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AGENDA BILL Agenda Item No. 6(A) Date: September 22, 2014 To: El Cerrito City Council From: Michael J. Bond, Fire Marshal Lance J. Maples, Fire Chief Subject: Abatement of Fire Hazard Public Nuisances on Two Properties Pursuant to El Cerrito Municipal Code Chapter 16.26 ACTION REQUESTED Conduct a public hearing and upon conclusion adopt a resolution confirming the cost of abatement of public nuisance conditions resulting from the presence of weeds, rubbish, litter or other flammable material on private property designated in Exhibit A to the resolution as authorized by El Cerrito Municipal Code Chapter 16.26. BACKGROUND The Fire Department has completed its annual fire hazard abatement program. The purpose of this program is to remove weeds, dry grass, stubble, brush, rubbish, litter and other flammable material from private properties where such flammable material endangers the public safety by creating a public nuisance and a fire hazard. Notices were sent to 272 parcel owners notifying them that hazards existed on their parcels. With support and help from the Fire Department all but two property owners abated the hazards on their parcels. The property owners identified in Exhibit A failed to abate the fire hazards on their property. For these properties the City has followed a statutory procedure to remove the hazardous conditions. This procedure is specified in the July 15, 2014 Agenda Bill and Resolution No. 2014-31. The owners of the properties identified in Exhibit A were notified that if they did not abate the hazardous conditions on their property, the City would do so. They were given the opportunity at a public hearing to object to the City’s plan to abate these conditions. On July 16, 2014, the City then sent the owners of the properties identified in Exhibit A, a second notice, informing them that the City would perform abatement through its own staff or through private contract. The property owners identified in Exhibit A failed to abate the hazards and the City then performed the abatement work through private contractors. Notice has been sent to the owners of the properties identified in Exhibit A informing them of a scheduled hearing before the City Council on September 22, 2014 to confirm the costs of the abatement work performed on their properties. ---PAGE BREAK--- Agenda Item No. 6(A) ANALYSIS The fire hazard abatement procedure provides ample due process for the affected property owners, well beyond the minimum procedure statutorily required. The most important part of the procedure is that the property owners listed in Exhibit A were given the opportunity to contest whether their property constituted a public nuisance and a fire hazard at a public hearing before the City Council. The property owners did not contest the designation, nor did the property owners voluntarily abate the nuisance conditions. The City Council therefore directed City staff to abate said conditions. This matter appears before the City Council for the sole purpose of confirming the abatement costs already incurred by the City for the properties identified in Exhibit A. At this hearing, the City Council should review the reasonableness of the costs of abatement as specified, and then determine the abatement costs to be assessed. Resolution No. 2014-31 provides for confirmation of the report of abatement costs, and the attached Exhibit B specifies the administrative costs associated with each of the properties. Once confirmed by the City Council, the costs of abating the nuisance will be forwarded to the County Auditor by October 2, 2014 for assessment to the individual propetiy and a lien will be recorded with the County Recorder. FINANCIAL CONSIDERATIONS The abatement work has been completed by contract labor and the City has paid the contractors a total of $2,735.00 for their work. The City and County administrative costs of $1 ,260.00 have been added, bringing the total cost to $3,995.00. These costs include 1) Fire Department investigation, boundary determination and supervision of the contract labor; and 2) City Administration costs for the program. In order for the City to fully recover the direct and indirect costs of $3,995.00 already incurred for the abatement work performed, the City Council should confirm the staff report on the costs of abatement at this time so that these costs can be forwarded to the County for collection from the property owner. LEGAL CONSIDERATIONS The City Attorney has reviewed and approved the process. Scott Hanin, City Manager Attachments: 1. Resolution 2. Exhibit A - Property List 3. Exhibit B - Cost Analysis & Contractor Abatement Invoice Page 2 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 1 RESOLUTION NO. 2014–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CONFIRMING THE REPORT OF THE COSTS OF ABATEMENT OF PUBLIC NUISANCE CONDITIONS RESULTING FROM THE PRESENCE OF WEEDS, RUBBISH, LITTER OR OTHER FLAMMABLE MATERIAL ON