ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: C3
Prepared by: Maia Hodge, Management Analyst Meeting Date: May 24, 2022 Approved by:
Ned Vander Pol, Fire Chief
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: COLLECTION OF DELINQUENT 2021 WEED ABATEMENT CHARGES RECOMMENDATION:
1.Adopt City Council Resolution No. 2022- , declaring its intent to set a public hearing for collection of delinquent 2021 weed abatement charges.
2.Set June 14, 2022, as the date of the public hearing to levy assessments on the 2022 property tax roll for collection of delinquent 2021 weed abatement charges.
CORRELATION TO CITY COUNCIL GOALS: (1) Public Safety, and (2) A Cleaner Vista.
PRIOR ACTION: On June 8, 2021, adopted City Council Resolution No. 2021-92, approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2020/21, and ordering the assessment of unpaid charges (Vote: 5-0).
On May 25, 2021, adopted City Council Resolution No. 2021-74, declaring its intent to set a public hearing for collection of delinquent weed abatement charges (Vote: 5-0).
On February 21, 1967, adopted City Council Ordinance No. 67-5, declaring dry weeds, dead shrubs, dead trees, and certain waste matter to be a public nuisance, and providing for the abatement and removal thereof (Vote: 5-0).
STATEMENT ON THE SUBJECT: Vista Municipal Code (VMC) Chapter 8.60, Weed and Rubbish Abatement Procedures, authorizes the City to declare overgrown weeds and brush a public nuisance if they constitute a fire hazard to buildings or other property. As required by the VMC, notices to clear premises that were deemed nuisances were sent by regular mail addressed to the property owner or person in charge and control of the property at the address shown on the most recently available assessment roll. A total of 1,539 total parcels were identified in the first review by Fire Prevention staff, and 613 of the parcels fell within City jurisdiction. The remaining parcels fell within the jurisdiction of the Vista Fire Protection District. Notices were sent to owners in April 2021, with follow-up inspections beginning June 2021.
The majority of parcels were cleared by the owners or person(s) in charge. The remaining 14 parcels were cleared in September and October 2021 by a contractor hired by the City. In December 2021, invoices for the contractor’s work and administrative fees were sent to the property owners.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/24/2022 C3 Page 1 of 5
Approved above recommendation, adopted City Council Resolution No. 2022-72.
Vote: 5-0
MEETING DATE: MAY 24, 2022 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT 2021 WEED ABATEMENT CHARGES The parcels and the amounts to be collected, listed in Exhibits 2 and 3, represent the delinquent charges as of May 4, 2022. If authorized by City Council, a public hearing will be set for June 14, 2022, to levy assessments on the 2022 property tax roll for collection of delinquent 2021 weed abatement charges. The total outstanding balance is $26,117.96. The number of parcels and collection amounts may change before the public hearing date if payments are received.
FISCAL IMPACT: The total amount to be recovered via the tax roll is up to $26,117.96. Costs recovered will be deposited into the Weed and Lot Clearing Fee Account (No. 0010034.435160), which is a General Fund account. Revenue collected will cover expenses incurred by the Weed Abatement Program.
EXHIBITS:
1. City Council Resolution No. 2022- , declaring its intent to set a public hearing for collection of delinquent 2021 weed abatement charges
2. Report of Proceedings and Account of Costs
3. Summary of Special Assessment – Weed Abatement
05/24/2022 C3 Page 2 of 5
00107544 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, DECLARING ITS INTENT TO SET A PUBLIC HEARING FOR COLLECTION OF DELINQUENT 2021 WEED ABATEMENT CHARGES The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.Vista Municipal Code Chapter 8.60 provides that all weeds, dry grasses, dead shrubs, dead trees, rubbish, or any material growing upon private property are deemed to be a public nuisance and may be abated by the City of Vista (“City”) at the property owner’s expense if, after receipt of notice, the property owner fails to abate the public nuisance.
B.Section 8.60.090 authorizes the City, after receipt of weed abatement costs and a public hearing thereon, to impose liens on the properties for the cost of the abatement that are delinquent.
C.The City desires to hold a public hearing to consider the imposition of liens on those properties that have been abated.
2.Action.
A.The City Council hereby declares its intent to conduct a hearing on June 14, 2022, at the City Council Chambers, 200 Civic Center Drive, Vista, California, to consider the imposition of liens on the property owners for weed abatement purposes and to place such liens on the 2022 property tax roll.
B.The City Clerk is hereby directed to post a copy of the 2021 Weed Abatement Report and notice the time and place of hearing in conformity with Section 8.60.090 of the Vista Municipal Code.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 24, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220512083137
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/24/2022 C3 Page 3 of 5EXHIBIT 1
Charge plus
Administrative Fee APN Property Cleared Address Property Owner 1,906.68$ 159-240-28-00 2167 N SANTA FE AVENUE AE INVESTMENTS GROUP, LLC 970.00$ 161-051-26-00 1564 N SANTA FE AVENUE DENYA, LLC 1,687.00$ 173-091-28-00 1225 N SANTA FE AVENUE BELLA VISTA LUX APTS, LLC 970.00$ 162-191-01-00 322 DURIAN STREET MARK R MARTIN
1,877.00$ 162-493-30-00 1435 OLIVE AVENUE ZITRO-CA, LLC 3,151.78$ 217-131-58-00 PLUMOSA AVENUE, VACANT DIAMOND LIVING ESTATES, LLC 1,538.00$ 183-130-14-00 1860 WATSON WAY GREGORY J HAYDEN TRUST 970.00$ 166-183-44-00 740 MCGAVRAN TERRACE JOE AND SUSAN ALDANA 1,700.00$ 176-110-55-00 SHELSTEVE TERRACE, VACANT WINIKWORTH, LLC 11,347.50$ 181-162-14-00 1540 CLEVELAND TRAIL SHERRY L CODDINGTON 26,117.96$
CITY OF VISTA
FISCAL YEAR 2021/2022
REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS
WEED ABATEMENT TAX LIENS
2021/22 ASSESSMENT
05/24/2022 C3 Page 4 of 5EXHIBIT 2
TOTAL OF WEED ABATEMENT PROGRAM:35,006.37$
(Contractor charges and administrative fees)
PAID BY PROPERTY OWNERS (8,888.41)$
AMOUNT TO BE RECOVERED AS SPECIAL ASSESSMENT
THROUGH COUNTY TAX ASSESSOR'S OFFICE 26,117.96$
PROCEEDINGS:
Number of parcels that were sent notices 1,539
Number of parcels cleared by contractor 14
Number of parcels cleared by owners 1,525
CONTRACTOR CHARGES 25,116.37$
ADMINISTRATIVE FEES 9,890.00$
TOTAL 35,006.37$
COLLECTED THROUGH BILLING 8,888.41$
AMOUNT TO BE RECOVERED THROUGH:
Special Assessment on SD County Property Tax Through Collections $ 26,117.96 TOTAL $ 35,006.37
CITY OF VISTA
SUMMARY OF SPECIAL ASSESSMENT - WEED ABATEMENT
AS OF 5/4/2022
05/24/2022 C3 Page 5 of 5EXHIBIT 3