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Home My WebLink AboutItem 1c: Resolution 6709: Annual Weed Abatement Program & Public Hearing for March 16, 2010DATE: February 16, 2010 TO: Honorable Mayor and Members of the City Council STAFF REPORT FROM: James Barrows, City Clerk Lisa Mussenden, Chief Deputy City Clerk/Records Manager BACKGROUND Office of the City Clerk SUBJECT: RESOLUTION NO. 6709 DECLARING THAT WEEDS, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE SEASONAL AND RECURRENT PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 16, 2010. RECOMMENDATION: ADOPT AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 16, 2010. The Los Angeles County Agricultural Commissioner has submitted the attached 2009- 2010 annual declaration list of private properties within the City of Arcadia which have been inspected by the County, and found to contain a growth of flammable weeds, brush and /or rubbish. Said weeds have attained such growth as to become, when dried, a fire menace to adjacent property. If the owner does not bring the property into compliance upon notice of dangerous conditions the County must abate the weeds. The attached Resolution No. 6709 declares that hazardous conditions upon or in front of certain private property are a public nuisance. Said Resolution also schedules a public hearing for March 16, 2010 at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from the affected property owners to the abatement of their property. Affected properties are attached as Appendix A of the Resolution. Upon adoption of this Resolution the County Agricultural Commissioner will mail notices to the affected property owners. An affidavit of mailing will be returned to the City by the County when mailing of the notice, as provided by law, has been completed. FISCAL IMPACT There is no fiscal impact to the General Fund as a result of the County abating said nuisances on those properties located in the City of Arcadia. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6709 declaring that weeds, brush, rubbish and refuse upon or in front of specified property in the city are seasonal and recurrent public nuisance, and declaring its intention to provide for the abatement thereof and schedule the protest public hearing for March 16, 2010. Approved: •a, ,�dw„b„J Don Penman City Manager RESOLUTION NO. 6709 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 TO SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEARING FOR MARCH 16, 2010 THE CITY COUNCIL OF THE CITY OF ARCADIA, 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 which 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 1 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 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 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. 2 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2010. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 Mayor of the City of Arcadia ZONE CITY CODE LOCATION PARCEL KEY 06 035 SANTA ANITA CANYON RD 5765 002 012 7 06 035 SANTA ANITA CANYON RD 5765 002 013 7 06 035 CANYON RD 5765 002 900 7 06 035 HIGHLAND VISTA DRIVE 5765 011 011 7 06 035 HIGHLAND OAK DRIVE 5765 030 010 7 06 035 NORTH OF TOREY PINES DRIVE 5771 001 007 7 06 035 WHISPERING PINES DRIVE 5771 032 013 7 06 035 TORREY PINES DRIVE 5771 033 015 7 06 035 TORREY PINES DRIVE 5771 033 016 7 06 035 TORREY PINES DRIVE 5771 033 017 7 06 035 FLOWER ST 5773 005 900 7 06 035 FLOWER ST 5773 005 901 7 06 035 FRONT ST 5773 006 910 7 06 035 153E 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 011 926 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 COLORADO BLVD 5775 022 900 7 06 035 COLORADO BLVD 5775 022 901 7 06 035 SANTA CLARA STREET 5775 025 025 7 06 035 FOOTHILL FWY 5775 026 902 7 LOS ANGELES COUNTY DECLARATION LIST DATE: 01/12/10 CITY OF ARCADIA Appendix "A" 1 ZONE CITY CODE LOCATION PARCEL KEY 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 203E DUARTE RD 5779 018 050 7 06 035 LEROY AVENUE 5784 020 014 7 06 035 NORMAN AVENUE 5788 014 013 7 06 035 LAS TUNAS DR 5788 022 017 7 06 035 LIVE OAK AVENUE 5790 027 034 7 06 035 CLARK ST 8532 016 001 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 122E 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 59 TOTAL RECORDS 59 LOS ANGELES COUNTY DECLARATION LIST DATE: 01/12/10 CITY OF ARCADIA 2