ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: PH5
Prepared by: Maia Hodge, Management Analyst Meeting Date: June 14, 2022 Approved by:
Ned Vander Pol, Fire Chief
Patrick Johnson, City Manager Agenda Location: Public Hearing SUBJECT: COLLECTION OF DELINQUENT 2021 WEED ABATEMENT CHARGES RECOMMENDATION:
1.Open, conduct, and close a public hearing regarding the Fiscal Year 2021/22 Report of Proceedings and an Account of Costs for Fiscal Year 2021/22 delinquent weed abatement charges.
2.Adopt City Council Resolution No. 2022- , approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2021/22, and ordering the assessment of unpaid charges.
CORRELATION TO CITY COUNCIL GOALS: (1) Public Safety, and (2) Fiscal Responsibility.
PRIOR ACTION: On May 24, 2022, adopted City Council Resolution No. 2022-72, declaring its intent to set a Public Hearing for collection of delinquent weed abatement charges; and 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 (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 to the property owner or person in charge and control of the property at the address shown on the most recently available assessment roll via regular mail. Notices were sent in April 2021, with follow-up inspections beginning June 2021. A total of 1,539 parcels were identified in the first review by Fire Prevention staff; 613 of the parcels were identified as being within City jurisdiction, with the remaining parcels within the jurisdiction of the Vista Fire Protection District.
Most 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 AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/14/2022 PH5 1 of 6
Approved above recommendation, adopted City Council Resolution No. 2022-95.
Vote: 5-0
MEETING DATE: JUNE 14, 2022 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT 2021 WEED ABATEMENT CHARGES contractor’s work and administrative fees were sent to the property owners. On May 26, 2022, parcels with an outstanding balance were posted at the Civic Center Council Chambers. The parcels and the amounts to be collected are listed in Exhibits 2 and 3.
To appear on the next tax bill as liens, the Fiscal Year (FY) 2021/22 Report of Proceedings and Account of Costs (Exhibit 2) must be approved by the City Council and filed with the County Assessor by August 8, 2022. Weed abatement charges are calculated based on the contractor’s time and materials required for tractor work, handwork, and hauling. In addition, a $695 per parcel administrative fee is charged, which recovers staff costs associated with this program and is only charged to those owners who do not clear their property.
Staff recommends the assessment of unpaid charges to be placed on the FY 2022/23 property tax roll.
FISCAL IMPACT: The total amount to be recovered via the tax roll is $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- , approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2021/22, and ordering the assessment of unpaid charges
2.Fiscal Year 2021/22 Report of Proceedings and Account of Costs
3.Summary of Special Assessments – Weed Abatement
06/14/2022 PH5 2 of 6
00107802 1
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AND CONFIRMING A REPORT AND
ACCOUNT FOR ABATEMENT OF WEEDS, SHRUBS, DEAD TREES, AND WASTE MATTER FOR FISCAL YEAR 2021/22, AND ORDERING THE
ASSESSMENT OF UNPAID 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 dry weeds and grasses of a certain height, dead shrubs, dead trees, rubbish, or potentially combustible 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.On May 24, 2022, the required Report of Proceedings and Account of Costs (Fiscal Year 2021/22) with respect to the abatement of such items constituting a public nuisance was filed with the City Clerk of the City of Vista.
D.Notices in proper form were duly served as required by Chapter 8.60, with respect to all the parcels contained in Report of Proceedings and Account of Costs, and no appeals as to any affected parcel have been filed as provided for in Section 8.60.60 of the Vista Municipal Code.
E.The public nuisance formerly existing upon said parcels had not been timely abated by the property owner(s) and the City has incurred costs in accomplishing such abatement.
F.The required Report of Proceedings and an Account of Costs incurred, which is on file in the City Clerk’s Office, has been duly posted and noticed and the hearing on such proceedings and costs duly noticed, called, held and conducted on June 14, 2022, pursuant to Chapter 8.60, and an opportunity afforded each owner of land or other interested person whose parcel was affected by such report to present a written or oral protest or objection to such report and account at said hearing.
G. The City Council of the City of Vista considered any and all protests and objections to the report.
H.The City Council of the City of Vista, after such hearing duly noticed, held, and conducted, finds, and declares that said Report of Proceedings and Accounts of Costs is correct and should be approved and confirmed in all respects, and the amounts contained therein should be assessed to and shall become liens upon the respective parcels of land as they are shown on the last available assessment roll.
06/14/2022 PH5 3 of 6EXHIBIT 1
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00107802 1
2. Action.
A.The City Council hereby confirms and approves the 2021/22 Report of Proceedings and Account of Costs, a copy of which is on file in the City Clerk’s Office, in all respects.
B.The City Council of the City of Vista does hereby determine that the combustible weeds, grasses, dead shrubs, and waste matter upon said premises have existed at all times herein and all times have constituted a public nuisance requiring abatement as provided in said Chapter 8.60.
C.It is ordered that the amounts and costs of abatement as set forth in the Report of Proceedings and Account of Costs, opposite each respective parcel where abatement was required, are hereby assessed to, and made liens upon the respective lots, premises, or parcels referred to therein and such respective amounts to and are made liens upon each respectable parcel of land as such are shown upon the last available roll of San Diego County.
D.The City Clerk is ordered to file a certified copy of this Resolution, together with the Report of Proceedings and Account of Costs attached thereto, with the County Auditor of the County of San Diego prior to August 8, 2022. Pursuant to California Government Code Section 39580 through 39586 inclusive and the Vista Municipal Code Section 8.60.120, the County Auditor shall enter each assessment as set forth in the Report of Proceedings and Account of Costs, attached hereto, on the County Tax Roll opposite the parcel of land referred to. The amount of the assessment shall be collected at the same time and in the manner of ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as provided for ordinary municipal taxes.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 14, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER C. CHUNG, ACTING CITY ATTORNEY
By:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20220602105707
06/14/2022 PH5 4 of 6
Charge plus
Administrative Fee
APN Property Cleared Address
1,906.68$ 159-240-28-00 2167 N SANTA FE AVENUE
970.00$ 161-051-26-00 1564 N SANTA FE AVENUE
1,687.00$ 173-091-28-00 1225 N SANTA FE AVENUE
970.00$ 162-191-01-00 322 DURIAN STREET
1,877.00$ 162-493-30-00 1435 OLIVE AVENUE
3,151.78$ 217-131-58-00 PLUMOSA AVENUE, VACANT
1,538.00$ 183-130-14-00 1860 WATSON WAY
970.00$ 166-183-44-00 740 MCGAVRAN TERRACE
1,700.00$ 176-110-55-00 SHELSTEVE TERRACE, VACANT
11,347.50$ 181-162-14-00 1540 CLEVELAND TRAIL SHERRY L CODDINGTON $26,117.96
ZITRO-CA, LLC
DIAMOND LIVING ESTATES, LLC
GREGORY J HAYDEN TRUST
JOE AND SUSAN ALDANA
WINIKWORTH, LLC
Property Owner
AE INVESTMENTS GROUP, LLC
DENYA, LLC
BELLA VISTA LUX APTS, LLC
MARK R MARTIN
CITY OF VISTA
FISCAL YEAR 2021/2022
REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS
WEED ABATEMENT TAX LIENS
2021/22 ASSESSMENT
06/14/2022 PH5 5 of 6
EXHIBIT 2
TOTAL OF WEED ABATEMENT PROGRAM:35,006.37$
(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
06/14/2022 PH5 6 of 6
EXHIBIT 3