Item 18 - 2019 Weed and Nuisance Abatement Charges to be Collected on the County Tax Roll for FY 2020-21June 16, 2020, Item #18DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway June 16, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fJ/l David Devries, City PlannervVJV (858) 668-4604 or ddevries@poway.org CITY COUNCIL 2019 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2020-2021 Each year, funds are budgeted for weed and nuisance abatement on City parcels and other privately-owned properties that elect to have the City complete their abatement work. Property owners are notified that all abatement costs incurred by the City will be assessed on the tax rolls if they choose not to pay the invoice at the time of issuance. The City Council must approve the list of parcels being assessed prior to their inclusion on the San Diego County (County) Tax Assessor's roll. For properties that receive no tax bill, property owners are directly billed. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: Weed Abatement and Vegetation Management are effective fire prevention and mitigation methods to help protect property. Every year, the City notifies previously-identified property owners by letter that annual property maintenance is required in specific vegetation abatement areas (Attachment B). Property owners are typically required to mow or weed-whip the annual re-growth of weeds, but may also have to remove dead trees, shrubs or other material that pose a significant fire hazard. In addition to completing this work on City-owned properties, the City sends several hundred notifications to private and government property owners every Spring. The property owner(s) may complete the work themselves or choose to allow the City to complete the work. If the City does the work, the property owner may pay the bill for the weed abatement, or have the cost added to the property's tax bill. The amount charged in any given year does not appear on a property's tax bill until the following year of the date(s) the work had been completed. If a property does not have a tax assessment, the amount is billed directly to the property owner. Should the directly billed property 1 of 8
June 16, 2020, Item #18owner(s) fail to pay, the City may initiate collection action, such as a lien or other means of collection. Any duly noticed property owner that fails to complete the necessary brush reduction on his or her property is issued a Notice of Violation. Should the owners fail to comply, the overgrown vegetation is addressed by the City through the abatement procedure outlined in Poway Municipal Code Chapter 8.76. In 2019, the City completed work on 65 City-owned properties and sent 251 notifications to private property owners. Of the 251 private properties notified, the City contractor abated 11 properties. Of the 11 properties, a total of three of these properties will be charged and assessed costs on their property tax bill for Fiscal Year 2020-2021, as six owners have paid their invoices. The remaining two properties will be billed directly, as they do not receive property tax bills. Each privately-owned parcel abated is responsible for the cost of the abatement work, plus an administrative fee of $175 per the City's Master Fee Schedule. A list of the 3 privately-owned vegetation management properties where the abatement costs will be collected on the Assessor's Tax Roll is included as Exhibit A of the proposed resolution (Attachment A). Environmental Review: This item is not a Project pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: The Resolution authorizes the reimbursement to the City for any costs incurred for the abatement of weeds and public nuisances from property owners through assessments on the County tax roll. Each parcel abated for weeds is assessed an administrative fee of $175. The City will place $5,642.00 on the Fiscal Year 2020-2021 tax roll to recover the cost of the property abatements. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 4, 2020 and mailed to the five property owners with weed abated properties. Attachments: A. Resolution B. 2019 Weed Abatement Program Notice Letter Reviewed/ Approved By: Assistant City Manager 2 of 8 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 16, 2020, Item #18RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE 2019 WEED AND NUISANCE ABATEMENT CHARGES TO BE COLLECTED ON THE COUNTY TAX ASSESSOR'S ROLL FOR FISCAL YEAR 2020-2021 WHEREAS, the City Council of the City of Poway directs weed and nuisance abatement charges for the 2019 weed abatement season to be collected on the Fiscal Year 2020-2021 tax roll, in the same manner, by the same persons, and at the same time as, together with, and not separate from, the general taxes as provided in the Government Code; WHEREAS, Chapters 8.72 and 8.76 of the Poway Municipal Code (PMC), respectively, establish the procedures for nuisance and weed abatement by notifying property owners of the necessity for abatement and authorize collection of abatement charges on the tax roll prepared by the San Diego County Tax Assessor; WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this action; and WHEREAS, a list of the three privately-owned vegetation management properties is attached hereto as "Exhibit A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The report submitted to the City Council setting forth weed abatement charges as established by PMC Chapter 8. 76 and attached hereto as "Exhibit A" is hereby approved. Said charges shall be collected on the Fiscal Year 2020-2021 San Diego County Assessor's Tax Roll; SECTION 2: The City Clerk is directed to file a certified copy of this Resolution with the Clerk of the Board of Supervisors and the Auditor of the County of San Diego, State of California. 3 of 8 ATTACHMENT A
