City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00913 June 28, 2022
Title: Delinquent Charges - Personal Obligation and Special Assessment for Weed Abatement (Noticed 06/14/2022 & 06/21/2022)
Location: Citywide.
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1) confirming the Delinquent Weed Abatement Assessment Summary for and determining the costs of weed abatement services; and 2) ordering the costs of abatement be made a personal obligation of the property owners and a special assessment against the properties listed in Exhibit A for reimbursements.
Contact: Laterre Walsh, Program Manager, (916) 808-7800, [email protected], Department of Finance
Presenter: Laterre Walsh, Program Manager, (916) 808-7800, [email protected], Department of Finance
Attachments:
1-Description/Analysis
2-FY2021/22 Delinquent Weed Abatement Assessment Summary 3-Resolution
4-Exhibit A (FY2021/22 Delinquent Weed Abatement Assessment)
Description/Analysis
Issue Detail: As authorized by California Government Code section 39501 et seq., and chapters 8.04 and 8.28 of the Sacramento City Code (SCC), property owners must keep parcels free from weeds and rubbish, and if they fail to do so, the City can perform abatement services and request reimbursement from the property owner (California Government Code section 39501 and SCC sections 8.04.100 and 8.04.370). The City may make the expense of abatement of nuisances a lien or a special assessment against the property on which it is maintained and a personal obligation against the property owner (California Government Code sections 38773 and 39577).
SCC sections 8.04.430 and 8.28.030 direct the City to document the costs for weed and rubbish abatement in the form of an itemized written report, attached as the FY2020/21 Delinquent Weed Abatement Assessment Summary (Summary), which is to be submitted to Council for confirmation. The Council may make the costs described therein a special assessment against the applicable property (SCC sections 8.04.430 and 8.28.040). As a special assessment against the listed parcels, the City may collect it with other secured property tax as a more efficient means than the alternative of recording and initiating a foreclosure action on a nuisance abatement lien.
The property owners identified in the Summary were notified by mail of the weed abatement requirement and subsequent City cost to perform the abatement services were the property owners not able to comply with the ordinance. Owners were given an opportunity to protest these charges, including a hearing with a delinquency lien hearing officer (SCC sections
8.04.400 - 8.04.420).
Staff recommends that Council approve the attached Resolution to:
1. Confirm the Delinquent Weed Abatement Assessment Summary,
2. Determine the cost of abatement,
3. Order such abatement costs be made a personal obligation of the property owner under SCC sections 8.28.040 and 8.04.430.B, and4. Order that such abatement costs be made a special assessment against the property under SCC sections 8.28.040 and
8.04.430.B.
Policy Considerations: City Code requires the Council to conduct a public hearing to confirm the Delinquent Weed Abatement Assessment Summary and determine the cost of abatement (SCC section 8.28.030). Council is not required to hear the objections of any property owner who did not previously appear before the delinquency lien hearing officer (SCC section
8.04.430). Council may make the costs owed a personal obligation of the owner and special assessment against the property pursuant to SCC sections 8.28.040 and 8.04.430. The City will mail a certified copy of the assessment to the Sacramento County Auditor in accordance with SCC section 8.04.450.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action concerns administrative activities that will not have any significant effect on the environment and that do not constitute a “project” as defined by California Environmental Quality Act (CEQA) (CEQA Guidelines sections 15378(b)(2) and 15378(b)(4) and are not subject to the provisions of CEQA (CEQA Guidelines section 15060(c)(3)).
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: The property owners were notified of the need for weed abatement, given an opportunity to resolve the issue with City staff, and an opportunity to file a protest. The delinquent charges and the properties to which such costs apply are set forth in Exhibit A to the Resolution attached to the report. The special assessments are for services the City has already provided to the property owners.
Financial Considerations: The unreimbursed costs incurred by the City for weed abatement services on 8 parcels, eligible for assessment to the secured property tax roll are $15,475 in the attached FY2021/22 Delinquent Weed Abatement Assessment Summary.
