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HomeMy WebLinkAbout05 - Weed & Rubbish AbatementCouncil Agenda February 13, 2001 Item No. 5 To: Mayor and Members of the City Council From: Timothy Riley, Fire Chief at,-- Subject: Weed and Rubbish Abatement Municipal Code Change SUMMARY In 1966, the Newport Beach Municipal Code was amended adding Chapter 10.48 dealing with Weed and Rubbish Abatement. The process and procedures have now become antiquated, time consuming and no longer efficient. The Newport Beach Fire Department recommends updating the current procedure to better serve the community and have a timely response to fire hazards. Currently there are two programs the Newport Beach Fire Department administers dealing with hazardous combustible vegetation. The first program deals with combustible vegetation within 100 feet of any structure adjacent to a wildland area, also known as Urban Wildland Interface (UWI) Zones. The Newport Beach Municipal Code Title 9, Section 9.04.300 Clearance of Brush or Vegetative Growth from Structures was adopted by City Council in 1999. This section requires abatement of all hazardous vegetation at the direction of the Fire Marshal. After no less than two written notices, a City contractor may clear those properties failing to comply, and the property owner assessed for the cost of that abatement. After abatement is completed, the City Council takes action to confirm assessment of the cost of that abatement. If the Revenue Division is unable to receive payment, the property may be liened as an assessment on the next property bill for the cost of abatement. Thus far, we have not placed a lien on any of the 263 properties in the program. The second program is the annual Weed and Rubbish Abatement program which deals with individual lots in Newport Beach that have weeds or combustible vegetation that pose a fire hazard. There are approximately 132 properties in this program. Beginning in April of every year, the engine companies begin their assigned weed abatement inspections for the annual Weed and Rubbish Abatement Program. Once completed, first notices are sent to all non - compliant property owners. An initial resolution declaring that weeds and other nuisances exist is sent to the City Manager's office. A council meeting is held adopting this resolution and the first public hearing is scheduled to hear objections. Once reinspections of non - compliant properties are completed, second notices are sent to property owners who remain non - compliant. A list of these non - compliant properties is sent to the City Manager's office for inclusion in the first public hearing. At the first public hearing, objections are considered from property owners who are subject to clearing by the City, a resolution is adopted ordering the Fire Chief to abate weeds and other nuisances; and a second public hearing is scheduled to confirm assessments against properties cleared by the City. Clearing of non - compliant properties begins the day after the first public hearing. The third and final notice is sent to property owners stating the date of the second public hearing and the amount of intended assessment. A list of the properties cleared with the associated costs is sent to the City Manager's office for inclusion in the second public hearing. This same list is given to the City Clerk for the required public notice. At the second public hearing, the City Council confirms the assessment of charges for properties cleared by the City and adopts a resolution confirming weed abatement costs to be assessed to property owners. After Council confirmation, a certified copy is filed with the Orange County Auditor for collection with City property taxes. PROPOSED REVISIONS The Fire Department proposes to change the method used in the Weed and Rubbish Ordinance described above, and pattern the new ordinance after the successful process used for clearing properties in the UWI zones. The procedure will be as follows • Beginning in April of every year, the department will begin their assigned weed abatement inspections. Once completed, property owners whose properties are non- compliant will receive a Notice of Nuisance requesting that the hazard be abated within 30 days. • Reinspections will be conducted after 30 days and properties remaining non - compliant are sent a Notice of Intent to Abate the Nuisance. The property owner may appeal the decision requiring the abatement of the nuisance by sending a written appeal to the Fire Chief requesting a hearing with the City Manager (within ten days of the notice). • The City Manager or his designee shall set a hearing date and conduct the hearing. A written decision shall be reached within 48 hours, shall be final, and shall be served by mail on the property owner within 48 hours. • Properties are cleared by the City Contractor. • The Fire Chief or his designee shall notify in writing all parties concerned of the amount of assessment. If the assessed amount is not paid within 30 days, the property owner shall be billed. If unpaid, the charges shall be placed as a special assessment on the tax bill for the property. Z CONCLUSION The Fire Department proposes revising the annual Weed and Rubbish Abatement program to streamline the process and reduce the number of hearings before the City Council. Attached is a comparison of the main elements of both methods, a copy of the current Newport Beach Municipal Code Chapter 10.48, and a draft copy of the proposed Newport Beach Municipal Code Chapter 10.48 for your consideration. RECOMMENDATION: Introduce Ordinance 2001 -_ and pass to second reading on February 27, 2001 City Council meeting. 3 ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.48 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO WEED AND RUBBISH ABATEMENT. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 10.48.010 of Chapter 10.48 is amended to read as follows: Section 10.48,010 Definitions. Fire Chief. The term "Fire Chief' shall mean the Chief of the Newport Beach Fire Department. his assistants and deputies, eF other publie effieer designated by the Gity ManageF tG perfeFm the Fire Marshal. The term "Fire Marshal" shall mean the Fire Marshal of the Newport Beach Fire Department, his assistants and deputies, or other Public officers designated by the Fire Chief to perform the duties imposed by this chapter upon the Fire Marshal. Weeds. The term "weeds" shall mean weeds which when mature bear the wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. SECTION 2: Section 10.48.020 of Chapter 10.48. is amended to read as follows Section 10.48.020 Authority to Declare Nuisance and Abate. The City Gou Fire Marshal may declare byFesekftien as a public nuisance and abate A. Weeds growing upon highways, streets, sidewalks, parkways, or private property in the City. B. Dry grass, stubble, brush, garden refuse, litter, or other flammable material which constitutes a fire hazard or which, when dry, will in reasonable probability constitute a fire hazard C. Poison oak and poison ivy when the location of such plants constitutes a menace to the public health. D. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the City. Pagel of 9 4 SECTION 3: Section 10.48.030 of Chapter 10.48. is amended to read as follows: Section 10.48.030 Notice of Nuisance. The resolution shall: A. e -nFibed in Seetien 10.48.020 exist upon all ef the 6tFeets, alleys, sidewalks ° ^d Y.'.^ t" YY^`p rt within the Gity a s -shown, des .. ed and delineated AM the el maps of the a e.t•e in the (`•h. ,.,h•eh a reeerded •.. the eff•e of the Go nt.. Deeerder of the G06IRty Of OFange-. Notice of Nuisance. The Fire Marshal shall Clive written notice to the owner of record to abate the nuisance within 30 days. The notice of nuisance shall state that the property owner is required to abate the nuisance, shall state the nature of the nuisance to be abated, what is required to abate it, and that if the nuisance is not abated the City may take further action which may include 1) the Citv. or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard. (2) that upon completion of such work the cost thereof. including Nuisance Abatement Services, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. B. DeslaFe that said publie nuisanGeS must he abated by the de St.Uetion or .al the.eef have been dest.e„ed e..ee,e.,ed Notice of Abatement Proceedinqs. Whenever the Fire Marshal of a designee determines that a nuisance exists and the owner of a propertv fails to properly abate the nuisance, the Fire Marshal is ordered to take appropriate correction actions based upon those findings. The Fire Marshal shall notify the owner of affected properties, as shown on the latest equalized tax assessment roll, by mail of intention to abate the nuisance. C. Set the time and elaee fe. a hl•e hee: n at wh•eh the riff, rn, nn'1 will e. cider all previded. Service of Notice. Notices shall be mailed by certified and regular first class mail to the address of the Prowty owner not less than 15 days prior to the date of the proposed abatement. the City Manager within ten (10) days of the notice. Page 2 of 9 6 SECTION 4: Section 10.48.035 of Chapter 10.48. is amended to read as follows: 160-60-10 Wall! SECTION 5: Section 10.48.040 of Chapter 10.48. is amended to read as follows: Section 10.48.040 Form of Netise. Hearing Procedure. h.;Gh RuesaRGe muct be abated by she deStFuetiep. OF Felmeyal theF ef NOW . . Page 3 of 9 Y A. The City Manager or his designee shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance. B. The property owner contesting the notice of abatement shall be given the opportunity to testify and present witnesses and evidence. C. The failure of any recipient of a notice of abatement to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of abatement costs, and failure to exhaust administrative remedies. D. The notice of abatement proceeding and any additional documents submitted by the Fire Marshal shall constitute prima facia evidence of the respective facts contained in those documents. by mail on the person requesting the hearing at least five (5) days prior to the date of the hearing. F. At least five (5) days prior to the appeal hearing, the recipient of a notice of abatement Proceeding shall be provided a copv of the documents relied upon by the Fire Marshal. No other discovery is permitted. Formal rules of evidence shall not apply. requestinq the hearing shall be notified of the time and place set for the hearinq at least 5 days prior to the date of the hearing. Page 4 of 9 �I r'��fi, A. The City Manager or his designee shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance. B. The property owner contesting the notice of abatement shall be given the opportunity to testify and present witnesses and evidence. C. The failure of any recipient of a notice of abatement to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of abatement costs, and failure to exhaust administrative remedies. D. The notice of abatement proceeding and any additional documents submitted by the Fire Marshal shall constitute prima facia evidence of the respective facts contained in those documents. by mail on the person requesting the hearing at least five (5) days prior to the date of the hearing. F. At least five (5) days prior to the appeal hearing, the recipient of a notice of abatement Proceeding shall be provided a copv of the documents relied upon by the Fire Marshal. No other discovery is permitted. Formal rules of evidence shall not apply. requestinq the hearing shall be notified of the time and place set for the hearinq at least 5 days prior to the date of the hearing. Page 4 of 9 �I SECTION 6: Section 10.48.050 of Chapter 10.48. is amended to read as follows: Section 10.48.050 . Appeal Decision. zj MOM A After considerina all the testimonv and evidence