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HomeMy WebLinkAboutItem No. 28 Amends to Chapter 8.18 LEMC Weed AbatementCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-192 Agenda Date: 5/25/2021 Status: Approval FinalVersion: 1 File Type: Council Business Item In Control: City Council / Successor Agency Agenda Number: 28) Amendments to Chapter 8.18 of the Lake Elsinore Municipal Code Related to Weed Abatement Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.18 OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO HAZARDOUS VEGETATION AND RUBBISH ABATEMENT. Page 1 City of Lake Elsinore Printed on 5/20/2021 Page 1 of 3 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared By: Justin Kirk, Assistant Community Development Director Date: May 25, 2021 Subject: Amendments to Chapter 8.18 of the Lake Elsinore Municipal Code Related to Hazardous Vegetation and Rubbish Abatement Recommendation Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.18 OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO HAZARDOUS VEGETATION AND RUBBISH ABATEMENT. Background Due to annual rain, vegetation can quickly grow out of control. Tall weeds and overgrowth can harbor vermin and other nuisances. Weeds and brushes are not only unsightly but also pose a hazard when they become dry fuel for a fire to consume. Also, overgrowth of vegetation can impede the public's ability to use the streets and sidewalks. The Hazardous vegetation and rubbish abatement program is regulated through Lake Elsinore Municipal Code (LEMC) 8.18.152. There are 11,000 vacant parcels throughout the City and the City routinely notices and abates approximately 3,500 properties each year. Not all parcels can be abated due to the presence of fish and wildlife resources or other sensitive habitat within the regulatory jurisdiction of the California Department of Fish and Wildlife. Approximately five hundred eighty (580) parcels are known to contain sensitive habitats for which abatement is prohibited or subject to additional regulatory requirements. Despite this constraint, the City has adopted and successfully implemented nuisance abatement policies and procedures for several years. However, to further protect the community and to reduce the current processing time of seventy-nine (79) days to clear a property, refinements Chapter 8.18 have been identified. The Public Safety Advisory Commission reviewed the proposed amendments to Chapter 8.18 of the Lake Elsinore Municipal Code Related to Weed Abatement and took unanimous action to recommend approval of amendments as identified in the attached Ordinance. MCA 2020-02 (WA Ordinance) 05/25/2021 Page 2 of 3 Discussion The purpose of the hazardous vegetation and rubbish abatement program is to (i) protect public health, safety, and welfare of the City; (ii) reduce the nuisances that weeds, brush, dead trees, and rubbish cause the community, and (iii) enforce the responsibility and duty that property owners must prevent and abate nuisances. This program is currently administered by the City’s Fire Marshal with support from Code Enforcement. The optimum time to abate is between April 1-June 30 of every year as this is the time the rainy season has concluded and is before the start of fire season. Starting too early necessitates further abatement later in the year while starting too late in the season results in potentially exposing properties to hazardous conditions. As codified, the City’s Weed Abatement program can take seventy-nine (79) days to clear property and results in the clearing of properties sometimes extending out to October, far outside the optimum time to abate. The duration of the hazardous vegetation/rubbish nuisance abatement cycle has resulted in the Staff’s assessment of the program. This process included an analysis of the City’s program with the surrounding jurisdiction’s abatement procedures. Currently, the City’s process consists of: 1. Conduct initial inspections of vacant properties/three (3) days 2. Send initial Notice of Violation to the property owner/three (3) days 3. Forty-five (45) day notice period to abate the property /forty-five (45) days 4. Conduct second inspection/three (3) days 5. Send second Notice of Violation/three (3) days 6. Fifteen (15) day notice period to abate the property/fifteen (15) days 7. Conduct final inspection/three (3) days 8. Schedule removal with City contractor/three (3) days 9. City contractor clears hazardous vegetation/rubbish/one (1) day 10. City mails notification to the property owner for cost recovery to property owners/three (3) days 11. City Council considers delinquent bills for assessment to property taxes at a duly noticed public hearing/thirty (30) days 12. City Attorney files delinquencies with County Tax Assessor for charges to be placed on property taxes/seven (7) days. The structural noticing period before the clearing of properties codified is sixty (60) days which combined with processing times leads to the total potential abatement process taking approximately seventy-nine (79) days to clear property. Even if all properties are initially inspected on April 1st, the point in time when actual abatement occurs is outside the optimum performance period. As a result of the process falling outside of the optimum period, staff reviewed how other programs are structured and identified two key differences: the number of notices sent, and the notice period, as follows:  Menifee – one (1) notice, 30 days to comply  Murrieta – one (1) notice, 15 days to comply  Riverside County – one (1) notice, 30 days to comply  Temecula – one (1) notice, 30 days to comply MCA 2020-02 (WA Ordinance) 05/25/2021 Page 3 of 3  Wildomar – one (1) notice, 30 days to comply  Lake Elsinore – two (2) notices, 60 days to comply Based upon the review of other jurisdictions and the amount of time it currently takes to complete the full abatement