Item 5 - 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2022-2023July 19, 2022, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 19, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /A David DeVries, City Planner (858) 668-4604 or ddevries@poway.org CITY COUNCIL 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2022-2023 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 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 the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving the 2021 weed and nuisance abatement charges to be collected on the County tax assessor's roll for fiscal year 2022-2023. 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's contractor clears vegetation on some private properties in response to the notification sent. 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 1 of7
July 19, 2022, Item #5amount is billed directly to the property owner. Should the directly billed property owner(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 2021, the City completed work on 51 City-owned properties and sent 240 notifications to private property owners. Of the 240 private properties notified, the City contractor abated 18 properties. Of those 18 properties, a total of four properties will be charged and assessed costs on their property tax bill for Fiscal Year 2022-2023, as 14 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 four 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 $8,233.51 on the Fiscal Year 2022-2023 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, July 7, 2022 and mailed to the four property owners with weed abated properties. Attachments: A Resolution B. 2021 Weed Abatement Program Notice Letter Reviewed/ Approved By: Assistant City Manager 2 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
July 19, 2022, Item #5RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE 2021 WEED AND NUISANCE ABATEMENT CHARGES TO BE COLLECTED ON THE COUNTY TAX ASSESSOR'S ROLL FOR FISCAL YEAR 2022-2023 WHEREAS, the City Council of the City of Poway directs weed and nuisance abatement charges for the 2021 weed abatement season to be collected on the Fiscal Year 2022-2023 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 July 19, 2022, 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 four 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 2022-2023 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. This Section Intentionally Left Blank 3 of 7 ATTACHMENT A
July 19, 2022, Item #5Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 4 of7
July 19, 2022, Item #55 of 7 EXHIBIT A Resolution No. 22-Page 3 2021 PRIVATE NUISANCE AND WEED ABATEMENTS Private Property Weed Abatements to be Assessed to Tax Rolls Assessor Parcel Number Invoice Amount 3172222200 $ 2,961.97 3163213700 $ 1,512.08 3175200600 $ 3,146.88 3210112500 $ 612.58 Total to be Assessed $ 8,233.51
July 19, 2022, Item #55 of7 EXHIBIT A Resolution No. 22-Page 3 2021 PRIVATE NUISANCE AND WEED ABATEMENTS Private Property Weed Abatements to be Assessed to Tax Rolls Assessor Parcel Number Invoice Amount 3172222200 $ 2,961.97 3163213700 $ 1,512.08 3175200600 $ 3,146.88 3210112500 $ 612.58 Total to be Assessed $ 8,233.51
July 19, 2022, Item #5STEVE VAUS, Mayor CITY OF POWAY BARRY LEONARD, Deputy Mayor CA YLIN FRANK, Council member DA VE GROSCH, Councilmembcr JOI-IN MULLIN, Councilmcmbcr April 22, 2021 (Owner Address) Subject: Courtesy Notice -Mandatory Vegetation Management Self-Certification Form Property ID: <property address>; APN <parcel number> 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 within predetermined Abatement Areas on your property. This abatement must be completed on or before June 18, 2021. 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" self-certification form no later than May 20, 2021. If you are not the current owner of the subject property, please let us know so we may attempt to contact the new owner. Should you give the City written permission to reduce vegetation, the cost of the abatement, plus a $175.00 administrative fee, may be paid after invoicing or will be forwarded to the County Tax Assessor's Office and added to your property tax bill, or collected by other methods. 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 complete the work. Please contact Daniel Welte, at (858) 668-4664 or codecompliance@poway.org, should you have any questions about abatement costs. Failure to return the enclosed "Notification of Abatement" self-certification form within the indicated deadline may result in a Notice of Violation issued to you. Should the predetermined Abatement Area(s) containing weeds, dry grasses, dead shrubs, or dead trees on your property remain in non-compliance on or after June 18, 2021, the City may issue administrative citations after issuance of a Notice of Violation. Further non-compliance may result in abatement of the nuisance vegetation on your property by the City's contractor at the owner's expense. If you are unsure as to where the Abatement Area is located on your property, please contact Poway's Code Compliance Division for assistance. We thank you in advance for your contribution toward enhancing your community's protection against wildfires. Should you have any questions, please do not hesitate to contact Poway's Code Compliance Division at (858) 668-4660 or CodeCompliance@poway.org Sincerely, Scott Post Deputy Fire Chief SAFETY SERVICES DEPARTMENT Enclosures: Notice to Clean Premises Notification of Abatement Daniel Welte Code Compliance Officer, Program Coordinator DEVELOPMENT SERVICES DEPARTMENT ATTACHMENT B City Hall Located at 13325 Civic Center Drh·c Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.ol'g
July 19, 2022, Item #5NOTIFICATION OF ABATEMENT SELF-CERTIFICATION PLEASE CHECK ONE OF THE BOXES BELOW AND SIGN, THEN RETURN THE FORM BY MAY 20, 2021 D This is to certify that by June 18, 2021, 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 predetermined Abatement Area, and will notify the City of such action no later than May 20, 2021, by mailing this form to Code Compliance, P.O. Box 789, Poway, CA 92074-0789, emailing it to codecompliance@poway.org, or faxing it to (858) 668-1212. By returning, this form, I certify that my property will be in full compliance with Poway's Vegetation Management Program rules, regulations and standards, on or before the indicated deadline. I am further aware that failure to return this notice or bring my property into compliance may result in issuance of citation(s), after a Notice of Violation has been issued, including any Notice of Violation for the same non-compliant condition occurring within the last calendar year. I am also aware that I may contact Poway's Code Compliance Division should any related brush removal work be delayed until after the deadline. If this property is not abated by June 18, 2021, I understand that the City may proceed with a Notice of Violation, issuance citation(s) and/or having the property abated by the City's contractors. Upon abatement by the City, the costs incurred by 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: <Square Footage> • Estimated Abatement Cost by City Contractor ($0.039 per square foot)+ $175.00: <Cost @ $3.90 per Unit+ $175> 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 predetermined Abatement Area, and will notify the City no later than May 20, 2021, 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 <Parcel Number> (REQUIRED) Please print legibly and completely fill in each section below: DATE: PRINTED NAME: SIGNATURE: ADDRESS: ________________________ _ PHONE: ___________________ _ EMAIL: 7 of7 □ Please check here if there is construction activity or existing structures on the above parcel(s) at this time.