COUNCIL ACTION REQUEST FOR

Transcription

1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 3, 2018 TITLE: PUBLIC HEARING RECOVERY OF UNCOLLECTED COSTS FOR WEED ABATEMENT PUBLIC NUISANCES FOR FISCAL YEAR STRATEGIC PLAN NO. 5, 4E) F17'T:ZeI9 CONTINUED TO As Recommended As Amended Ordinance on 10 Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For FILE NUMBER ify MANAGER RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 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 7 -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 $ 1, to date in outstanding charges for fourteen 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, 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 County fee for this service

2 75B-2

3 Public Hearing Weed Abatement Public Nuisance Report July 3, 2018 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 s, All r collected will be deposited into the Sanitation Fund (Account No ). e APPROVED AS TO FUNDS AND ACCOUNTS: Fuadeiss, P. E., P. L. S. Executi a Director Public orks Agency Francisco Gutierrez #, b g Executive Director Finance & Management Services Agency FS/ PG Exhibit 1: Resolution 75B-3

4 75B-4

5 jmf 6/8/ 18 RESOLUTION NO XXX 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 OF THE REPORT 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 of the Santa Ana Municipal Code, the Executive Director of Public Works has submitted an itemized report, the Weed Abatement Program Report. A copy of this report is on file with the Clerk of the Council, attached as Attachment 1, and incorporated by reference as though fully set forth herein. The report 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 Public Works has given notice as required by law, that the 3rd day of July, 2018, at the hour of 5: 45 p. m., or as soon as possible thereafter, is fixed as the time, and 22 Civic Center Plaza, Santa Ana, as the place, where any and all persons interested in said report may 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 for the 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. Pursuant to Section of the Santa Ana Municipal Code, the Executive Director of Public Works shall 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, Resolution No. 201 & XXX Page 1 of 4 75B- 5

6 jmf 6/8/ 18 Section 4. county tax rolls. The County Auditor is requested to enter each assessment on the Section 5. The County Tax Collector is requested to collect each 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 property tax roll have been duly adopted in accordance with State law and are legally valid. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Miguel A. Pulido Mayor By: 11V, fi ohn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No )00( Page 2 of 4 75B-6

7 jmf 6/ 8/ 18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No 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 Resolutfon No M Page 3 of 4 75B-7

8 Jmf 6018 ATTACHMENT CITY OF SANTA ANA FISCAL YEAR WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana Type of Tax: B8 AC62LOSA - FORM B2 Special Assessment Add Date: Transactions August, 2018 m ' 10% 41W, xt ESgas r " vtr rid;. r t*xt+ w r Z Lit YY.. r 4, P r'n F{fltk}i '$`,( '^` r' 4 \ i P Y L ly n%i 4 ' u4as imfr `,:{,: y a.`. y»yarts ReaolUUon No XXX Page 4 of 4 75B-8