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Home My WebLink About6.1 WeedAssessmtOrder CTTY CLERK FILE #540-50 & 390-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 6, 2002 SUBJECT: Public Hearing: Weed and Combustible Refuse Assessment Order Report Prepared By: James R. Ferdinand, Fire Marshal ATTACHMENTS: 1) Notice of Hearing on Report and Assessment for Weed and Refuse Abatement 2) Weed Abatement Report and Assessment List 3) Bid for Abatement - A Green Shrubbery Service 4) Invoice for Abatement - A Green Shrubbery Service 5) Draft Resolution RECOMMENDATION: 1) Open public hearing 2) Receive Staff Report "' ¥,4~& 3) Receive Public Testimony 4) Close Public Hearing and Deliberate 5) Adopt Resolution confirming the Report and Assessment List and direct Staff to proceed with assessment of Lien For Abatement Costs FINANCIAL STATEMENT: The $8,100 cost of abatement was billed to the property owners. There has been no payment at the time of this report. A lien on the property will be assessed and the City will recover the cost of the abatement resulting in no net cost to the City. DESCRIPTION: In accordance with Resolution No. 25-02, the City Council declared that there is a public nuisance created by weeds and combustible debris growing or accumulating upon the streets, sidewalks and property within the City of Dublin. The property owners were notified of the violations and ordered to abate the property. The property located adjacent to AI~° Creek was posted with the Notice to Abate. An Abatement Notice was mailed to the property owner; Mr. David Lonich and Kushner & Company, by Certified Mail - Return Receipt Requested; The mail was accepted and no abatement was initiated. Bids for abatement were received and the City contracted with A Green and Shrubbery Service to complete the abatement. The abatement was initiated on July 3 and completed on July 11, 2002. The Owner was billed $8,100 for the cost to have the weeds and refuse removed. An inspection fee of $240 will be added to the lien to cover the cost of site inspections and administration of the abatement contract. COPIES TO: ITEM NO. 61bi The property owner has not paid for the cost of abatement and has been notified of the time and date of this hearing by Certified Mail - Return Receipt Requested. Notice of Hearing on Report and Assessment for Weed and Refuse Abatement was posted as required in section 5.70.090 of the Municipal Code. Staff recommends that the Council conduct a public hearing and: 1) hear testimony from Staff regarding cost of abatement; 2) hear and consider objections to this assessment for abatement from property owners; and 3) adopt a resolution confirming the Report and Assessment List and direct Staff to order the placement of a lien on property to recover costs. NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED AND REFUSE ABATEMENT NOTICE IS HEREBY GIVEN that on July 19th, 2002 the City Manager filed with the City Clerk a report and assessment on abatement of weeds and refuse within the City of Dublin, copies of which are posted on the bulletin boards at Dublin Civic Center. NOTICE IS FURTHER GIVEN that on August 6, 2002 at the hour of 7:00p.m. at Dublin City Council Chambers, 100 Civic Plaza, Dublin, California, said report and assessment list shall be presented to the City Council of the City of Dublin 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 to be heard. Dated: This 24th day of July 2002 Attachment 1 Ci.ty of Dublin Weed Abatement Report and Assessment List 2002 Alamo Creek ~ Amador Valley Boulevard Parcel Number - APN: 941-2765-295-00 Property Owners: Mr. David Lonich Kushner & Company 923 Dana Drive Suite #14 340 Pine Street, # 401 Redding, CA 96003 San Francisco, CA 94104 Inspection/Re-inspection and Posting: March 21,25, July 11, 2002 3 Inspections ~ $80.00 = $240.00 Abatement: A Green and Shrubbery Service PO # 3269 July 5 - 11, 2002 Abatement Total = $8,100.00 240.00 8~100.00 Grand Total $8,340.00 Attachment 2 A Gresen in d Sh rubb:ery S ervi¢,e A Green and Shrubbery Service 8908 Thermnl Street Onklond, CA 94605 Phone: 510/562-8638 Email: Ags~ s562(~_,wortduet.att, net Fax: 5101562-4339 ~-voice ' SH2479 July 11, 2002 Bill~g: City of Dublin 100 Civic Plm,~ COPY OF PO #3269 Attached Dublin CA 94568 Visual Inspection of Completed Job 7/11/02- by: BL Fire Inspector. Attn: F_xl Laudani 925-833-6608 Site: Alamo Creek in ~ p~r City Council approval 6/24/02. 1. Provide weed abatement services at Alamo Creek in Dublin.. 2. Supervisor, Track, Labor, Dump Fee and Equipment. Date Stated: 7/5/02 Date completed: 7/5102 Balance Due: $8100.00- Thank you for your continued Business in 2002! Art Blacksher Cai Traus MBE Ce~:tiflcation ~'~F0~I Cl~y of Ook~nd MBE Office of Public WOrks Cert~ #7A25 92 12 License Contractor #725218 Better Business Bureau Member 2002-Complaint Free! Oakland Metropolitan Chamber of Commerce Member 2002 Visit our .Web Site: htt~://ham~,~att.n~t/~agssS62/~~veb.htm or http://www.agss562.nethop.com Attachment 3 'M,~iL INVOICE TO: ~ Purchase Order No. '3269 City of Dublin ~ (Show this number on all invoices & packages - 100 Civic Plaza TO BE ASSIGNED BY FINANCE) Dublin CA 94568 TO: SHIP TO: A Green & Shrubbery Service City of Dublin 8908 Thermal Street ATTN: Oakland CA 94605 100 Civic Plaza Dublin CA 94568 07~05~02 Fire Prevention A. BlaCksher (510) 562-8638 Ed Laudani (925) 833-6608 001 20600 740 000 Provided weed abatement services at $8, i00.00 $8,100.00 Alamo Creek in Dublin per City Council approval on 6/24/02 and according to Bid of June 5, 2002. TERMS, CONDITIONS AND INSTRUCTIONS 1. All purchases F.O.B. Dublin, CA unless otherwise specified on bid or purchase order. All transl~ortation charges, must be prepaid and shown separately on all invoices. 2. All articles ordered will be subject to final inspection and approval at destination by the City of Dublin. Whenever a delivery is rejected, the vendor shall be notified and given the reason for the rejection. All rejected deliveries shall be held at the vendor's risk and he shall bear the expense of removal. Title passes to City upon delivery. 3. Invoices shall be submitted in duplicate to the Finance Department, City of Dublin, 100 Civic Plaza, Dublin CA 9468. 14. Dublin as a Municipal Corporation is exempt from ail federal excise taxes. Cash discounts, will be taken as offered. 5. Shipments must be accompanied by a packing slip and the purchase order number must be shown on each package. PURCHASING OFFICER APPROVAL/DATE H:\Forms\alamocrkp.o..xls Attach ment 4 RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CONFIRMING THE REPORT AND ASSESSMENT LIST FOR WEED ABATEMENT Alamo Creek ~ Amador Valley Boulevard APN# 941-2765-295-00 WHEREAS, the property located at Alamo Creek was inspected and found in violation of Chapter 5.70 of the Municipal Code of the City of Dublin, Weeds and Refuse; and WHEREAS, The Property Owner was noticed, hearings before the City Council held and the abatement was not completed; and WHEREAS, A contractor was hired by the City of Dublin to complete the abatement of hazardous conditions; and WHEREAS, Notification of the abatement and an invoice for $8,100, the cost of the abatement was sent to the Property Owner Mr. David Lonich and Kushner & Company, with no response; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby confirm the Abatement Report and Assessment List. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Lien on the Property to recover the cost to the City. PASSED, APPROVED AND ADOPTED this 6th day of August, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment 5