June 16, 2020, Item #18Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of June, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4 of 8
June 16, 2020, Item #185 of 8 EXHIBIT A Resolution No. 20-Page 3 2019 PRIVATE NUISANCE AND WEED ABATEMENTS Private Property Weed Abatements to be Assessed to Tax Rolls Assessor Parcel Number 2783004600 3160202500 3172222200 Total to be Assessed $ $ $ $ Invoice Amount 1,106.00 2,160.00 2,376.00 5,642.00
June 16, 2020, Item #18STEVE VAUS, Mayor CITY OF POWAY DA VE GROSCH, Deputy Mayor CA YLIN FRANK, Councilmember BARRY LEONARD, Councilmember JOHN MULLIN, Councilmember May 15, 2019 SANTA RITA INVESTMENT CO 1001 8 AVE #207 CORONADO CA 92118 Subject: Mandatory Vegetation Management Property ID: Address Unknown APN: 2731000400 Dear Poway Property Owner: The City of Poway is currently conducting its annual VEGETATION MANAGEMENT PROGRAM in accordance with Poway Municipal Code (PMC) Chapter 8. 76.035. In order to reduce the risk of vegetation fires, weeds, dry grasses, dead shrubs, dead trees, and excessive dry plant debris must be mowed or reduced from predetermined abatement areas on your property. This abatement must be completed by June 17, 2019. You may choose to do the work yourself, hire an independent contractor, or elect to have the City abate the property. Please fill out and submit the enclosed "Notification of Abatement" form within 10 days, no later than May 25, 2019. If you are not the current owner of the subject property, please let us know so we may attempt to contact the new owner. If the abatement areas containing weeds, dry grasses, dead shrubs, or dead trees on your property are not abated by June 17, 2019, the City will complete the work. The cost of the abatement, plus a $175.00 administrative fee, will be forwarded to the County Tax Assessor's Office and added to your property tax bill. For your convenience, you may review a Vegetation Management Program-FAQ and a Vegetation Management Contractor's list that are available on the City of Poway's website, www.poway.org or contact the City of Poway's Code Compliance Division, and they may mail or fax you the information. If you have any questions regarding the enclosed information, feel free to contact us at (858) 668-4664 or (858) 668-4668. Our fax number is (858) 668-1212. We are frequently in the field, so please phone ahead of time should you desire to meet in person. Thank you in advance for your cooperation. Sincerely, SAFETY SERVICES DEPARTMENT Jon Canavan Deputy Fire Chief Enclosures: Notice to Clean Premises Notification of Abatement DEVELOPMENT SERVICES DEPARTMENT Daniel Welte Code Compliance Officer City Hall Located at 133 25 Civic Center Drive 6 of 8 Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org ATTACHMENT B
June 16, 2020, Item #18APN: 2731000400 Notice is hereby given that any weeds. grasses. dead shrubs. dead trees. and debris located in the Abatement Area on the lot or parcel of land in the City of Poway, California, as described above by County Tax Assessor's Parcel Number, and/or in the street, sidewalk and parkway adjacent thereto, are considered a public nuisance in that they are a fire hazard, or in all probability will become a fire hazard, Per Poway Municipal Code Section 8.76.035. Additionally, any debris thereon that might interfere with the abatement of the weeds, grasses, dead shrubs, dead trees and debris is also deemed a public nuisance. Said public nuisances are required to be abated on or before June 17, 2019. If not abated on or before this date, the City of Poway will authorize abatement and the costs thereof will be assessed against the land and collected through routine tax billing. An administrative fee of one-hundred-seventy-five dollars ($175.00) per parcel abated will be added to the abatement costs. The owner of the land, or authorized agent thereof, may make a written appeal within ten days from the date of this notice to the City Manager of the City of Poway, Post Office Box 789, Poway, California 92074-0789. This notice is given pursuant to the provisions of Section 8.76.050 of the Poway Municipal Code of the City of Poway, California. Daniel Welte Dated May 15, 2019 Code Compliance Officer 7 of 8
June 16, 2020, Item #18NOTIFICATION OF ABATEMENT D This is to certify that by June 17, 2019, I will remove the fire hazards (which consist of weeds, dry grasses, dead shrubs, dead trees, or excessive dry plant debris) from the property described below, and will notify the City of such action no later than May 25, 2019, by mailing this form to Code Compliance, P.O. Box 789, Poway, CA 92074-0789, faxing it to (858) 668-1212 or emailing to codecompliance@poway.org. If this property is not abated by June 17, 2019, I understand that the City will proceed with having the property abated by City contractors, and the actual cost, plus a $175.00 per parcel administrative fee, will be added to my property tax bill. D This is to certify that I authorize the City of Poway to remove the fire hazards (which consist of weeds, dry grasses, dead shrubs, dead trees, or excessive dry plant debris) from the property described below, and will notify the City no later than May 25, 2019, by mailing this form to P.O. Box 789, Poway, CA 92074-0789, faxing it to (858) 668-1212 or emailing to codecompliance@poway.org. By authorizing the City of Poway to remove the fire hazards. I recognize that the costs of such removal. plus a $175.00 per parcel administrative fee. will be added to my property tax bill. PROPERTY DESCRIPTION APN: 2731000400 (REQUIRED) Please print legibly and completely fill in each section below: DATE: PRINTED NAME: SIGNATURE: ADDRESS: PHONE: -----------------------EMAIL: □ Please check here if there is construction on the above parcel(s) at this time. 8 of 8