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HomeMy WebLinkAboutItem 2b - County Weed AbatementDATE: February 6, 2018 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: RESOLUTION NO. 7198 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 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 that have been found by inspection to have hazardous weeds, brush, and rubbish, which 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. 7198 as Appendix “A”. At the request of the County, attached for City Council consideration is the adoption of Resolution No. 7198 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 20, 2018, 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. 7198 – County Weed Abatement February 6, 2018 Page 2 of 2 The nuisance abatement process also allows property owners sufficient time to clean up their properties before the County would provide services on their behalf. Quite often, on large, vacant properties, it is easier and cheaper for the property owners to allow the County to remove the weeds and debris and simply pay the nominal charge. Upon adoption of Resolution No. 7198, the County will mail annual weed abatement notices to those property owners. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. 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. Affected property owners are assessed directly for the removal of the weeds if necessary. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7198 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 20, 2018. Attachment: Resolution No. 7198 1 RESOLUTION NO. 7198 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 and other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property, constitute 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 2 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 and 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]