THE PRIVATE PROPERTY DESIGNATED HEREIN UNDER THE AUTHORITY CONTAINED IN EL CERRITO MUNICIPAL CODE SECTION 16.26 WHEREAS, El Cerrito Municipal Code Section 16.26, et seq. provides a method by which a local legislative body may abate public nuisance conditions on private property relating to weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, pursuant to El Cerrito Municipal Code Section 16.26 the El Cerrito City Council declared, through Resolution No. 2014-30, that the properties identified herein in Exhibit A constitute a public nuisance because the presence of weeds, rubbish, litter or other flammable material on the properties created a fire hazard, a menace to the public health, or were otherwise noxious or dangerous; and WHEREAS, through Resolution No. 2014-31 the City Council directed, under the further authority of El Cerrito Municipal Code Section 16.26, that notice be provided to the owners of the properties identified in Exhibit A informing the owners that if they did not abate the nuisance conditions, that these conditions would be abated by the City, and that upon confirmation, the abatement costs would constitute a lien upon the properties until paid; and WHEREAS, through Resolution No. 2014-31 the City Council further directed that a public hearing be scheduled at which time the owners of the properties identified in Exhibit A could present objections to the designation of their property as a public nuisance and objections to the abatement of these public nuisance conditions by the City; and WHEREAS, notice designating the properties identified in Exhibit A a public nuisance and informing the owners of the properties of the right to object to such designation and proposed abatement by the City was provided to the owners of the properties as required by Government Code Sections 39560 through 39588; and WHEREAS, the owners of the properties identified in Exhibit A did not appear at the July 15, 2014 public hearings to contest the public nuisance designation or to object to the abatement of the public nuisance conditions by the City; and WHEREAS, at the conclusion of the July 15, 2014 public hearings, the City Council, by Resolution No. 2014-31 for Exhibit A, directed the City Manager or designee to abate those public nuisance conditions as provided for by El Cerrito Municipal Code Section 16.26 and Government Code Section 39560 through 39588 WHEREAS, the City Council further directed that the City Manager or designee to keep an account of the cost of abatement for each property on which work was performed and that a report be prepared and presented to the City Council so that, after notice and hearing, these abatement costs could be confirmed as a special assessment against the property; and ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 1 WHEREAS, after the adoption of Resolution No. 2014-31 a second notice was mailed to the owners of the properties identified in that resolution again informing the property owners that if they did not abate the public nuisance conditions on the properties, that the City would abate these nuisance conditions and assess the abatement costs against the properties; and WHEREAS, as required by El Cerrito Municipal Code Section 16.26 the El Cerrito City Council conducted a hearing on September 22, 2014 at which an opportunity was given to voice objections regarding the report and the assessment of the abatement costs for the properties identified in Exhibit A of this Resolution. Notice of the hearing was provided to the owners of the properties; and WHEREAS, at the September 22, 2014 hearing, the property owners were given the opportunity to object and protest the report and the abatement costs assessed. The property owners were also given the opportunity to present evidence in support of their arguments; and WHEREAS, such testimony provided at the public hearing included a description of the public nuisance conditions which existed at the property prior to the abatement, a description of the services required to abate those conditions, the cost to the City in abating those conditions and such other matters deemed relevant by the City Council; and WHEREAS, the City Council does hereby conclude that the abatement costs as contained in Exhibit B, B-1 through B-2, as such costs may have been modified by the City Council after a review of the evidence, are fair and reasonable. This determination is based on the evidence submitted by the property owners, the evidence submitted by City staff, the evidence concerning the nuisance conditions which existed at the property prior to abatement, the evidence concerning the scope of services required to abate those conditions, and such other matters deemed relevant by the City Council. