ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: C8
Prepared by: Maia Hodge, Management Analyst Meeting Date: May 23, 2023 Approved by:
Roy O. Palmer, Interim Fire Chief
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: COLLECTION OF DELINQUENT 2022 WEED ABATEMENT CHARGES RECOMMENDATION:
1.Adopt City Council Resolution No. 2023- , declaring its intent to set a public hearing for collection of delinquent 2022 weed abatement charges.
2.Set June 13, 2023, as the date of the public hearing to levy assessments on the 2023 property tax roll for collection of delinquent 2022 weed abatement charges.
CORRELATION TO CITY COUNCIL GOALS: Public Safety and a Cleaner Vista.
PRIOR ACTION: On June 14, 2022, adopted City Council Resolution No. 2022-95, 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 (Vote: 5-0).
On May 24, 2022, City Council Resolution No. 2022-72, declaring its intent to set a public hearing for collection of delinquent 2021 weed abatement charges (Vote: 5-0).
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).
A comprehensive list of prior City Council actions is included as Exhibit 4.
STATEMENT ON THE SUBJECT: Vista Municipal Code (VMC) Chapter 8.60, Weed and Rubbish Abatement Procedures, authorizes the City of Vista 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 1,610 parcels were identified in the first wave of review by Fire Prevention staff, and 631 of the parcels fell within City jurisdiction, with the remaining parcels falling within the jurisdiction of the Vista Fire Protection District. Notices were sent to owners in April 2022, with follow-up inspections beginning June 2022.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/23/2023 C8 1 of 6
Approved above recommendation, adopted City Council Resolution No. 2023-79.
Vote: 5-0
MEETING DATE: MAY 23, 2023 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT 2022 WEED ABATEMENT CHARGES The majority of parcels were cleared by the owners or person(s) in charge. The remaining 11 parcels were cleared in January 2023 by a contractor hired by the City. In March 2023, invoices for the contractor’s work and the administrative fees were sent to the property owners.
The parcels and the amounts to be collected, listed in Exhibits 2 and 3, represent the delinquent charges as of May 10, 2023. If authorized by City Council, a public hearing will be set for June 13, 2023 to levy assessments on the 2023 property tax roll for collection of delinquent 2022 weed abatement charges. The total outstanding balance is $25,171.51. 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 $25,171.51. 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. 2023- , declaring its intent to set a public hearing for collection of delinquent 2022 weed abatement charges
2.Report of Proceedings and Account of Costs
3.Summary of Special Assessment – Weed Abatement
4.Prior Actions
05/23/2023 C8 2 of 6
00029213 7
RESOLUTION NO. 2023-
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 2022 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 13, 2023, 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 2023 property tax roll.
B. The City Clerk is hereby directed to post a copy of the 2022 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 23, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230509120632
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/23/2023 C8 3 of 6
EXHIBIT 1
CITY OF VISTA
FISCAL YEAR 2022/2023
REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS
WEED ABATEMENT TAX LIENS
2022/23 ASSESSMENT
Charge plus
Administrative Fee APN Property Cleared Address Property Owner 9,115.42$ 181-162-14-00 1540 CLEVELAND TRAIL SHERRY L CODDINGTON 1,539.50$ 173-512-16-00 VIA CHRISTINA, VACANT LAND JACKSON LAYNE, INC 1,239.75$ 169-100-16-00 1060 BUENA VISTA DR DOUGLAS FAMILY TRUST 1,329.13$ 176-110-55-00 SHELSTEVE TERRACE, VACANT LAND WINICKWORTH LLC 1,539.50$ 166-150-70-00 415 LA TORTUGA DR HACIENDA LAND DEVELOPMENT LLP 2,769.98$ 184-102-44-00 BLUEBIRD CANYON RD, VACANT LAND KB HOME CALIFORNIA, LLC 5,523.91$ 180-290-17-00 WEST OF 2250 ALTA VISTA DR PARAMOUNT DEVELOPMENT PROPERTIES, LLC 2,114.32$ 184-081-30-00 BUENA CREEK RD, VACANT LAND OAK CREEK VISTA OWNERS ASSN 25,171.51$
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EXHIBIT 2
TOTAL OF WEED ABATEMENT PROGRAM:41,075.84$
(Contractor charges and administrative fees)
PAID BY PROPERTY OWNERS (15,904.33)$
AMOUNT TO BE RECOVERED AS SPECIAL ASSESSMENT
THROUGH COUNTY TAX ASSESSOR'S OFFICE 25,171.51$
PROCEEDINGS:
Number of parcels that were sent notices 1610
Number of parcels cleared by contractor 11
Number of parcels cleared by owners 1599
CONTRACTOR CHARGES 30,735.84$
ADMINISTRATIVE FEES 10,340.00$
TOTAL 41,075.84$
COLLECTED THROUGH BILLING 15,904.33$
AMOUNT TO BE RECOVERED THROUGH:
Special Assessment on SD County Property Tax Through
Collections 25,171.51$
TOTAL 41,075.84$
CITY OF VISTA
SUMMARY OF SPECIAL ASSESSMENT - WEED ABATEMENT
AS OF 5/10/2023
05/23/2023 C8 5 of 6
EXHIBIT 3
PRIOR CITY COUNCIL ACTIONS
On June 14, 2022, adopted City Council Resolution No. 2022-95, 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 (Vote: 5- 0).
On May 24, 2022, adopted City Council Resolution No. 2022-72, declaring its intent to set a public hearing for collection of delinquent 2021 weed abatement charges (Vote: 5-0).
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).
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EXHIBIT 4
CITY OF VISTA
Charge plus
Administrative Fee APN Property Cleared Address Property Owner 9,115.42$ 181-162-14-00 1540 CLEVELAND TRAIL SHERRY L CODDINGTON 1,539.50$ 173-512-16-00 VIA CHRISTINA, VACANT LAND JACKSON LAYNE, INC 1,239.75$ 169-100-16-00 1060 BUENA VISTA DR DOUGLAS FAMILY TRUST 1,329.13$ 176-110-55-00 SHELSTEVE TERRACE, VACANT LAND WINICKWORTH LLC 1,539.50$ 166-150-70-00 415 LA TORTUGA DR HACIENDA LAND DEVELOPMENT LLP 2,769.98$ 184-102-44-00 BLUEBIRD CANYON RD, VACANT LAND KB HOME CALIFORNIA, LLC 2,114.32$ 184-081-30-00 BUENA CREEK RD, VACANT LAND OAK CREEK VISTA OWNERS ASSN 19,647.60$
ADD TO PACKET
FISCAL YEAR 2022/2023
REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS
UPDATED 5/22/2023
WEED ABATEMENT TAX LIENS
2022/23 ASSESSMENT
C8
TOTAL OF WEED ABATEMENT PROGRAM:41,075.84$
(Contractor charges and administrative fees)
PAID BY PROPERTY OWNERS (21,428.24)$
AMOUNT TO BE RECOVERED AS SPECIAL ASSESSMENT
THROUGH COUNTY TAX ASSESSOR'S OFFICE 19,647.60$
PROCEEDINGS:
Number of parcels that were sent notices 1610
Number of parcels cleared by contractor 11
Number of parcels cleared by owners 1599
CONTRACTOR CHARGES 30,735.84$
ADMINISTRATIVE FEES 10,340.00$
TOTAL 41,075.84$
COLLECTED THROUGH BILLING 21,428.24$
AMOUNT TO BE RECOVERED THROUGH:
Special Assessment on SD County Property Tax Through
Collections 19,647.60$
TOTAL 41,075.84$
CITY OF VISTA
SUMMARY OF SPECIAL ASSESSMENT - WEED ABATEMENT
AS OF 5/22/2023
ADD TO PACKET
C8