ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: PH2
Prepared by: Maia Hodge, Management Analyst Meeting Date: June 11, 2024 Approved by:
Gerard Washington, Fire Chief
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: COLLECTION OF DELINQUENT 2023 WEED ABATEMENT CHARGES RECOMMENDATION:
1.Open, conduct, and close a public hearing to receive testimony regarding the Fiscal Year 2023/24 Report of Proceedings and an Account of Costs for Fiscal Year 2023/24 delinquent weed abatement charges.
2.Adopt City Council Resolution No. 2024- , approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2023/24, and ordering the assessment of unpaid charges.
CORRELATION TO CITY COUNCIL GOALS: Public Safety, and Fiscal Responsibility.
PRIOR ACTION: On May 28, 2024, adopted City Council Resolution No. 2024-68, declaring its intent to set a Public Hearing for collection of delinquent weed abatement charges; and 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 (Vote: 5-0).
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).
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 to declare overgrown weeds and brush a public nuisance, if they constitute a fire hazard to buildings, or other property. As required by the noted VMC, notices to clear premises that were deemed nuisances were sent to 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 total parcels were identified in the first wave of review by Fire Prevention staff, and 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
Opened, conducted and closed the public hearing. Approved above recommendation, adopted City Council Resolution No. 2024-93. Vote: 5-0
MEETING DATE: JUNE 11, 2024 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT 2023 WEED ABATEMENT CHARGES Most parcels were cleared by the owners or person(s) in charge. The remaining 3 parcels were cleared in December 2023 by a contractor hired by the City. In March 2024, invoices for the contractor’s work and the administrative fees were sent to the property owners. On May 30, 2024, 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.
The Fiscal Year (FY) 2023/24 Report of Proceedings and Account of Costs (Exhibit 2) must be approved by the City Council and filed with the County Assessor by August 10, 2024, to appear on the next 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 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 2024/25 property tax roll.
FISCAL IMPACT: The total amount to be recovered via the tax roll is $11,413.42. 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- , approving and confirming a report and account for abatement of weeds, shrubs, dead trees, and waste matter for Fiscal Year 2023/24, and ordering the assessment of unpaid charges
2.Fiscal Year 2023/24 Report of Proceedings and Account of Costs
3.Summary of Special Assessments – Weed Abatement
4.Prior City Council Actions
06/11/2024 PH2 2 of 7
00029213 7
RESOLUTION NO. 2024-
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 2023/24, 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 28, 2024, the required Report of Proceedings and Account of Costs (Fiscal Year 2023/24) 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 not 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 11, 2024, 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.
06/11/2024 PH2 3 of 7
EXHIBIT 1
RESOLUTION NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH 1 RESO 2023 Delinquent Weed Abatement Charges PH 2023 Resoluti.docx
2. Action.
A. The City Council hereby confirms and approves the 2023/24 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 10, 2024. 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 11, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240603094705
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
06/11/2024 PH2 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 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$
06/11/2024 PH2 5 of 7
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
06/11/2024 PH2 6 of 7
EXHIBIT 3
COLLECTION OF DELINQUENT WEED ABATEMENT CHARGES
PRIOR ACTIONS
On May 28, 2024, adopted City Council Resolution No. 2024-68, declaring its intent to set a Public Hearing for collection of delinquent weed abatement charges; and 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 (Vote: 5-0).
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).
06/11/2024 PH2 7 of 7
EXHIBIT 4