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Item 26 - 2020 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 21-22June 15, 2021, Item #26DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway June 15, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ David DeVries, City Planner 'v ~ V (858) 668-4604 or ddevries@poway.org CITY COUNCIL 2020 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2021-2022 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 15, 2021, Item #26owner(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 2020, the City completed work on 68 City-owned properties and sent 251 notifications to private property owners. Of the 251 private properties notified, the City contractor abated 13 properties. Of the 13 properties, a total of two of these properties will be charged and assessed costs on their property tax bill for Fiscal Year 2021-2022, as 11 owners have paid their invoices. 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 two privately-owned weed abatement 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 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 $5,235.69 on the Fiscal Year 2021-2022 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 3, 2021 and mailed to the two property owners with weed abated properties. Attachments: A. Resolution B. 2020 Weed Abatement Program Notice Letter Reviewed/ Approved By: Assistant City Manager 2 of8 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager June 15, 2021, Item #26RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE 2020 WEED AND NUISANCE ABATEMENT CHARGES TO BE COLLECTED ON THE COUNTY TAX ASSESSOR'S ROLL FOR FISCAL YEAR 2021-2022 WHEREAS, the City Council of the City of Poway directs weed and nuisance abatement charges.for the 2020 weed abatement season to be collected on the Fiscal Year 2021-2022 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 15, 2021, 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 two privately-owned weed abatement 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 2021-2022 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 15, 2021, Item #26Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of June, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, City Clerk 4of8 June 15, 2021, Item #265 of 8 EXHIBIT A Resolution No. 21-Page 3 2020 PRIVATE NUISANCE AND WEED ABATEMENTS Private Property Weed Abatements to be Assessed to Tax Rolls Assessor Parcel Number 3172222200 3200201900 Total to be Assessed $ $ $ Invoice Amount 4,576.89 658.80 5,235.69 June 15, 2021, Item #26STEVE VAUS, Mayor CITY OF POWAY CA YLIN FRANK, Deputy Mayor DAVE GROSCH, Councilmember BARRY LEONARD, Councilmember JOHN MULLIN, Councilmember May 8, 2020 CHAMP INVESTCORP OF SAN DIEGO 11763 TREADWELL DR POWAY CA, 92064 Subject: Mandatory Vegetation Management Property ID: 0 LEONA LN; APN 3175200500 Dear Poway Property Owner: The City of Poway is currently conducting its annual VEGETATION MANAGEMENT PROGRAM in accordance with Poway Municipal Code (PMC) Section 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. IMPORTANT: THE INFORMATION CONTAINED WITHIN THIS ANNUAL NOTICE HAS CHANGED. PLEASE READ ALL OF THE INFORMATION WITHIN THIS NOTICE. This abatement must be completed by June 18, 2020. 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, 2020. 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 18, 2020, the City may 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. The estimated cost for weed abatement work on your property by the City's contractor is provided on the Notification of Abatement, should you decide to allow the City's contractor to complete the work. Please contact Daniel Welte, at (858) 668-4664 or codecompliance@poway.org, should you have any questions about abatement costs. 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 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074,0789 6 of8 fflAfflltf ffllr B June 15, 2021, Item #26APN: 3175200500 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. If you are unsure as to where the Abatement Area is located on your property, please contact Poway's Code Compliance Division for assistance. Said public nuisances are required to be abated on or before June 18, 2020. If not abated on or before this date, the City of Poway may 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 Code Compliance Officer Codecompliance@poway. orq (858) 668-4660 PO Box 789 Poway, CA 92074-0789 7 of 8 Dated May 8, 2020 June 15, 2021, Item #26NOTIFICATION OF ABATEMENT PLEASE CHECK ONE OF THE BOXES BELOW AND SIGN AND RETURN THE NOTICE BY MAY 25, 2020 D This is to certify that by June 18, 2020, 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 within the Abatement Area, and will notify the City of such action no later than May 25, 2020, 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 18, 2020, I understand that the City may proceed with having the property abated by the City's contractors, and the actual cost incurred from the City, plus a $175.00 per parcel administrative fee, will be added to my property tax bill. Estimated City costs to abate your property (this estimate is subject to change based on actual costs incurred): • Estimated Abatement Area in Square Feet: 48.143 • Estimated Abatement Cost by City Contractor ($0.039 per square foot): $1,877.58 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 within the Abatement Area, and will notify the City no later than May 25, 2020, 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 or may be paid after invoicing. PROPERTY DESCRIPTION: APN 3175200500 (REQUIRED) Please print legibly and completely fill in each section below: DATE: PRINTED NAME: SIGNATURE: ADDRESS: --------------------------PHONE: ___________________ _ EMAIL: C Please check here if there is construction activity or existing structures on the above parcel(s) at this time. 8 of 8