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16. Lien assessment - Weeds I F CUPErQ"INO /.?~I i"~J~ :::::=J City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK SUMMARY AGENDA ITEM NO. 110 MEETING DATE: July 18,2006 SUBJECT Conduct a hearing and adopt a resolution approving assessment of fees for the annual Weed Abatement Program (private parcels), BACKGROUND Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or destroy weeds on their property. The weed abatement process is in place to notify the property owners of this responsibility, to remove the weeds if the property owner doesn't, and to recover the any costs of abatement. The process begins in November and goes through August of each year, At this time the process is at Step No.7, Attached is a copy of the notice, the draft resolution, and a list of properties on the assessment report. 1. City Council adopts a resolution declaring weeds a nuisance and setting a hearing date to hear objections to the proposed destruction or removal of weeds (Nov.) 2. Notice is sent to property owners that they must remove weeds or it will be done for them and the cost will be assessed to their property (Dec.) 3. Property is inspected by the County to verify that weeds were removed. A list is created of properties that still need abatement, and those property owners receive notice of the hearing set in Step 1. 4. Council holds hearing to consider objections (Jan.) 5. County hires contractors to remove any remaining weeds 6, City Council sets a hearing date to assess the property owners for the cost of weed abatement and the City sends the hearing notice. (June-July) 7. City Council holds a hearing, receives any disputes, and adopts a resolution putting a lien assessment on the properties to recover the cost of weed abatement (July- Aug.) l~-( Printed on Recycled Paper July 18, 2006 Page 2 STAFF RECOMMENDATION Conduct hearing and adopt Resolution No. 06- I 3l{' approving assessment of fees for the annual Weed Abatement Program (private parcels), Submitted by: Approved for submission to the City Council: Kimberly Smith City Clerk ~ David W. Knapp City Manager Ik~l ~.~. "j~ City Hall, 10300 Torre Avenue Cupertino, CA 95014-3202 Telephone: (408) 777-3223 FAX: (408) 777-3366 www.cupertino.org CITY OF CUPERJINO OFFICE OF THE CITY CLERK July 6, 2006 Subject: Special Assessment for Abatement of Hazardous Vegetation and/or Debris Dear Property Owner, Your property has been placed on the Special Assessment Tax Roll for hazardous vegetation/debris abatem~nt services pursuant to Section 9.08 of the Cupertino Municipal Code. An assessment list, posted at the Cupertino City Hall, provides information regarding specific charges. If you have any questions please leave a message for the Hazardous Vegetation Management Program Coordinator, Santa Clara County Department of Agriculture and Resource Management, (408) 282-3145. Your call will be returned within three business days. NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GNEN that on July 6, 2006, the County Agricultural Commissioner filed with the City Clerk a report and assessment of abatement of weeds, brush and/or combustible debris within the City, copies of which are posted near the finance window of City Hall, 10300 Torre Avenue, Cupertino. NOTICE IS FURTHER GIVEN that on July 18,2006 at the hour of 6:45 p,m., or as soon as the item can be heard, in the chamber of the City Council located at 10350 Torre A venue, Cupertino, said report and assessment list will be presented for consideration and confirmation, and that any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard. Dated this 6h day of July 2006. ~. d-nu-fL Kimberly sml City Clerk Cc: Santa Clara County Department of Agriculture and Resource Management Printed on Recycled Paper (~- 3 DRAFT RESOLUTION NO. 06-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PROVIDING FOR LIEN ASSESSMENTS AND FOR THE COLLECTION OF SAME RESULTING FROM THE ABATEMENT OF PUBLIC NUISANCES (WEEDS ON PRIVATE PARCELS) WHEREAS, after due notice a hearing