cycle, the staff is recommending the following abatement cycle: 1. Conduct initial inspections of vacant properties/three (3) days 2. Send initial Notice of Violation to the property owner/three (3) days 3. Thirty (30) day notice period to abate the property /thirty (30) days 4. Conduct final inspection/three (3) days 5. Schedule removal/three (3) days 6. Removal/one (1) day 7. A City contractor cleans noncompliant properties 8. Send bills for cost recovery to property owners 9. City Council considers delinquent bills for assessment to property taxes 10. City Attorney files delinquencies with County Tax Assessor for charges to be placed on property taxes The revised hazardous vegetation/rubbish abatement cycle reduces processing time to abated nuisances to approximately forty-three (43) days instead of seventy-nine (79) days. This is largely accomplished by eliminating the second notice and reducing the initial notice period from forty- five (45) days to thirty (30) days. Additionally, modifications to the Ordinance include cleanup of definitions and updates of provisions for consistency with the applicable Government Code. The revisions continue to maintain adequate public notice and create a greater uniformity with our surrounding communities while reducing the overall timing. During the last update to the ordinance, in 2015, there was a concern raised by the PSAC about ensuring that property owners had additional time to correct conditions or file an appeal. However, the lengthening of the process did not result in either increased compliance activities by property owners or such owners taking advantage of appeals procedures. Therefore, staff recommends modification of Chapter 8.18 as discussed above. Environmental Determination The proposed amendments to the Lake Elsinore Municipal Code are procedural and exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically under Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines, and because there is no possibility that it may have a significant effect on the environment. Exhibits: A. Ordinance ORDINANCE NO. 2021-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.18 OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO WEED ABATEMENT Whereas, the City desires to amend the Lake Elsinore Municipal Code (“LEMC”) to regulate weed abatement in accordance with State law in order to promote the health, safety, and general welfare of the residents and businesses within the City; and Whereas, amendment of the LEMC to regulate weed abatement requires several amendments to Title 8 related to definitions, noticing, and other relevant provisions; and Whereas, on April 21, 2021, at a duly noticed public meeting the Public Safety Advisory Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and took unanimous action to recommend approval to the City Council; and Whereas, on May 25, 2021, at a duly noticed public hearing, the City Council has considered the recommendation of the Community Development Department, as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The City Council has reviewed and analyzed the proposed amendments to the Lake Elsinore Municipal Code and finds and determines that the ordinance is in compliance with the goals and policies of the City of Lake Elsinore General Plan, that the ordinance will not be detrimental to the public interest, health, safety, convenience, or general welfare of the c ity; and that it is internally consistent with other applicable provisions of the Lake Elsinore Municipal Code. Section 2: The City Council hereby finds and determines that the proposed amendments to the Lake Elsinore Municipal Code are exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the City Council approves the amendment of Chapter 8.18 of the Lake Elsinore Municipal Code attached hereto as Exhibit “A”. Section 4: If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. Section 5: This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. Ord. No. 2021-___ Page 2 of 6 Section 6: Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law. Passed and Adopted on this _____day of __________, 2021. __________________ Robert Magee, Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. 2021-_____ was introduced at the Regular meeting of _________, 2021, and adopted by the City Council of the City of Lake Elsinore at its R egular meeting of ________, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the _____day of __________, 2019, and on the ______day of _________, 2021. ____________________________ Candice Alvarez, MMC City Clerk Ord. No. 2021-___ Page 3 of 6 “Exhibit A” 8.18.152 Hazardous vegetation and rubbish abatement program. A. Pursuant to Government Code Sections 39501 and 39502, the City of Lake Elsinore adopts the following procedures making it the responsibility and duty of the property owners, lessees, and occupants of real property within the City to prevent and abate public nuisances caused by weeds, hazardous vegetation or rubbish on or about their property any parcel. B. The following definitions apply to the City’s hazardous vegetation and rubbish abatement program: 1. “Weeds” include (a) any vegetation or plants which when mature bear seeds of a downy or wingy nature; (b) sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace; (c) poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health, and weeds that are otherwise noxious or dangerous; (d) overgrown vegetation which is likely to harbor rats or vermin, or which constitutes a fire hazard; (e) dry grass, stubble, brush, or other flammable material which endangers the public safety by creating a fire hazard; (f) large amounts of dead, dying or diseased vegetation; and (g) any other brush, vines, trees, grass, plants, or vegetation that is injurious to public health, safety, welfare or is otherwise hazardous or unsightly to the community. 