ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: C7
Prepared by: Maia Hodge, Management Analyst Meeting Date: May 28, 2024 Approved by:
Gerard Washington, Fire Chief
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: COLLECTION OF DELINQUENT 2023 WEED ABATEMENT CHARGES RECOMMENDATION:
1.Adopt City Council Resolution No. 2024- , declaring its intent to set a public hearing for collection of delinquent weed abatement charges.
2.Set June 11, 2024, as the date of the public hearing to levy assessments on the 2024 property tax roll for collection of delinquent 2023 weed abatement charges.
CORRELATION TO CITY COUNCIL GOALS: Public Safety, Fiscal Responsibility, and A Cleaner, More Beautiful Vista.
PRIOR ACTION: On June 13, 2023, adopted City Council Resolution No. 2023-101, 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 (Vote: 5-0).
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 (Vote: 5-0).
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).
A comprehensive list of prior 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 1,602 parcels were identified in the first wave of review by Fire Prevention staff, Of this total, 597 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 owners in April 2023, with follow-up inspections beginning June 2023.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-68.
Vote: 5-0
MEETING DATE: MAY 28, 2024 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT 2023 WEED ABATEMENT CHARGES Most of the parcels were cleared by the owners or person(s) in charge of the property. The remaining 4 parcels were cleared in December 2023 by a contractor hired by the City. In March 2024, invoices for the contractor’s work and the associated administrative fees were sent to the property owners. On May 15, 2024, 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.
If authorized by City Council, a public hearing will be set for June 11 to levy assessments on the 2024 property tax roll for collection of delinquent 2023 weed abatement charges. The total outstanding balance is $14,865.80. 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 $14,865.80. 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. 2024- , declaring its intent to set a public hearing for collection of delinquent 2023 weed abatement charges
2.Report of Proceedings and Account of Costs
3.Summary of Special Assessment – Weed Abatement
4.Prior Actions
05/28/2024 C7 2 of 7
00029213 7
RESOLUTION NO. 2024-
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 2023 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 11, 2024, 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 2024 property tax roll.
B. The City Clerk is hereby directed to post a copy of the 2023 Weed Abatement Report and notice the time and place of hearing in conformity with Section 8.60.090 of the Vista Municipal Code.
05/28/2024 C7 3 of 7
EXHIBIT 1
RESOLUTION NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH 01 RESO 2024 Delinquent Weed Abatement Charges CC 2023 Resolut.docx
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 28, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240520100736
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/28/2024 C7 4 of 7
CITY OF VISTA
FISCAL YEAR 2023/2024
REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS
WEED ABATEMENT TAX LIENS
2023/24 ASSESSMENT
Charge plus
Administrative Fee APN Property Cleared Address Property Owner 5,047.30$ 181-162-14-00 1540 CLEVELAND TRAIL SHERRY L CODDINGTON 3,452.38$ 159-161-21-00 SANTA FE AVENUE, VACANT LOT VIKING INDUSTRIES, LLC 2,650.42$ 159-240-28-00 2167 N SANTA FE AVENUE AE INVESTMENTS GROUP, LLC 3,715.70$ 170-161-62-00 2918 FAIRVIEW DRIVE GEORGE EDGAR & DEBORAH L THOMAS 14,865.80$
05/28/2024 C7 5 of 7
EXHIBIT 2
TOTAL OF WEED ABATEMENT PROGRAM:14,865.80$
(Contractor charges and administrative fees)
PAID BY PROPERTY OWNERS -$
AMOUNT TO BE RECOVERED AS SPECIAL ASSESSMENT
THROUGH COUNTY TAX ASSESSOR'S OFFICE 14,865.80$
PROCEEDINGS:
Number of parcels that were sent notices 1,522
Number of parcels cleared by contractor 4
Number of parcels cleared by owners 1,518
CONTRACTOR CHARGES 11,105.80$
ADMINISTRATIVE FEES 3,760.00$
TOTAL 14,865.80$
COLLECTED THROUGH BILLING -$
AMOUNT TO BE RECOVERED THROUGH:
Special Assessment on SD County Property Tax Through
Collections 14,865.80$
TOTAL 14,865.80$
CITY OF VISTA
SUMMARY OF SPECIAL ASSESSMENT - WEED ABATEMENT
AS OF 5/15/2024
05/28/2024 C7 6 of 7
EXHIBIT 3
PRIOR ACTIONS
On June 13, 2023, adopted City Council Resolution No. 2023-101, 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 (Vote: 5-0).
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 (Vote: 5-0).
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).
05/28/2024 C7 7 of 7
EXHIBIT 4
Date: May 23, 2024
To: The Honorable Mayor Franklin and City Councilmembers From: Gerard Washington, Fire Chief
Subject: Collection of Delinquent 2023 Weed Abatement Charges After the publication of the agenda report for Collection of Delinquent 2023 Weed Abatement Charges, payment in the amount of $3,452.38 was received from Fortuna Builders/Viking Industries on weed abatement case number FWA23-0010.
The attached Exhibit 2 Report of Proceedings and Account of Costs and Exhibit 3 Summary of Special Assessment – Weed Abatement have been revised for a new total of $11,413.42.
Please add this memorandum and attachments to the City Council Agenda Packets for the City Council meeting on Tuesday, May 28, 2024.
If you have any questions, please contact Maia Hodge. Thank you.
ADD TO PACKET
C7
CITY OF VISTA
FISCAL YEAR 2023/2024
REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS
WEED ABATEMENT TAX LIENS
2023/24 ASSESSMENT
Charge plus
Administrative Fee APN Property Cleared Address Property Owner 5,047.30$ 181-162-14-00 1540 CLEVELAND TRAIL SHERRY L CODDINGTON 2,650.42$ 159-240-28-00 2167 N SANTA FE AVENUE AE INVESTMENTS GROUP, LLC 3,715.70$ 170-161-62-00 2918 FAIRVIEW DRIVE GEORGE EDGAR & DEBORAH L THOMAS 11,413.42$
ADD TO PACKET
C7
EXHIBIT 2
TOTAL OF WEED ABATEMENT PROGRAM:11,413.42$
(Contractor charges and administrative fees)
PAID BY PROPERTY OWNERS -$
AMOUNT TO BE RECOVERED AS SPECIAL ASSESSMENT
THROUGH COUNTY TAX ASSESSOR'S OFFICE 11,413.42$
PROCEEDINGS:
Number of parcels that were sent notices 1522
Number of parcels cleared by contractor 3
Number of parcels cleared by owners 1,519
CONTRACTOR CHARGES 8,593.42$
ADMINISTRATIVE FEES 2,820.00$
TOTAL 11,413.42$
COLLECTED THROUGH BILLING -$
AMOUNT TO BE RECOVERED THROUGH:
Special Assessment on SD County Property Tax Through
Collections 11,413.42$
TOTAL 11,413.42$
CITY OF VISTA
SUMMARY OF SPECIAL ASSESSMENT - WEED ABATEMENT
AS OF 5/22/2024
ADD TO PACKET
C7
EXHIBIT 3