Angela Doyle, Senior Accountant

Ted Williams, Financial Analyst

Mary Rister, Finance Manager

Adopt a Resolution of the City Council of the City of Rocklin Accepting a Report on the Costs of Abatement and Setting a Public Hearing on Delinquent Nuisance Abatement Charges (Weed Abatement).

• Each year, the City notifies land owners of vacant lots that they must maintain their property to minimize fire risk.  If the properties are not properly abated by the land owners, the City has the right, under State law, to abate the properties and seek reimbursements for these costs.

• Rocklin Municipal Code section 8.12.010 and California Government Code Section 39501 provides: “The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If he defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at his expense by a city officer.  The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.”
• California Government Code Sections 39502 through 39588 set forth the requirements for notice, including a public hearing for this weed abatement process.
• On May 11, 2016, Rocklin entered into a multi-year Contractors Services Agreement for weed abatement services with Scott and Sons Weed Control.
• On April 24, 2018, Council approved Resolution No. 2018-79, which identified parcels requiring abatement, ordered that such abatement be completed by June 1, 2018, and set a public hearing for May 8, 2018, to hear any protests.  This resolution also indicated the City may perform abatement on properties that were not properly abated by the owners and indicated that the City would bill the responsible land owner for any costs incurred by the City.
• In accordance with California Government Code Section 39567.1, land owners of affected parcels were notified by mail of the public hearing and abatement requirements.
• On May 8, 2018, Council held a public hearing and ordered the nuisance be abated.
• Scott and Sons Weed Control performed abatement on properties that had not been abated by the owners and billed the City for its costs. 
• The City then billed the property owners for fees associated with abating their land and the City sent second notices on those properties that did not respond to the first invoice.
• Government Code section 39574 et seq. require the Council to receive a report on the costs of abatement prior to setting a public hearing to consider imposing a lien on the parcels.
• If the City intends to impose property tax liens on parcels with unpaid weed abatement charges, State law indicates that the City hold a public hearing and notify affected parties.   

Placement of property tax liens on the tax rolls would result in the City being reimbursed $6,478.00 in weed abatement fees plus $971.70 in administrative fees.