City staff time was required for noticing property owners and handling customer disputes.
These costs were incidental and absorbed in the Revenue Division’s operating budget and no additional administrative reimbursement is requested or required to carry out the recommended action.
Local Business Enterprise (LBE): Not applicable.
CITY OF SACRAMENTO
FY2021-22 DELINQUENT WEED ABATEMENT ASSESSMENT SUMMARY
Count Value
Assessment notices mailed
15 $
36,305.00
Paid – removed from assessment
(2)
(10,710.00)
Ownership change (not eligible for assessment)
(5)
(10,120.00)
Accounts referred for special assessment 8 $ 15,475.00
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
PERSONAL OBLIGATION AND SPECIAL ASSESSMENT FOR FY 2021/22
REIMBURSEMENT OF
WEED ABATEMENT COSTS
BACKGROUND
A. In accordance with Sacramento City Code chapters 8.04 and 8.28, the owners of the real properties described in Exhibit A (“property owners”) have been notified of the costs related to the weed abatement services the City performed upon the ir respective properties and have been afforded the opportunity to object to or protest the associated costs through an administrative appeal, including a hearing before a delinquency hearing officer.
B. None of the notified property owners described in Exhibit A filed a written protest or objection relate d to the weed abatement costs and, consequently, no delinquency hearings were conducted (Sacramento City Code section 8.04.400).
C. The City kept an account of the cost of abatement in front of or on each separate parcel where the work was performed and submi tted it to the City Council for confirmation in the form of an itemized written report, attached hereto as Exhibit A.
D. Accordingly, on this day, the City Council held a public hearing and after reviewing the evidence, has found the total cost for such work , as described in Exhibit A, to be reasonable and closed the public hearing.
E. The City Council has been fully advised in this matter.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. Background Statements A through E are true and correct.
Section 2. The reasonable cost for the delinquent, unpaid weed abatement services performed by the City for the applicable property owners shall not exceed $15,475 as set forth in Exhibit A.
Section 3. That, as provided in California Government Code sections 38773 and 39577 and Sacramento City Code section s 8.28.040 and 8.04.430, the costs of the abatement shall constitute personal obligations of the respective property owners described in Exhibit A and special assessments against the properties at which the services were rendered ; collectible at the same time and in the same manner as secured property taxes are collected; and subject to the same penalties, priorities, and procedures in the case of delinquency.
Section 4. The special assessments shall attach to the properties described in Exhibit A upon recordation of this order in the Office of the County Recorder of the County of Sacramento.
Section 5. The City Clerk shall transmit a certified copy of this resolution to the Sacramento County Auditor/Controller.
Section 6. Exhibit A is part of this resolution.
Resolution Exhibit:
Exhibit A – FY 2021/22 Delinquent Weed Abatement Assessment
Exhibit A
CITY OF SACRAMENTO
FY 2021/22 WEED ABATEMENT SPECIAL ASSESSMENT
LIST OF ASSESSED PARCELS
CUSTOMER REPAIR LOCATION ASSESSOR'S PARCEL
NUMBER
AMOUNT
DUE
DJW HOLDINGS LLC 0 63RD ST 038-0182-007-0000 $ 1,660.00 IGOR ONEIL 504 WINTERHAVEN AVE 250-0240-046-0000 2,675.00 AEJ TRUST 2594 BEAUMONT ST 265-0291-015-0000 2,775.00 PRAVINDRA SINGH 0 FORREST ST 263-0132-043-0000 2,485.00 PRAVINDRA SINGH 0 FORREST ST 263-0132-043-0000 2,070.00 LEMON HILL ESTATES HOMEOWNERS ASSN 0 LEMON PARK WY 038-0011-033-0000 1,430.00 JKLM TAX SERV INCORPORATED 3645 18TH AVE 020-0131-055-0000 1,190.00 ERIC ESTAMPA 0 DETROIT BLVD 053-0104-033-0000 1,190.00 ASSESSMENT TOTAL $ 15,475.00