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Home My WebLink About75B - PH - WEED ABATEMENTCITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: PUBLIC HEARING — RESOLUTION AFFIRMING THE WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2015 -2016 (STRATEGIC PLAN NO. 5, 4E) CLERK OF COUNCIL USE ONLY: UT••:0 _k ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2ntl Reading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2015 -2016 Weed Abatement Program Report and authorizing the transmittal of uncollected weed abatement charges and postings to the Office of Auditor - Controller, County of Orange, for collection. DISCUSSION The Public Works Agency operates a year -round program to maintain private properties free of weeds and rubbish. In accordance with Santa Ana Municipal Code Section 16 -55, when unsightly or unsafe conditions are identified, City sanitation inspectors provide a courtesy notice to property owners with a seven -day Notice to Clean Premises. If the property is not cleaned by the seventh day, a Notice of Abatement is posted and mailed indicating that the City will perform the abatement work through its own contractor after a 10 day period. If the City performs the clean- up, property owners are notified of the charges and are provided an opportunity to submit payment to the City, averting a property assessment via the Orange County Auditor - Controller's Office. When a property is posted a second time within 12 months for the same violation, the City assesses a re- posting charge. Property owners have a minimum of 30 days and up to the time that the City submits the collection order to the County to make their payment(s). This year, there is $12,240 to date in outstanding charges for parcels cleaned by the City contractor and posted by City staff (Exhibit 1). Filing a property assessment through the County is the most effective method of collecting the outstanding charges. The charges are placed on the corresponding property tax rolls and paid through regular property tax assessments to the County of Orange. If a property is in default, the charges are collected when the property changes ownership. The County deadline for inclusion is August 10, 2016. The total amount of outstanding charges is subject to change due to payments received following the Council approval date but before the County deadline. The final charges will be submitted directly to the County for collection after affirmation by the Council. There is no fee to the City for this service. 75B -1 Public Hearing — Weed Abatement Public Nuisance Report 2015 -16 July 5, 2016 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy E (implement innovative code enforcement practices and strategies... to address critical livability issues citywide). FISCAL IMPACT All revenues collected will be deposited into the Sanitation Fund (Account No. 06817002 - 53710). FrJd Mousavipour Ex cutive Director Public Works Agency FM /PG Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 KCN 06/02/16 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16 -55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, a copy of which is on file with the Clerk of the Council and which is attached hereto as Attachment 1 and is incorporated by this reference as though fully set forth herein, which sets forth the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Public Works Agency has given notice as required by law, that the 5th day of July, 2016, at the hour of 5:45 p.m. is fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed forthe abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Attachment 1 is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2016, Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Resolution No. 2016 - Page 1 of 3 E 75913 Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2015 -2016 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho City Attorney By: 4 -i Kyl , Nellesen Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 2016. I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2016 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B -4 Resolution No. 2016 - Page 2 of 33 ATTACHMENT CITY OF SANTA ANA FISCAL YEAR 2015.2016 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A - FORM B2 Special Assessment Add Date: Transactions August, 2016 PARCEL NUMBER ASSESSMENT AMOUNT 16.23 PARCELNUMBER 6-i 5,, • ASSESSMENT' +;` AMOUNT I6 -23 002 - 261 -06 64 003 - 120 -44 122 TAX RATE AREA 11 -054 004- 172.43 61 UTILITY Burlington Northern 007. 121.05 61 AMOUNT $1060 007 - 202.24 64 DESCRIPTION Weed Abatement 010 - 161.07 61 SBE804.30 -11B -1 1060 011. 154.11 2189 015 - 221 -21 869 100- 231 -01 122 100- 241.31 61 101 - 055 -11 61 101 - 561 -16 61 108- 102.13 61 108- 434 -02 64 109. 731 -02 61 144. 341 -07 1322 198 - 261 -26 61 398 - 194.08 61 398. 292.02 61 398.454 -15 2196 398- 471.07 640 398.491.15 61 404. 046.12 2366 404. 072.01 61 404. 096 -07 64 407. 026 -28 61 408. 063.19 61 408.416 -10 61 410 - 083 -32 61 412 - 276 -05 61 75B -5 75B -6