For City Council Meeting May 14, 2024
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, Acting City Manager
FROM: Chris Jensen, Fire Marshal
Title
Request City Council to Conduct a Public Hearing to consider Adoption of Resolution No. 8201 an Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A.
(ACTION)
Body
BACKGROUND
The California Government Code gives Cities the power to declare weeds, rubbish, and refuse upon private property, and dirt upon the parkways and sidewalks in their jurisdictions a public nuisance by resolution. The attached resolution gives the Fire Chief the authority to notice property owners to abate conditions where weeds, rubbish, or debris constitute a public nuisance. Additionally, the resolution authorizes the Fire Chief to approve a contractor to perform the abatement, to charge an administrative fee, and to place all contractor fees plus the administrative fees on the County of San Bernardino Tax Rolls for collection from parcel owners who do not comply with the abatement notice. The resolution also sets the date for a public hearing for the Council Meeting on May 14, 2024, for any affected property owners to raise any objections to such proposed abatement and the service charges.
ANALYSIS/DISCUSSION
The Weed Abatement Program is an important fire prevention program, which promotes safety in the City of Rialto. Approximately 600 vacant parcels exist within the boundaries of the City of Rialto. In fiscal year 2022/2023 the City abated 70 lots, which is an 80% increase from previous years. The cities of Rialto, Colton, Redlands, and the County of San Bernardino follow a similar weed abatement process. The City mails letters (exhibit C) to all vacant property owners notifying them to abate their properties, and the Fire Prevention Division surveys vacant properties for compliance during the months of May and October. Fire Prevention identifies the non-abated properties, and the parcel numbers are referred to the weed abatement contractor. The weed abatement contractor will begin abatement this year on May 15, 2024, for spring weed abatement and October 1, 2024, through December 2024 for fall weed abatement. The City pays the fees and then places them on the San Bernardino County Tax Rolls for collection and reimbursement to the City.
ENVIRONMENTAL IMPACT
The City has notified owners of parcels identified by the U.S. Fish and Wildlife Service as being possible habitat for the Delhi Sands Flower Loving Fly with recommendations to contact the U.S. Fish and Wildlife Service for proper abatement procedures (exhibit B).
GENERAL PLAN CONSISTENCY
Goal 5-3: Increase the City’s fire protection capabilities and implement fire prevention regulations and standards that minimize potential fire hazards and fire loses.
LEGAL REVIEW
The City Attorney's Office has reviewed the resolution and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
The cost of administering the Weed Abatement Program is fully recoverable. Revenues are accounted for in General Fund Account No. 10105173-47634. The total cost of abatement for each parcel, which includes the contractor’s fees for abatement plus a City administrative fee of $149.00, is applied to each property’s tax bill and subsequently paid by the property owner. Funds in the amount of $50,000 are budgeted in General Fund Account No. 10105173-52011 annually to pay the City’s contractor.
Capital Improvement Budget Impact
No Impact to Capital Improvement Budget
Licensing
The City’s contractor currently has a City of Rialto Business License
RECOMMENDATION
Staff recommends Conduct a Public Hearing to consider Adoption of Resolution No. 8201 an Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A.