ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: PH2
Prepared by: Maia Hodge, Management Analyst Meeting Date: June 13, 2023 Approved by:
Roy O. Palmer, Interim Fire Chief
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: COLLECTION OF DELINQUENT 2022 WEED ABATEMENT CHARGES RECOMMENDATION:
1.Open, conduct, and close a public hearing regarding the Fiscal Year 2022/23 Report of Proceedings and an Account of Costs for Fiscal Year 2022/23 delinquent weed abatement charges.
2.Adopt City Council Resolution No. 2023- , approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2022/23, and ordering the assessment of unpaid charges.
CORRELATION TO CITY COUNCIL GOALS: Public Safety, and Fiscal Responsibility.
PRIOR ACTION: On May 23, 2023, adopted City Council Resolution No. 2023-79, declaring its intent to set a Public Hearing for collection of delinquent 2022 weed abatement charges; and 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 (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; 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 February 21, 1967, City Council adopted 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 and addressed to the property owner or person in charge or in 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.
Of this total, 631 of the parcels fell within City jurisdiction, and the remaining parcels fell within the jurisdiction of the Vista Fire Protection District. Notices were sent to property owners in April 2022, with follow-up inspections beginning in June 2022.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/13/2023 PH2 1 of 6
Approved above recommendation, adopted City Council Resolution No. 2023-101.
Vote: 5-0
MEETING DATE: JUNE 13, 2023 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT 2022 WEED ABATEMENT CHARGES Most of the parcels were cleared by the owners or person(s) in charge of the property. 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 associated administrative fees were sent to the property owners. On May 30, 2023, parcels with an outstanding balance were posted at the Civic Center Council Chambers. The remaining parcels and the amounts to be collected are listed in Exhibits 2 and 3.
The Fiscal Year (FY) 2022/23 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, 2023, to appear on the next property tax bill as a lien. Weed abatement charges are based on the contractor's time and materials required for tractor work, handwork, and hauling. In addition, a $940 per parcel administrative fee is charged, which recovers staff costs associated with this program; this fee 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 2023/24 property tax roll.
FISCAL IMPACT: The total amount to be recovered via the tax roll is $19,647.60. 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- , approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2022/23, and ordering the assessment of unpaid charges
2. Fiscal Year 2022/23 Report of Proceedings and Account of Costs
3. Summary of Special Assessments —Weed Abatement
06/13/2023 PH2 2 of 6
RESOLUTION NO. 2023-
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 2022/23, 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 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. On May 23, 2023, the required Report of Proceedings and Account of Costs (Fiscal Year 2022/23) 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 has been filed as provided for in Section 8.60.60 of the Vista Municipal Code.
E. The public nuisance formerly existing upon said parcels have been duly abated 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 13, 2023, 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.
000292137 EXHIBIT 1
06/13/2023 PH2 3 of 6
RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
2. Action.
A. The City Council hereby confirms and approves the 2022/23 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 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, 2023. 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 13, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Beverly Roxas
20230531152807
00029213 7EXH 1 RESO 2022 Delinquent Weed Abatement Charges PH 2O23 Resoluti.docx 06/13/2023 PH2 4 of 6
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 11540 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
EXHIBIT 2
06/13/2023 PH2 5 of 6
CITY OF VISTA
SUMMARY OF SPECIAL ASSESSMENT -WEED ABATEMENT
AS OF 5/22/2023
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
EXHIBIT 3
06/13/2023 PH2 6 of 6