submitted at the appeal hearing, the Citv that decision This Citv Manager, or his designee, may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this Chapter B The decision of the City Manaaer or his desianee shall be final and shall be served by mail on the property owner within 48 hours. SECTION 7: Section 10.48.060 of Chapter 10.48. is amended to read as follows: Section 10.48.060 Abatement Costs. rrsu A The costs involved in the correction of the substandard conditions shall become a special each parcel for Newport Beach Fire Department and other city incurred costs associated with abatement. pursuant to Section 38773.5 of the Government Code. Provided by law. Page 5 of 9 J suGh of any, it shall .. en pFetests, ' t' d �,; sdtc�,- the the t„ o. �:,oe�,�.,�- erk�est-..,,..,,^ and f d stie r meyal of � Gh Weed.,; An d �- o. QeF- other nuisaRves. �e+# ,- .e.. ,,.,., .. A The costs involved in the correction of the substandard conditions shall become a special each parcel for Newport Beach Fire Department and other city incurred costs associated with abatement. pursuant to Section 38773.5 of the Government Code. Provided by law. Page 5 of 9 J SECTION 8: Section 10.48.070 of Chapter 10.48. is amended to read as follows: SECTION 9: Section 10.48.080 of Chapter 10.48. is amended to read as follows: paffiel, tegetheF With the expense PFOpesed to be assessed against ea9h 6epaFate 10t OF paFoel of lam SECTION 10: Section 10.48.090 of Chapter 10.48. is amended to read as follows: SECTION 11: Section 10.48.100 of Chapter 10.48. is amended to read as follows: .......... - - Page 6 of 9 -I M. 1111.1-1 MMW SECTION 9: Section 10.48.080 of Chapter 10.48. is amended to read as follows: paffiel, tegetheF With the expense PFOpesed to be assessed against ea9h 6epaFate 10t OF paFoel of lam SECTION 10: Section 10.48.090 of Chapter 10.48. is amended to read as follows: SECTION 11: Section 10.48.100 of Chapter 10.48. is amended to read as follows: .......... - - Page 6 of 9 -I GF te any matter OF thong Gentained fh at said tim and No and be he rd_ ' Fnay Date. 49 Fife GhiPf SECTION 12: Section 10.48.110 of Chapter 10.48. is amended to read as follows: SECTION 13: Section 10.48.120 of Chapter 10.48. is amended to read as follows: At ♦h t'm and nl..cc 'dc: ■h , Ge , eil shall c cider the ns sei— fvr— �oe*r= v�T= Rj— n,e�'9st�e�F�'lie it§ .,,.,.�.,.�. nriv lolc n n Ic •• and confirm Vd„cshall against suoh SECTION 14: Section 10.48.130 of Chapter 10.48. is amended to read as follows: Page 7 of 9 �O SECTION 15: Section 10.48.140 of Chapter 10.48. is amended to read as follows: SECTION 16: Section 10.48.150 of Chapter 10.48. is amended to read as follows: SECTION 17: Section 10.48.160 of Chapter 10.48. is amended to read as follows: SECTION 18: Section 10.48.170 of Chapter 10.48. is amended to read as follows: SECTION 19: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Page 8 of 9 SECTION 20: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 21: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2001, and adopted on the _ day of 2001, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: LaVonne Harkless, City Clerk Page 9 of 9 w Weed and Rubbish Abatement Current Inspections are conducted and a first notice is sent to non - compliant property owners. Initial resolution declaring that weeds & other nuisances exist is sent to City Manager's office. Council meeting. 1. Adopt a resolution declaring weeds & other nuisances exist. 2. Schedule a public hearing to hear objections. Re- inspections are completed and second notice is sent to property owners still non - compliant. The list of non - compliant properties is sent to City Manager's office for inclusion in the first public hearing. Council meeting: (first public hearing) 1. Consider objections from property owners who are subject to cleaning by City. 2. Adopt a resolution ordering the Fire Chief to abate weeds & other nuisances. 3. Properties are cleared by the City Contractor. 4. Schedule a second public hearing to confirm assessments against properties cleaned by City. Final notice (3rd) sent to property owners stating the date of the second public hearing and the amount of intended assessment. List of properties cleared and associated costs sent to the City Manager's office for inclusion in the second public hearing. Same list is given to City Clerk for required public notice (10 days minimum). Council meeting. (second public hearing) 1. Confirm assessment of charges for properties cleaned by the City. 2. Adopt a resolution confirming weed abatement costs to be assessed to property owners. After Council confirmation, a certified copy shall be filed with the Orange County Auditor for collection with City property taxes. Weed and Rubbish Abatement Proposed Inspections are conducted and a Notice of Nuisance is sent to the owner of record to abate the nuisance within 30 days. Re- inspections are conducted after 30 days and properties remaining non - compliant are sent a Notice of Intent to Abate the Nuisance. This notice is sent certified and regular first class mail to the property owner not less than 15 days prior to the date of the proposed abatement. The property owner may appeal the decision requiring the abatement of the nuisance by sending a written appeal to the Fire Chief requesting a hearing with the City Manager (within 10 days of the notice). The City Manager or his designee shall set a hearing date and conduct the hearing. A written decision shall be reached within 48 hours, shall be final, and shall be served by mail on the property owner within 48 hours. Properties are cleared by the City Contractor. The Fire Chief or his designee shall notify in writing all parties concerned of the amount of the assessment. If the assessed amount is not paid within 30 days, the property owner shall be billed. If unpaid, th& charges shall be placed as a special assessment on the tax bill for the property.