exhibit A of Attachment B.
Attachments:
A. Resolution
B. 2023 Weed Abatement Program Notice Letter
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
July 16, 2024, Item #17
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING THE 2023 WEED AND
NUISANCE ABATEMENT CHARGES TO BE COLLECTED ON
THE COUNTY OF SAN DIEGO TAX ASSESOR'S ROLL FOR
FISCAL YEAR 2024-2025
WHEREAS, the City Council of the City of Poway directs weed and nuisance abatement charges for the 2023 weed abatement season to be collected on the Fiscal Year (FY) 2024-25 tax roll, in the same manner, by the same persons, and at the same time as, together with, and not separate from, the general taxes as provided in the Government Code; WHEREAS, Chapters 8.72 and 8.76 of the Poway Municipal Code (PMC), respectively, established the procedures for weed and nuisance abatement by notifying property owners of the necessity for abatement and authorize collection of abatement charges on the tax roll prepared by the San Diego County Tax Assessor;
WHEREAS, on July 16, 2024, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this action; and WHEREAS, a list of the fourteen privately-owned weed abatement properties is attached hereto as "Exhibit A".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1 The report submitted to the City Council setting forth weed and nuisance abatement charges as established by PMC Chapter 8. 76 and attached hereto as "Exhibit A" is hereby approved. Said charges shall be collected on the FY 2024-25 San Diego County Assessor's Tax Roll.
SECTION 2: The City Clerk is directed to file a certified copy of this Resolution with the Clerk of the Board of Supervisors and the Auditor of the County of San Diego, State of California. 3 of 8
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ATTACHMENT A
July 16, 2024, Item #17
Resolution No. 24-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California, on the 16th day of July, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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July 16, 2024, Item #17
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8 EXHIBIT
A
Resolution
No
. 24-
Page
3 2023
PRIVATE
WEED
AND
NUISANCE
ABATEMENTS
Private
Property
Weed
Abatements
to
be
Assessed
to
Tax
Rolls
Assessor
Parcel
Number
Invoice
Amount
2753410100
$1,100
.67
3175200500
$2,294
.22
3175200600
$3,514.79
3210112500
$755.45
3220110600
$12,341
.55
3220401600
$6,061.71
2783004600
$598.50
3163213700
$1,882.23
3172222100
$4,098.77
3210702000
$8,359.47
3210805100
$6,674
.76
3220410700
$831.32
3230910800
$5,491.99
3234910200
$3,022.89
Total
to
be
Assessed
$57,028.32
July 16, 2024, Item #17
STEVE VAUS, Mayor CITY OF POWAY
BAlUlY LEONARD, Deputy Mayor
PETER DE HOFF, Councilmember
CA YLIN FRANK, Councilmember
BRIAN PEPIN, Councilmember
May 4, 2023
SANTA RITA INVESTMENT CO
1001 BAVE#207
CORONADO CA, 92118
Subject: Courtesy Notice -Mandatory Vegetation Management Self-Certification Form Property ID: OLD WINERY RD; APN: 2731000400
Dear Poway Property Owner,
The City of Poway is currently conducting its annual VEGETATION MANAGEMENT PROGRAM in accordance with Poway Municipal Code (PMC) Section 8.76.035. In order to reduce the risk of vegetation fires, weeds, dry grasses, dead shrubs, dead trees, and excessive dry plant debris must be mowed or reduced from within predetermined Abatement Areas on your property.
This abatement must be completed on or before June 18, 2023. You may choose to do the work yourself, hire an independent contractor, or elect to have the City abate the property. Please fill out and submit the enclosed "Notification of Abatement" self-certification form no later than May 15, 2023. If you are not the current owner of the subject property, please let us know so we may attempt to contact the new owner.
Should you give the City written permission to reduce vegetation, the cost of the abatement, plus a $175.00 administrative fee, may be paid after invoicing or will be forwarded to the County Tax Assessor's Office and added to your property tax bill, or collected by other methods. The estimated cost for weed abatement work on your property by the City's contractor is provided on the Notification of Abatement, should you decide to allow the City's contractor to complete the work. Should you have any questions about abatement costs, please contact Vianey Rivera at (858) 668- 4664 or [email protected].
Failure to return the enclosed "Notification of Abatement" self-certification form within the indicated deadline may result in a Notice of Violation issued to you. Should the predetermined Abatement Area(s) containing weeds, dry grasses, dead shrubs, or dead trees on your property remain in non-compliance on or after June 18, 2023, the City may issue administrative citations after issuance of a Notice of Violation. Further non-compliance may result in abatement of the nuisance vegetation on your property by the City's contractor at the owner's expense.
If you are unsure as to where the Abatement Area is located on your property, please contact Poway's Code Compliance Division for assistance.
