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File #: 23-313    Version: 1
Type: Administrative Public Hearing Status: Passed
File created: 3/27/2023 In control: City Council/Public Financing Authority
On agenda: 5/2/2023 Final action: 5/2/2023
Title: Conduct Administrative Public Hearing for the 2023 Annual Weed Abatement Program and authorize the Director of Public Works to proceed with abatement
Attachments: 1. Att #1 - Reso No. 2023-12 (Full Signatures), 2. Att #2 - Affidavit of Posting - Notarized, 3. Att #3 - 2023 Notice to Destroy Weeds and Remove Rubbish and Refuse, 4. Att #4 - 2023 Weed Abatement Public Hearing PP (FINAL)
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:
title
Conduct Administrative Public Hearing for the 2023 Annual Weed Abatement Program and authorize the Director of Public Works to proceed with abatement
body

Statement of Issue:
On April 4, 2023, the City Council adopted Resolution No. 2023-12 declaring weeds and rubbish on certain vacant, undeveloped property to be a nuisance. Pursuant to the resolution, a public hearing must be held before staff can abate these nuisance conditions on private properties at the owner's expense.

Financial Impact:
Funds in the amount of $12,000 are budgeted in Weed Abatement, Account No. 10060301.69450, for the abatement of public and private properties. Costs for City-performed abatement of private properties are reimbursed to General Fund Account No. 10000100.47415 via a one-time special assessment added to the Orange County property tax roll of each parcel cleared.

Recommended Action:
recommendation
A) Open a public hearing for any objections to the proposed removal of weeds and rubbish; and,

B) Authorize the Director of Public Works to proceed with the abatement of the nuisance.
end

Alternative Action(s):
Postpone the hearing and direct staff to modify the annual weed abatement schedule.

Analysis:
On April 4, 2023, the City Council adopted Resolution No. 2023-12 declaring that certain weeds, refuse, and rubbish on public ways and private properties are a public nuisance and should be abated as provided in California Government Code section 39501. The City cannot commence removal of weeds, refuse, and rubbish from private property at the owner's expense until a public hearing has been held to consider any objections to this process. Resolution No. 2023-12 adopted a public hearing date for this purpose on May...

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