Agenda Item AGENDA STAFF REPORT ASR Control 24-000054
MEETING DATE:	03/12/24
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
	Jose Arriaga (714) 955-0101

Subject: Adopt Resolution for 2024 Fire Hazard Reduction Weed Abatement Program

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Discussion

3 Votes Board Majority

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: N/A	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 3/14/2023 #32, 3/22/2022 #11, 3/9/2021 #6, 3/10/2020 #3

RECOMMENDED ACTION(S):

Find that the project is categorically exempt from CEQA, Class 4 (Minor Alterations to Land), pursuant to CEQA Guidelines, Section 15304.

Adopt Resolution declaring weeds a public nuisance on particular properties, set a Public Hearing on April 9, 2024, and authorize the mailing of fire hazard reduction weed abatement and legal notices for the hearing.

SUMMARY:

Adoption of a Resolution to initiate the 2024 Fire Hazard Reduction Weed Abatement Program will improve fire safety in the unincorporated areas of the County of Orange.

BACKGROUND INFORMATION:

Legal authority for the Fire Hazard Reduction Weed Abatement Program (Program) is derived through state and local law, including California Health and Safety Code (Code) Sections 14875-14922. To comply with the Code, OC Public Works is requesting Board of Supervisors (Board) authorization to send written notices to all property owners in unincorporated Orange County with weeds and combustible vegetation that has been identified as a public nuisance.

Weeds and combustible vegetation constitute a public nuisance and increase the risk of fire. The OC Agricultural Commissioner (Commissioner) has determined that approximately 5,200 properties in the unincorporated areas of Orange County are a risk because they contain weeds and combustible vegetation. Those properties are described in County of Orange (County) Fire Hazard Reduction Weed Abatement List No. 1 (List) of 2024, a copy of which is on file with the Clerk of the Board. Properties on the List are included therein for one or more of the following reasons:

1. The property is an unimproved (vacant) parcel within unincorporated Orange County where hazardous weeds, vegetation, accumulated piles of rubbish, refuse, trash, litter or other hazardous and/or flammable material may be on the property creating a fire hazard

2. The property was found through inspection to contain hazardous weeds, vegetation and/or flammable material in close proximity to a habitable structure or roadway

3. The property has a history of public complaints or violations related to abatement of hazardous weeds or rubbish; or

4. The property was ordered to abate weeds by the Board in previous years.

The approximately 5,200 property owners are identified by their unique Assessor’s Parcel Number along with their name and address as they appear on the current equalized tax assessment roll. The owners will be notified that their property is on the List of properties that will be included in the order to abate the hazardous or nuisance conditions throughout the year. The property owners are required to be notified per Code.

On April 9, 2024, the Board will conduct a Public Hearing authorizing the Commissioner’s office within OC Public Works to abate weeds and other combustible vegetation when property owners or interest holders, after being properly notified, have failed to remove weeds and vegetation that are a public nuisance and fire hazard. If removal of the weeds and/or fire hazards is not completed by the property owner, a private contractor, under the direction of a County Fire Hazard Reduction Weed Abatement Inspector, will clear the parcels through mechanical and/or hand removal, as necessary.

All properties on the List ordered to remove their weeds following the April 9, 2024, Public Hearing are subject to special assessments added to the property tax bill as allowed by the Code. If a property owner abates their own weeds before County intervention, the special assessment is limited to the costs incurred for investigation, inspection, boundary determination, measurement, clerical and other related costs per Code Section 14902. Parcels that require the County to abate the weeds will receive a special assessment for the costs of the weed abatement, which include the costs for the contractor to abate the weeds, investigation, inspection, boundary determination, measurement, clerical and other related costs per Code Section 14912. An itemized report showing the total cost for each property will be added to the respective property owner’s tax bill as directed by Board Resolution and authorized by Code Section 14912. This information will be reported back to the Board at a further public hearing proposed for July 23, 2024, as required by Code Section 14905.

Typically, more than 95 percent of the notified property owners remove weeds and fire hazards from their properties before the identified deadline in the notice, which demonstrates a high level of community involvement in the Program. Similar notices were approved by the Board on March 10, 2020, March 9, 2021, March 22, 2022, and March 14, 2023. In 2023, 4,993 property owners were notified and ordered to abate weeds, have their respective properties inspected and were charged a special assessment of $32.06 for inspection charges. A total of 66 properties were abated through the Program and in addition to the inspection costs, property owners were also charged an abatement administration special assessment of $560.00 plus the contractor costs per property. The actual cost for inspections, abatement administration and contractor cost for 2024 (March-June) will be calculated after the weed abatement season, which ends in June and will be presented to the Board in July as the Weed Abatement Cost Report by Property.

Compliance with CEQA: The proposed project is Categorically Exempt (Class 4) from the provisions of CEQA pursuant to CEQA Guidelines Section 15304, because it involves fuel management activities through the adoption of the 2024 Program to abate weeds and other combustible vegetation, which will not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion and sedimentation of surface waters. 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.

FINANCIAL IMPACT:

N/A

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - 2024 Resolution
Attachment B - 2024 Weed Abatement Annual Notice
Attachment C - California Health and Safety Code Sections 14875-14922
Attachment D - 2024 Schedule of Board of Supervisors Actions