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Home My WebLink AboutItem 2a: Resolution No. 6856 scheduling the protest Weed Abatement Public Hearing.�7I DATE TO: FROM: STAFF REPORT Office of the City Clerk February 5, 2013 Honorable Mayor and Members of the City Council Gene Glasco, City Clerk Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: RESOLUTION NO. 6856 DECLARING THAT WEEDS, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF; AND SCHEDULE THE PROTEST PUBLIC HEARING FOR FEBRUARY 19, 2013. Recommendation: Adopt SUMMARY The County of Los Angeles Department of Agricultural Commissioner/Weights and Measures (the "County ") has submitted a "Declaration List" of private properties within the City which have been found by inspection to have hazardous weeds, brush, and rubbish that constitute an existing or potential hazard to the health and safety of adjacent property owners. The County recommends that the City Council adopt a resolution declaring that the conditions are a public nuisance and must be abated or removed. BACKGROUND Annually, the County inspects properties located in the City of Arcadia and declares that hazardous conditions upon or in front of certain private property are a public nuisance and must be removed or abated. A list of those affected properties which have been found to have weeds, brush and /or rubbish growing or occurring upon them is attached to this staff report (Appendix "A "). Staff Report regarding Weed Abatement February 5, 2013 Page 2 At the request of the County, attached for City Council adoption is Resolution No. 6856 declaring that weeds, brush and rubbish and refuse upon or in front of specified property in the City are a seasonal and recurrent public nuisance, and declaring its intention to provide for the abatement thereof. Resolution No. 6856 also schedules a public hearing for February 19, 2013, at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from the affected property owners. Upon adoption of Resolution No. 6856, the County will mail annual weed abatement notices to those property owners. FISCAL IMPACT There is no fiscal impact to the General Fund as a result of the County abating or removing nuisances from those properties located in the City of Arcadia. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6856 declaring that weeds, brush, rubbish, and refuse upon or in front of specified property in the City are a seasonal and recurrent public nuisance, and declaring its intention to provide for the abatement thereof; and schedule the protest public hearing for February 19, 2013. Approved: Dominic Lazaretto City Manager Attachment: Resolution No. 6856 RESOLUTION NO. 6856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF; AND SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEARING FOR FEBRUARY 19, 2013 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or private property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or are otherwise noxious or dangerous, or a public nuisance. B. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard. C. That by reason of the foregoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property, constitutes a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to -wit: That 1 certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this City Council heretofore made, the City Council determines that the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner /Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspection. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] K LOS ANGELES ■ CITY OF ARCADIA 'N SEQ BY Ir UNIMPROVEA - DATE: 1/03/13 Z{ N'E 06 CITY CC71 E LOCAT`ION 035 JSANTA ANITA CANYON RD PARCEL 5765 007 013 KEY 7 06 035 SANTA ANITA CANYON D 5765 002 014 7 06 035 CANYON RD 5765 002 900 7 06 035 MICHILLINDA AVE 5769 029 900 7 06 035 MICH'ILLINDA AVE _ 57- 9 029 901 7 06 035 MICHILLINDA AVE 5769 029 902 7 06 035 WHISPERING PINES DRIVE 5771001902 7 06 035 WHISPERING PINES DRIVE 5771.032 033 7 06 035 TORREY PINES DRIVE 5771033 01.5 7 06 035 FLOWER ST 5773 005 900 7 06 035 FLOWER ST 5773 005 901 - - 7 06 035 _ FRONT ST 5773 006 914 7 06 06 035 035 153 E SANTA CLARA ST INDIANA ST 5773 007 009 5773 010 905 7 7 06 035 INDIANA ST 5773 010 906 7 06 035 INDIANA ST 5773 010 907 _ 7 6 035 INDIANA ST 5773 011922 7 06 035 INDIANA ST 5773 0119:23 7 06 035 INDIANA ST 5773 011 924 7 06 035 INDIANA ST 5773 01.1 92'5 7 06 035 INDIANA ST 5773 011926, 7 06 035 3RD AVENUE 5773015937 7 06 035 311D AVENUE 5773 015 938 7 06 035 3RD AVENUE 5773 015 939 7 06 035 3RD AVENUE 5773 015 940 - 7 06 06 035 035 3RD AVENUE 3RD AVENUE _. 5773 015 941 ~ 5773 01.5 942 7 7 06 035 3RD AVENUE 5773 015 943 7 06 035 311D AVENUE- 5773 015 944 7 06 035 3RD AVENUE 5773 015 945 �7 06 035 3RD AVENUE 5773 015 946 7 06 035 3RD AVENUE 5773 015 947 7 06 035 13RD AVENUE 5773 01.5 948 7 06 035 3RD AVENUE 5773 015 949 7' 06 035 3RD AVENUE 5773 015 950_ 7 06 035 3RD AVENUE 5773 015 9,51 7 06 035 175 COLORADO PLACE W5775 015 027 7 06 035 COLORADO BLVD 5775 022 900 - 7 06 035 COLORADO BLVD 5775 022 901 - 7 06 035 SANTA CLARA STREET - X5775 025 908 7 LOS ANGELES COUNTY DECLARATION LIST CITY OF ARCADIA IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED DATE: 1/03/13 ZONE CITY CODE ---LOCATION - PARCEL KEY 06 035 FOOTHILL FWY 5775 026, 902 7 035 FOOTHILL FWY 1 5775 026 903 06 035 FOOTHILL FWY 5775 O26' 904 7 r06 035 F99THILL FWY 5775 7 035, �CORNELL RD 5775 026 906 7 _�77 577 �06 035 E DUARTE RD - 5779 7 035 201 E DUARTE RD 5779018040 7 035 203 E DUARTE RD 5779018051 06 035 LEROY AVENUE 5784 020 014T-"" 7 06 035 LAS TUNAS DR 5788 022 017 7 06 035 _LIVE OAK AVENUE 5790027034 7 06 035 A K ST 8532 016 001 7 06 035 CLARK ST F8_5 U 01 00 0 3 7-' 06 035 CLARK ST _r8532 016 004 7 06 035 CLARK ST 8532 016 022 7_ F06 035 � GOL 7 DING RD 8532 018 00 E 7 035 �GOLDINGRD_ 1 8532 018 0.11 i 7 06 035 122 E LIVE OAK AVE ---F8-573024--0051 7 1 06 035 1128 E LIVE OAK AVE _t:855:743 0q2�4_0_06�'_7 TOTAL VACANT /IMPROVED RECORDS 0 TOTAL UNIMPROVED RECORDS L-TOTAL RECORDS Page 2 of 2