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Home My WebLink AboutItem 2b - Annual Weed Abatementoa�E STAFF REPORT Office of the City Clerk DATE: February 4, 2014 TO: Honorable Mayor and Members of the City Council FROM: Gene Glasco, City Clerk By: Lisa Mussenden, Chief Deputy City Clerk /Records Manager SUBJECT: RESOLUTION NO. 7007 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 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 as part of Resolution No. 7007 (Appendix "A "). At the request of the County, attached for City Council consideration is the adoption of Resolution No. 7007 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. It is also recommended that a public hearing be scheduled for February 18, 2014, at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from affected property owners. Resolution No. 7007 —Weed Abatement February 4, 2014 Page 2 of 2 Upon adoption of Resolution No. 7007, 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. 7007 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 18, 2014. Dominic Lazza City Manager Attachment: Resolution No. 7007 Appendix "A" — County Declaration List RESOLUTION NO. 7007 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 AN INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF 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 hereinaeove 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] Cry Passed, approved and adopted this day of , 2094. ATTEST. City Clerk APPROVED AS TO FORM: P. I)tz Step enh P. Deitsch City Attorney 3 Mayor of the City of Arcadia LOS ANGELES COUNTY DECLARATION LIST APPENDIX "A" CITY OF ARCADIA IN SEQ BY WEED -KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE LOCATION PARCEL KEY 06 035 SANTA ANITA CANYON RD 5765 002 013 7 06 035 SANTA ANITA CANYON RD 5765 002 014 7 06 035 CANYON RD 5765 002 900 7 06 035 MICHILLINDA AVE 5769 029 900 7 06 035 MICHILLINDA AVE 5769 029 901 7 06 035 MICHILLINDA AVE 5769 029 902 7 06 035 WHISPERING PINES DRIVE 5771 001902 7 06 035 WHISPERING PINES DRIVE 5771 032 013 7 06 035 TORREY PINES DRIVE 5771 033 015 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 06 035 153 E SANTA CLARA ST 5773 007 009 7 06 035 INDIANA ST 5773 010 905 7 06 035 INDIANA ST 5773 010 906 7 06 035 INDIANA ST 5773 010 907 7 06 035 INDIANA ST 5773 011922 7 06 035 INDIANA ST 5773 011923 7 06 035 INDIANA ST 5773 011924 7 06 035 INDIANA ST 5773 011925 7 06 035 INDIANA ST 5773 011926 7 06 035 3RD AVENUE 5773 015 937 7 06 035 3RD AVENUE 5773 015 938 7 06 035 3RD AVENUE 5773 015 939 7 06 035 3RD AVENUE 5773 015 940 7 06 035 3RD AVENUE 5773 015 941 7 06 035 3RD AVENUE 5773 015 942 7 06 035 3RD AVENUE 5773 015 943 7 06 035 3RD 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 3RD AVENUE 5773 015 948 7 06 035 3RD AVENUE 5773 015 949 7 06 035 3RD AVENUE 5773 015 950 7 06 035 3RD AVENUE 5773 015 951 7 06 035 175 COLORADO PLACE 5775 015 027 7 06 035 COLORADO BLVD 5775 022 900 7 06 035 COLORADO BLVD 5775 022 901 7 LOS ANGELES COUNTY DECLARATION LIST APPENDIX "A" CITY OF ARCADIA IN SEQ BY WEED -KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE LOCATION PARCEL KEY 06 035 FOOTHILL FWY 5775 026 902 7 06 035 FOOTHILL FWY 5775 026 903 7 06 035 FOOTHILL FWY 5775 026 904 7 06 035 FOOTHILL FWY 5775 026 905 7 06 035 CORNELL RD 5775 026 906 7 06 035 E DUARTE RD 5779 015 041 7 06 035 201 E DUARTE RD 5779 018 040 7 06 035 203 E DUARTE RD 5779 018 050 7 06 035 LEROY AVENUE 5784 020 014 7 06 035 LIVE OAK AVENUE 5790 027 034 7 06 035 CLARK ST 8532 016 001 7 06 035 CLARK ST 8532 016 003 7 06 035 CLARK ST 8532 016 004 7 06 035 CLARK ST 8532 016 022 7 06 035 GOLDING RD 8532 018 005 7 06 035 GOLDING RD 8532 018 011 7 06 035 122 E LIVE OAK AVE 8573 024 005 7 06 035 128 E LIVE OAK AVE 8573 024 006 7 TOTAL VACANT /IMPROVED RECORDS 0 TOTAL UNIMPROVED RECORDS 57 TOTAL RECORDS 57