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Agenda Item
ASR
Control 22-000469 |
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MEETING DATE: |
07/26/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Amanda Carr (714) 955-0601 |
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Jose Arriaga (714) 955-0102 |
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Subject: Adopt FY 2021-22 Weed
Abatement Cost Report by Property
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Resolution to Form |
Public Hearing |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: See Financial Impact Section
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Prior Board Action: 4/26/2022
#50, 3/22/2022 #11 |
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RECOMMENDED ACTION(S):
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1. |
Conduct the Public Hearing. |
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2. |
Adopt the Resolution, which receives and confirms the FY 2021-22 Weed Abatement Cost Report by Property. |
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3. |
Direct the Clerk of the Board to transmit a certified copy of the Resolution for confirmation to the OC Clerk-Recorder for recording pursuant to Health and Safety Code Section 14912. |
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4. |
Direct that the cost of abating the nuisance in front of, or upon, the various parcels of land specified in the FY 2021-22 Weed Abatement Cost Report by Property shall constitute special assessments against the respective parcels of land, or portions thereof, and shall constitute liens on the respective parcels, or portions thereof, for the amount of the respective assessment upon recordation of a certified copy of the Resolution with the OC Clerk-Recorder. |
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5. |
Direct the Clerk of the Board to provide the Orange County Auditor-Controller a certified copy of the Resolution by August 10, 2022, which shall include the Recorder's book, page number and date of recordation, together with a copy of the FY 2021-22 Weed Abatement Cost Report by Property and direct the Auditor-Controller to enter the amounts of the respective assessments against the respective parcels, or portions thereof, of land as they appear on the current tax assessment roll pursuant to Health and Safety Code Section 14915. |
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6. |
Direct the Clerk of the Board to transmit a certified copy of the Resolution to OC Public Works by August 10, 2022. |
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7. |
Direct the Treasurer-Tax Collector to include the amount of the respective assessments on bills for taxes levied against respective lots and parcels of land, or portions thereof. |
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8. |
Direct the Treasurer-Tax Collector to issue, at their discretion, separate bills for such special assessments and separate receipts for collection. |
SUMMARY:
Adoption of the Weed Abatement Resolution confirming the FY 2021-22 Weed Abatement Cost Report by Property provides a means to recover County of Orange costs to abate weeds and combustible vegetation on private properties in unincorporated areas of Orange County and provides the necessary mechanism to address serious fire safety concerns and public nuisances.
BACKGROUND INFORMATION:
OC Public Works abates weeds and combustible vegetation on private properties located in the unincorporated areas of Orange County only when Property Owners (Owners), after being notified as required by law, fail to remove the weeds and vegetation that are a public nuisance and pose a fire hazard. On average, greater than 95 percent of the approximately 4,200 affected Owners voluntarily act to remove weeds and fire hazards from their properties demonstrating a consistently high level of community involvement in the Weed Abatement Program. These actions also help prevent blight and support ongoing neighborhood preservation efforts.
If necessary, Owners can request a reasonable postponement to the deadline for their property. Owners are advised that if work is not completed by a specified date, the County of Orange (County) will abate those properties by contract, and the applicable costs will be added to the Owner's tax bill as directed by Board of Supervisors (Board) Resolution.
Through the annual approval of the cost report, the Board established weed removal charges and an administrative cost. A total charge of $22.27 is recommended for all parcels on the County Weed Abatement List that were inspected and ordered to abate the nuisance. For those Owners who fail to remove weeds and vegetation after being notified, OC Public Works uses contract services to clear parcels under the direction of a County Weed Abatement Inspector (Inspector). In addition to the Inspection cost, for parcels where the County abated the nuisance, a charge of $553.46 is recommended for administrative cost in addition to the costs for County contractor services. The special assessment for those parcels is required to recover the actual cost incurred by the County during FY 2021-22. All costs will be added to the property owner's tax bill as directed by Board Resolution.
On March 22, 2022, the Board adopted Resolution 22-047 authorizing the mailing of weed abatement notices to all affected Owners instructing them to remove weeds and combustible vegetation identified as a public nuisance and fire hazard.
On April 26, 2022, the Board, after a public hearing, adopted Resolution 22-064. Resolution 22-064 authorized OC Public Works to abate weeds and combustible vegetation using contract services on private properties located in the unincorporated areas of Orange County. Resolution 22-064 directed OC Public Works to keep an account of the costs of the abatement that took place from the 26th day of April 2022 to the 30th day of June 2022. OC Public Works was directed to present the account of those costs incurred to the Board on July 26, 2022. Resolution 22-064 also directed OC Public Works to post a true copy of the report on or near the Chamber door of the Board at least three days prior to the July 26, 2022, Board meeting.
Health and Safety Code 14910 authorizes the Board to receive and consider the Weed Abatement Cost Report and hear any objections of Owners liable to be assess for the work of abatement.
Proposition 26: The charges being approved by the Board are charges that will cover the County costs in providing weed abatement services, a specific government service being provided directly to the property owner that is not provided to those not charged and does not exceed the reasonable costs to the County of providing the weed abatement services. These charges are thus exempt from the requirement that the charge be approved by a vote of the electorate pursuant to California Constitution Article XIII C, Section 1 (e) (2).
Compliance with CEQA: The proposed project was previously determined to be Categorically Exempt from CEQA pursuant to Section 15304 (Class 4) of the CEQA Guidelines, on March 22, 2022, when it was originally approved because it involves f fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, which will not result in the taking of endangered, rare or threatened plant or animal species, significant erosion and sedimentation of surface water. Additionally, the proposed project involves fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. The proposed project is still consistent with this determination.
FINANCIAL IMPACT:
Costs for the private contractor to conduct weed abatement were incurred during FY 2021-22 in OC Public Works, Budget Control 080. The County will be reimbursed for clearing vegetation, litter and/or other debris, including an additional inspection charge of $22.27 and an administrative charge of $553.46, which will be added to the parcel owner’s property tax bill (see Attachment A).
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - FY 2021-22 Weed Abatement Cost Report by
Property
Attachment B - Resolution
Attachment C - Health and Safety Code 14875-14931
Attachment D - Affidavit of Mailing
Attachment E - FY 2021-22 Weed Abatement Inspection Fee Check-List
Attachment F - FY 2021-22 Weed Abatement Administrative Fee Check-List
Attachment G - California Constitution Article XIIIC Section 1(e)(2)