City of Pleasanton
12/11/2019 11:22:07 AM
12/11/2019 11:22:05 AM
CITY CLERK - TYPE
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BACKGROUND <br /> On March 19, 2019, as part of the 2019 Livermore-Pleasanton Fire Department (LPFD) <br /> Weed Abatement Program, the City Council adopted Resolution No. 19-1069, which <br /> declared that weeds on specified properties constituted a public nuisance, ordered the <br /> abatement thereof, and set a public hearing to hear objections to the proposed <br /> abatement. APN 946-4585-026-00, located off Fondry Court near Foothill Road and <br /> owned by Nicholas L. Jones, was among the listed properties. <br /> On April 16, 2019, the City Council adopted Resolution No. 19-1073, which ordered the <br /> abatement of weeds on the parcels identified in Resolution No. 19-1069 and declared <br /> that the weed abatement costs, including a 100% mark up charge for administrative <br /> costs and any incurred legal fees and costs, are the property owner's responsibility. <br /> This agenda report is the third and final agenda report to the City Council regarding the <br /> 2019 LPFD Weed Abatement Program. After the weed abatement deadline of May 31, <br /> 2019, fire inspectors re-inspected the parcels for compliance and determined that only <br /> APN 946-4585-026-00 required abatement. Because the property owner failed to abate <br /> the weeds on that parcel, and the parcel was partially surrounded by fences, the City <br /> sought, and was granted, a court order to enter the property and have the weeds <br /> removed by a contractor. <br /> On September 19, 2019, LPFD again inspected APN 946-4585-026-00 and confirmed <br /> that the property still required weed abatement. The same day, the contractor abated <br /> the weeds on the property. <br /> The Government Code provides that the abatement costs, administrative costs, and <br /> legal fees and costs are recoverable and constitute a special assessment against the <br /> parcels abated. After the assessment is declared, unless an exception applies (not <br /> applicable here), a lien attaches on the parcel upon recordation of the order confirming <br /> the assessment. The lien is then included on the property owner's regular tax bill for the <br /> parcel. <br /> The City sent the property owner an invoice for the abatement but the owner has not <br /> paid. Because the owner has not paid, the City is authorized to seek payment through a <br /> special assessment against the parcel. <br /> DISCUSSION <br /> The City notified the owner of APN 946-4585-026-00 of this hearing and an opportunity <br /> to object to (1) the cost accounting for weed abatement on this parcel and (2) a <br /> declaration that the abatement costs are a special assessment and lien imposed on the <br /> property to be added to the next regular property tax bill. <br /> At this hearing, the City Council should consider the matter and all objections to the cost <br /> accounting for weed abatement on APN 946-4585-026-00. Because the property owner <br /> has failed to pay the costs for weed abatement on this parcel, staff recommends that <br /> the City Council adopt the attached resolution overruling protests (if any), approving the <br /> Cost Accounting Report for the 2019 Weed Abatement Program, and declaring that the <br /> Page 2 of 3 <br />
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