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does hereby confirm the report of the costs of abatement as contained in Exhibit B, B1 through B2 of this Resolution. BE IT FURTHER RESOLVED that the costs of abatement shall be levied as a special assessment against the property and that these costs shall be certified to the auditor of Contra Costa County so that the costs of abatement shall be collected at the same time and in the same manner as ordinary municipal taxes. BE IT FURTHER RESOLVED that a certified copy of this Resolution confirming the abatement costs for the properties identified in Exhibit A of this Resolution shall be filed with the County Auditor on or before October 2, 2014. BE IT FURTHER RESOLVED that the City Manager or designee shall take such action as may be necessary to record the abatement costs for the property identified in Exhibits A and B of this Resolution with the County Recorder as a lien against the property as provided for in El Cerrito Municipal Code Section 16.26 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 1 I CERTIFY that at a regular meeting on September 22, 2014 the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 2 EXHIBIT A El Cerrito List of Real Abated Properties 9-22-2014 APN Street Address 510-[PHONE REDACTED] EL DORADO AVE 501-[PHONE REDACTED] MACDONALD AVE ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 3, Exh. B(1) p.1 FIRE SAFETY CLEARING Aug. 22nd , 2014 [PHONE REDACTED] INVOICE# 43800-5 To: El Cerrito Fire Dept. 5619 El Dorado El Cerrito, CA. 94530 -Trash and Debris removal -Weed Abatement, sprouts *as per City of El Cerrito Fire Dept. codes and reg. TOTAL DUE……..$2150.00 Please make check payable to: Teo Carlone 1224 Masonic Ave. Berkeley, CA. 94706 Thanks for the work. Hope everything looks O.K. ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 3 EXHIBIT B-1 page 2 REPORT ON ABATEMENT OF FIRE HAZARDS EL CERRITO FIRE DEPARTMENT Property: Parcel Number: 510-042-019 Property Address: 5619 EL DORADO AVE, EL CERRITO, CA 94530 Contact Address: 5619 EL DORADO AVE, EL CERRITO, CA 94530 Owner’ Name: SMITH, ARCHIE & BERNICE Abatement Work Performed: Description: Clearing of weeds, dry brush, trash, and debris from front/side yards; removal/hauling of all cuttings, trash, and debris Date Work Performed: August 19, 2014 Work Performed By: Fire Safety Clearing 1224 Masonic Ave. Berkeley, CA 94706 510- 541-2130 Contracted $2150.00 Administrative Costs: Fire Department Investigation, Boundary determination and supervision 1 Hr, 45 min. X $315.00 Fire Department Administration Fees 1 Hr, 45 min. X $315.00 Property Tax collection fee N/C County Recording and Administration fees N/C TOTAL ABATEMENT COST: $ 2780.00 Certified by: Date: David Ciappara Fire Prevention Officer Page 2 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 3 Exhibit B-1 page 3 EL CERRITO CITY ADMINISTRATIVE COST WORK SHEET 5619 El Dorado Ave. 6/5/2014 - Initial inspection and notice…...…15 min @ $180.00/hr….………....$45.00 7/8/2014 – Re-inspection min @ 45.00 7/9/2014 - Office work for City Council Meeting...... 15 min @ 180.00/hr….….. 45.00 7/16/2014 – Re-inspection and notice..……..….15 min @ 45.00 8/13/2014 - Vendor bid inspection….……..…30 min @ 90.00 8/19/2014 - Vendor observation / inspection…..……30 min @ 90.00 9/3/2014 - Office work for City Council Meeting…....30 min @ 180.00/hr….…. 90.00 10/2/2014 - County Record Abatement Martinez..…..60 min @ 180.00/hr…… 180.00 TOTAL ADMINISTRATIVE $ 630.00 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 3 Exh. B(2) p. 1 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 3 EXHIBIT B-2 page 2 REPORT ON ABATEMENT OF FIRE HAZARDS EL CERRITO FIRE DEPARTMENT Property: Parcel Number: 501-030-020 Property Address: 5528 MACDONALD AVE, EL CERRITO, CA 94530 Contact Address: 5528 MACDONALD AVE, EL CERRITO, CA 94530 Owner’ Name: HESLOP, LEE & TERESA C Abatement Work Performed: Description: Clearing of weeds and dry brush from front/side yards; removal/hauling of cuttings Date Work Performed: August 19, 2014 Work Performed By: Oakland Hills Brush Clearing 6114 LaSalle Ave., #235 Oakland, CA 94611 510- 339-9991 Contracted $585.00 Administrative Costs: Fire Department Investigation, Boundary determination and supervision 1 Hr, 45 min. X $315.00 Fire Department Administration Fees 1 Hr, 45 min. X $315.00 Property Tax collection fee N/C County Recording and Administration fees N/C TOTAL ABATEMENT COST: $ 1215.00 Certified by: Date: David Ciappara Fire Prevention Officer Page 2 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 3 Exhibit B-2 page 3 EL CERRITO CITY ADMINISTRATIVE COST WORK SHEET 5528 MacDonald Ave. 6/5/2014 - Initial inspection and notice…...…15 min @ $180.00/hr….………....$45.00 7/8/2014 – Re-inspection min @ 180.00/hr…….........……45.00 7/9/2014 - Office work for City Council Meeting..... 15 min @ 180.00/hr….…... 45.00 7/16/2014 – Re-inspection and notice..……..….15 min @ 45.00 8/13/2014 - Vendor bid inspection….……..…30 min @ 90.00 8/19/2014 - Vendor observation / inspection…..……30 min @ 90.00 9/3/2014 - Office work for City Council Meeting…....30 min @ 180.00/hr….…. 90.00 10/2/2014 - County Record Abatement Martinez..…..60 min @ 180.00/hr…… 180.00 TOTAL ADMINISTRATIVE $ 630.00