We thank you in advance for your contribution toward enhancing your community's protection against wildfires. Should you have any questions, please do not hesitate to contact Poway's Code Compliance Division at (858) 668-4660 or [email protected].
Sincerely,
Jeff Chumbley
Fire Chief
SAFETY SERVICES DEPARTMENT
Enclosures: Notice to Clean Premises
Notification of Abatement
Vianey Rivera
Senior Code Compliance Officer, Program Coordinator
DEVELOPMENT SERVICES DEPARTMENT
City Hall Located at 13325 Civic Centei: Drive
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Mailing Address: P.O. Box 789, Poway, Califomia 92074-0789 www .poway.01·g
ATTACHMENT B
July 16, 2024, Item #17
NOTICE TO
CLEAN
PREMISES
APN: 2731000400
Notice is hereby given that any weeds, grasses, dead shrubs, dead trees, and debris located in the Abatement Area on the lot or parcel of land in the City of Poway, California, as described above by County Tax Assessor's Parcel Number, and/or in the street, sidewalk and parkway adjacent thereto, are considered a public nuisance in that they are a fire hazard, or in all probability will become a fire hazard per Poway Municipal Code Section 8.76.035. Additionally, any debris thereon that might interfere with the abatement of the weeds, grasses, dead shrubs, dead trees and debris, is also deemed a public nuisance. If you are unsure as to where the Abatement Area is located on your property, please contact Poway's Code Compliance Division for assistance.
Said public nuisances are required to be abated on or before June 18, 2023. If not abated on or before this date, the City of Poway may authorize abatement and the costs thereof will be assessed against the land and collected through routine tax billing. An administrative fee of one-hundred-seventy-five dollars ($175.00) per parcel abated will be added to the abatement costs. The owner of the land, or authorized agent thereof, may make a written appeal within ten days from the date of this notice to the City Manager of the City of Poway, Post Office Box 789, Poway, California 92074-0789.
This notice is given pursuant to the provisions of Section 8.76.050 of the Poway Municipal Code of the City of Poway, California.
Vianey Rivera
Senior Code Compliance Officer
[email protected]
(858) 668-4660
P.O. Box 789 Poway, CA 92074-0789
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Dated May 4, 2023
July 16, 2024, Item #17
NOTIFICATION OF ABATEMENT SELF-CERTIFICATION
PLEASE CHECK ONE OF THE BOXES BELOW AND SIGN AND
RETURN THE FORM BY MAY 15, 2023
D This is to certify that by June 18, 2023, I will remove the fire hazards (which consist of weeds, dry grasses, dead shrubs, dead trees, or excessive dry plant debris) from the property described below within the predetermined Abatement Area, and will notify the City of such action no later than May 15, 2023, by mailing this form to Code Compliance, P.O. Box 789, Poway, CA 92074-0789 or via email to [email protected], or fax to (858) 668-1212.
By returning, this form, I certify that my property will be in full compliance with Poway's Vegetation Management Program rules, regulations and standards, on or before the indicated deadline. I am further aware that failure to return this notice or bring my property into compliance may result in issuance of citation(s), after a Notice of Violation has been issued, including any Notice of Violation for the same non-compliant condition occurring within the last calendar year. I am also aware that I may contact Poway's Code Compliance Division should any related brush removal work be delayed until after the deadline.
If this property is not abated by June 18, 2023, I understand that the City may proceed with a Notice of Violation, issuance citation(s) and/or having the property abated by the City's contractors. Upon abatement by the City, the costs incurred by the City, plus a $175.00 per parcel administrative fee, will be added to my property tax bill.
Estimated City costs to abate your property (this estimate is subject to change based on actual costs incurred):
• Estimated Abatement Area in Square Feet: 195671
• Estimated Abatement Cost by City Contractor ($0.043 per square foot)+ $175.00: $8588.85 D This is to certify that I authorize the City of Poway to remove the fire hazards (which consist of weeds, dry grasses, dead shrubs, dead trees, or excessive dry plant debris) from the property described below within the predetermined Abatement Area, and will notify the City no later than May 15, 2023, by mailing this form to P.O. Box 789, Poway, CA 92074-0789 or via email to codecompliance@poway or faxing to (858) 668- 1212. By authorizing the City of Poway to remove the fire hazards, I recognize that the costs of such removal, plus a $175.00 per parcel administrative fee, will be added to my property tax bill or may be paid after invoicing.
PROPERTY DESCRIPTION: APN 2731000400
(REQUIRED) Please print legibly and completely fill in each section below:
DATE:
PRINTED NAME:
SIGNATURE:
ADDRESS: __________________________ _
PHONE: -------------------------
EMAIL:
□ Please check here if there is construction activity or existing structures on the above parcel(s) at this time. 8 of 8