REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Jimmy Hoang, Code Enforcement Manager
Subject:
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Adopt Resolution No. 2023-12 declaring weeds and rubbish a nuisance on specific properties and scheduling a Public Hearing on May 2, 2023, at 6:00 p.m. for protests and objections to the abatement thereof
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Statement of Issue:
Each year, the City identifies privately-owned parcels that have an accumulation of weeds and/or rubbish constituting a public nuisance, and the City Council adopts a Resolution declaring the City’s intention to abate weeds and/or rubbish on identified properties.
Financial Impact:
There is no financial impact associated with declaring certain properties to be a public nuisance.
Following the Public Hearing and the removal of weed and/or rubbish, property owners will be assessed on their property tax bill for abatement work performed by the City.
Recommended Action:
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Adopt Resolution No. 2023-12, “A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof.”
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Alternative Action(s):
Do not adopt the resolution, and direct staff to take a different course of action.
Analysis:
The California Government Code includes a provision allowing local governments to declare weeds and rubbish a public nuisance as a precursor to abatement. Pursuant to this provision, the City of Huntington Beach has adopted Chapter 8.16 Weed Abatement into the Municipal Code. This chapter requires that, “all persons owning any real property within the City keep said property free from weeds or other flammable materials that endanger public safety by creating a fire hazard.”
In accordance with HBMC Section 8.16.020 Nuisance Declared, the City Attorney’s Office has prepared a resolution declaring that certain weeds, rubbish, and refuse deposited on specific properties are a public nuisance, with provisions for posting a notice and abatement of said nuisance. The resolution establishes May 2, 2023 at 6:00 p.m. as the date and time for the public hearing of objections to the abatement of said nuisance. Exhibit A of the resolution identifies the privately owned properties that are currently or potentially in violation of the Municipal Code. This year, through research and field inspections, staff identified 104 properties for abatement, all of which are currently undeveloped and vacant (see Attachment 1).
If Resolution No. 2023-12 is approved, the affected private properties will be posted with a visible Notice to Destroy Weeds and Remove Rubbish and Refuse; property owners will also receive letters in the mail advising them of the May 2 Public Hearing date and the pending weed abatement efforts.
Following the public hearing and eventual removal of weeds and/or rubbish, property owners will be assessed on their property tax bill for abatement work performed by the City. As such, there will be no fiscal impact to the City.
Environmental Status:
The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h), which exempts the maintenance of existing landscaping and native growth.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2023-12, “A Resolution of the City Council of the City of Huntington Beach Finding and Declaring that Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof,” including Exhibit A: 2023 Weed Abatement - Vacant Parcels Private Ownerships
2. PowerPoint Presentation