thereon was held at a regular meeting of the City Council on January 17, 2006, at which time the City declared the growth of weeds upon certain properties as described in City of Cupertino Resolution No. 06-025 to be a public nuisance; and WHEREAS, from evidence presented, both oral and written, the City Council acquired jurisdiction over and abated said nuisances; and WHEREAS, affected property owners were advised that a hearing would be held at the City Council meeting of July 18, 2006 as described in City of Cupertino Resolution No, 06-110; and WHEREAS, said hearing was held by the City Council at the time and place fixed for the receiving and considering of such report and proposed assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby confirm that the costs of abating said nuisances shall be as set forth on Exhibit A attached hereto and made a part hereof and said costs shall constitute a lien on the affected property. BE IT FURTHER RESOLVED that the County Agricultural Commissioner shall cause the amount of the assessments to be entered on the County Assessment Roll opposite the description of the particular property, which assessment so entered on the County rolls shall be collected together with all other taxes thereon upon the property at the same time and in the same manner, as general City taxes are collected and shall be subject to the same penalties and interest, and the procedures and sale in the case of delinquency as provided for City taxes. I b-~ Resolution No. 06-135 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: A TrEST: APPROVED: City Clerk Mayor, City of Cupertino (~-) 2006 Weed Abatement Program Assesment Report ~~E~nF~~~T An City of Cupertino Jtw ~~~W TAX ROLL Situs APN OWNER ADDRESS AMT IRA 1 Granada 357-17-055 Ersepke Robert 25740 Josefa Ln LOS ALTOS HILLS, 94022-4528 $568.65 13009 2 19333 Vallco 316-20-085 Hewlett-packard P.o Box 692000 HOUSTON 77269 $2,578.00 13003 3 21115 Gardena 326-08-058 Brown Maurice F And Mona T 1506 Obum Ct CAMPBELL 95008-6418 $483.38 13003 4 21127 Gardena 326-08-059 Brown Maurice F And Mona T 1506 Obum Ct CAMPBELL 95008-6418 $483.38 13003 5 21151 Gardena 326-08-061 Lau Judy T 780 Vasona St MILPIT AS 95035-4316 $483.38 13003 6 21163 Gardena 326-08-062 Chan Wallace C And Helene W 21326 Amulet Dr CUPERTINO 95014-1301 $483.38 13003 7 21177 Gardena 326-08-063 Shaun H Chen 21175 Gardena Drive CUPERTINO 95014 $483.38 13003 8 Foothill 326-15-096 Mette William D 1420 Mcbain Av CAMPBELL 95008-0729 $644.50 13009 9 10467 Glencoe 326-30-106 Damask Robert T 10467 Glencoe Dr CUPERTINO 95014-1875 $]89.55 13003 10 Stokes 326-49-039 Pg&e Land Services Office Attn: Len III Almaden Blvd Rrn 814 SAN JOSE 95115-005 $189.55 13003 11 22449 Stevens Creek 326-50-078 Lg Niki Props L1c 12296 Farr Ranch Rd SARATOGA 95070 $189.55 13009 12 20091 La Roda 369-34-030 James E C And Colleen P 9 Village East Ct PETALUMA 94954-5845 $497.57 13003 13 19337 Phil 375-05-027 Rivera Lida L Et AI 945 Crane St Apt A MENLO PARK 94025 $644.50 13134 14 19160 Stevens Creek 375-07-001 Green Valley Corp 777 N First St 5th Floor SAN JOSE 95112 $966.75 13134 15 10200 Stem 375-12-002 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $966.75 13266 16 10385 Calvert 375-17-027 Martinez Richard D And Henrietta B 10385 Calvert Dr CUPERTINO 95014-3807 $284.33 13266 17 10395 Calvert 375-17-028 Martinez: Richard D And Henrietta B 18831 Barnhart Av CUPERTINO 95014-3601 $284.33 13266 18 10361 Johnson 375-18-039 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $331. 71 13266 19 10630 Carver 375-32-020 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $284.33 13266 20 10627 Culbertson 375-36-027 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $644.50 13266 21 10623 Johansen 375-37-058 Qian Mimi 10623 Johansen Dr CUPERTINO 95014-3508 $644.50 13266 -, ~ Report Date: 7/7/2006 (List Sorted by APN) Page 1 J- 2006 Weed Abatement Program Assesment Report City of Cupertino Situs APN OWNER ADDRESS TAX ROLL AMT IBA - "c ~ TOTAL $12,325.93 Report Date: 71712006 Page 2 (List Sorted by APN)