Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000008

 

MEETING DATE:

07/27/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Amanda Carr (714) 955-0601 

 

 

Anthony Lee (714) 955-0112

 

 

Subject:  Adopt FY 2020-21 Weed Abatement Cost Report by Property

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Public Hearing

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: See Financial Impact Section

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action: 4/13/2021 #44, 3/9/2021 #6, 4/14/2020 #20

 

RECOMMENDED ACTION(S):

 

 

1.

Conduct the Public Hearing.

 

2.

Adopt the Resolution, which receives and confirms the FY 2020-21 Weed Abatement Cost Report by Property.

 

3.

Direct the Clerk of the Board to transmit a certified copy of the Resolution for confirmation to the Orange County Clerk-Recorder for recording pursuant to Health and Safety Code Section 14912.

 

4.

Direct that the cost of abating the nuisance in front of, or upon, the various parcels of land specified in the FY 2020-21 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 Orange County Clerk-Recorder.

 

5.

Direct the Clerk of the Board to provide the Auditor-Controller a certified copy of the Resolution by August 10, 2021, which shall include the Recorder's book, page number and date of recordation, together with a copy of the FY 2020-21 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.

 

6.

Direct that the Clerk of the Board transmit a certified copy of the Resolution to OC Public Works by August 10, 2021.

 

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.

 

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 2020-21 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 the County 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. On average, greater than 95 percent of the approximately 4,400 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 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.

 

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). Through the annual approval of the cost report, the Board established weed removal charges and an administrative cost.

 

On April 14, 2020, the Board adopted Resolution 20-029. Resolution 20-029 authorized OC Public Works to abate weeds and combustible vegetation using contract services on private properties located in the unincorporated areas of the County. Resolution 20-029 ordered OC Public Works to keep an account of the costs for the weed abatements that took place from the first day of July 2020 to the 31st day of March 2021. OC Public Works was ordered to present the account of the costs at the last Board meeting in July 2021. Resolution 20-029 also ordered 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 last Board meeting of July 2021.

 

On March 9, 2021, the Board adopted Resolution 21-021 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 13, 2021, the Board, after a public hearing, adopted Resolution 21-031. Resolution 21-031 authorized OC Public Works to abate weeds and combustible vegetation using contract services on private properties located in the unincorporated areas of the County. Resolution 21-031 ordered OC Public Works to keep an account of the costs of the abatement that took place from the 14th day of April 2021 to the 30th day of June 2021. OC Public Works was ordered to present the account of those costs incurred to the Board on July 27, 2021. Resolution 21-031 also ordered 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 27, 2021, Board meeting.

 

As required by Resolutions 20-029 and 21-031, the FY 2020-21 Weed Abatement Cost Report by Property (Attachment A) shows the cost of removing the weeds and combustible vegetation on each separate lot, parcel, or portion thereof, of land during FY 2020-21 and was posted for three days as required by Health and Safety Code Section 14906.

 

Under the direction of the Inspector, a private contractor has cleared non-compliant parcels resulting in weed removal charges. The property owner will be charged an assessment based upon the square footage of each individual property. An additional $1,382 in administrative fees is recommended for each property assessment to reimburse estimated costs incurred during FY 2020-21. The administrative fee does not include the handwork costs.

 

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 Article XIII C, Section 1 (e) (2) of the California Constitution.

 

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 9, 2021, when it was originally approved. CEQA Guidelines Section 15304 provides for the exemption of fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare or threatened plant or animal species, significant erosion and sedimentation of surface water or 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.

 

 

FINANCIAL IMPACT:

 

Appropriations for the private contractor for weed abatement are included in the FY 2020-21 Budget for OC Public Works, Budget Control 080. The County will be reimbursed for clearing vegetation, litter and/or other debris, including an additional administrative fee of $1,382, that will be added to the parcel owner’s property tax bill.

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - FY 2020-21 Weed Abatement Cost Report by Property
Attachment B - Resolution
Attachment C - Resolution 20-029
Attachment D - Resolution 21-021
Attachment E - Resolution 21-031
Attachment F - Health and Safety Code 14875-14931
Attachment G - Affidavit of Mailing
Attachment H - California Constitution Article XIII C, Section 1 (e) (2)