MEETING DATE:
FEBRUARY 14, 2017
SUBJECT:
Title
RESOLUTION NO. 2017-8310 - SPECIAL ASSESSMENT FOR WEED AND NUISANCE ABATEMENT
Body
Recommendation
Recommendation
ADOPT a resolution for the Weed & Nuisance Itemized Cost Report and AUTHORIZE City Staff to deliver the same to the County of San Diego Tax Assessor and the Treasurer-Tax Collector to recover the same by way of special assessment and associated lien against the property located at 1417 Pine Heights Way.
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Not Applicable
Relevant Department Goal
Not Applicable
Introduction
Consider any objections and approve costs and expenses with court-authorized weed and nuisance abatement at 1417 Pine Heights Way, Assessor’s Parcel Number 228-120-14-00, and placement of the same as a Special Assessment on the County tax records for such real property.
Discussion
Each year the San Marcos Fire Department administers a weed abatement program to clear overgrown vegetation and related fire hazards from the City.
On March 16, 2016, the Fire Department mailed a 30-day courtesy notice and photographs of fire hazards existing on property located at 1417 Pine Heights Way, further identified as Assessor’s Parcel Number 228-120-14-00, to the non-resident property owner advising the requirement to remove all hazards and to comply with the San Marcos Municipal Code (SMMC) Chapter 8.64 (Abatement of Weeds, Shrubs, Dead Trees and Certain Waste Matter).
On April 20, 2016, after the initial courtesy 30-day notice was returned to the City, the Fire Department conducted a follow up inspection of the property and personally served the current occupant of the property with the initial courtesy notice. During this follow-up inspection, the occupant was advised that the overgrown eucalyptus tree located in the southern portion of the property, in its current state, posed an immediate fire and safety hazard to not only the property, but also to surrounding properties and improvements.
When neither the owner nor the occupant took action to clean up the property in response to the first notice, the Fire Department generated a Final Notice to Clean Premises (“Final Notice”). On July 12, 2016, the Fire Department attempted to personally serve the occupant with the Final Notice but the occupant refused to accept the notice. The occupant was then again advised that the cleanup of the property was required to remove the previously-identified fire hazard and comply with San Marcos Municipal Code (SMMC) Chapter 8.64.
The Fire Department has met with the current occupant of the property on at least three occasions since April 2016. All written and verbal notices were either disregarded and/or not accepted. Despite having eight (8) months’ notice of the need to clear the property or contact staff to resolve this issue, the owner nor the occupant took such action.
Additional inspections of the property were conducted between April 2016 and November 2016. Due to a lack of action by the owner and occupant, staff contacted the City Attorney’s Office in August 2016 and recommended the property for forced abatement. The City Attorney’s Office prepared the necessary paperwork and secured an abatement warrant after staff solicited bids from contractors and selected the lowest bid for presentation to the Court.
On December 1, 2016, the abatement warrant was approved by the San Diego Superior Court. The Fire Department caused a copy of this warrant to be served on the occupant on December6, 2016. A copy of the warrant was posted on the property for a 24-hour period to start cleanup work by the contractor. On December 8, 2016, the landscape contractor began the cleanup and trimming of the eucalyptus tree on the property, which was completed within the time permitted by the Court order.
The property owner has been provided with notice of this hearing and the opportunity to object to the proposed action or any component thereof.
The majority of property owners willingly comply with notices and remove fire hazards within the time period allowed, or will contact staff and request an extension be granted so they may clean their own property. In this case, neither the owner nor the occupant took any action to abate the hazard and did not contact staff or the City Attorney’s office requesting an extension of time to resolve this issue.
The attached exhibit details contractor cleanup costs, as well as specific administrative and leagle fees incurred. The owner’s name and address, along with costs to clean up the property are shown on the attached Weed & Nuisance Abatement Itemized Cost Report as Exhibit “A” to the accompanying resolution.
Following Council’s approval of the Weed & Abatement Itemized Cost Report and Resolution accompanying the agenda item, the approved documents will be delivered to the County of San Diego Assessor and Treasurer-Tax Collector’s Offices, with an authorization and request that they directly assess the property owner on their next property tax bill. When the lien fees are collected, they will be forwarded to the City of San Marcos.
Upon receipt of the assessed amount, the finds will be deposited into the Fire Department’s weed abatement account.
Fiscal Impact
Failure to approve the Weed & Nuisance Abatement Itemized Cost Report and authorize transition to the San Diego County Assessor and San Diego County Treasurer-Tax Collector’s Office will mean the funds expended by the City for this forced abatement proceeding will not be recovered through the tax rolls.
Attachment(s)
Resolution No. 2017-XXX
Exhibit “A” - Weed & Nuisance Abatement Itemized Cost Report
Invoice #FD17-65
Abatement Cost Order dated February 6, 2017
Prepared by: Robert Scott, Fire Division Chief/Fire Marshal
Reviewed by: Brett Van Wey, Fire Chief
Approved by: Jack Griffin, City Manager