2. “Rubbish” includes, but is not limited to, trash or refuse consisting of uncontained paper, cardboard, wood, dry grass or brush, dirt, plastic, rubber, metal or ceramic wreckage, glass, junk, disassembled automobiles, machinery, or parts thereof, or any other discarded material which may be combustible or deleterious to the public health, safety, or welfare, or any material which by reason of its location and/or character may hamper or interfere with the prevention or suppression of fire upon the premises or adjacent premises. 3. “Fire Chief” means the Fire Chief of the City of Lake Elsinore or designee. 4. “Hazardous vegetation’’ means vegetation that is flammable and endangers the public safety by creating a fire hazard, including, but not limited to, seasonal and recurrent weeds, stubble, brush, dry leaves and tumbleweeds. 5. “Improved parcel” means a portion of land of any size, the area of which is determined by the County Assessor’s maps and records and may be identified by an assessor’s parcel number upon which a structure is located. 6. “Parcel” means a portion of land of any size, the area of which is determined by the County Assessor’s maps and records and may be identified by an assessor’s parcel number. 7. “Structure” means any dwelling, house, building or other type of flammable construction, including, but not limited to, a wood fence attached to or near any other structure. C. It shall be unlawful, and is hereby declared a public nuisance, for the owner(s), lessee(s), or occupant(s) of real property within the City to maintain, permit, or allow such premises to be Ord. No. 2021-___ Page 4 of 6 maintained in such a condition where weeds, hazardous vegetation or rubbish negatively affect the public health, safety, or welfare. It is also hereby declared the duty and responsibility of the owner(s), lessee(s), and occupant(s) of real property within the City to prevent and abate any and all conditions of weeds, hazardous vegetation or rubbish that negatively affect the public health, safety, or welfare. D. The City Manager or designee shall adopt standards consistent with this section for the maintenance, prevention, and abatement of weeds and rubbish on all lots and parcels of real property within the City and make the same reasonably available to the public. D. It shall be the duty of every owner, lessee and occupant of real property within the City parcel of land or interest therein which is in the City to clear therefrom, including sidewalks and parkways adjacent to such property, all weeds, hazardous vegetation and rubbish. E. The City Manager or designee shall have authority to declare violations of this section and the standards adopted pursuant hereto, and to enforce the same against the owner(s), lessee(s) and occupant(s) of the property upon which such conditions exist. F. The City Manager Fire Chief or designee shall enforce the duty set forth in this subsection hereof, to issue a notice to abate by personal service or by mailing the notice by certified mail to the property owner as his or her name appears on the most recent equalized assessment roll and to the address as shown in the records of the County Assessor. cause a 45-day notice to be issued to the owner(s) of the lot or parcel of real property and any other lessee(s) or occupant(s) against whom enforcement of this section is sought and/or from whom cost recovery will be made. The notice shall contain: 1. A reasonable description of the lot or parcel of real property upon which the violation exists; 2. A reasonable description of the violating conditions constituting the nuisance; 3. The relevant standards for maintenance, prevention, and abatement of weeds, hazardous vegetation and rubbish adopted pursuant to this section; 4. Reference to this section; 5. An order to remove the violating conditions and bring the property into compliance within 45 30 calendar days; 6. A description of the consequences of failure to comply as prescribed in this section, and 7. A statement that a written appeal may be filed with the City Manager or designee thereof. E. The requirements of subsection-section D shall be satisfied if the owner, lessee or occupant clears the property by disking, mowing or any other method described in said notice as follows: 1. A 100-foot wide strip of land at the boundary of an unimproved parcel adjacent to a roadway; and/or Ord. No. 2021-___ Page 5 of 6 2. A 100-foot wide strip of land around structure(s) located on an adjacent improved parcel (some or all of this clearance may be required on the unimproved parcel depending upon the location of the structure on the improved parcel). 3. The Fire Chief may require more than a 100-foot width or less than a 100-foot width for the protection of public health, safety or welfare or the environment. The determination for appropriate clearance distances will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or adjoining structure(s) at risk from a fire. These factors shall include local weather conditions, fuel type(s), topography and the environment where the property or adjoining structure(s) is located. 4. Where the parcel’s terrain is such that it cannot be disked or mowed, the Fire Chief may require, or authorize, that other means of removal be used. G. The notice required shall be served upon the owner(s) and any lessee(s) or occupant(s), or the authorized agents thereof, by any of the following methods: 1. By personal service; or 2. By mail sent to the address as reflected on the last equalized assessment roll of the County or agent thereof, or as otherwise known to the City; or 3. By posting the notice conspicuously on or in front of the property upon which the violation exists. H G. After the initial 45 30-day notice, if the property has not been brought into compliance and no written appeal has been filed in accordance with LEMC 8.18.040, a 15-day notice shall be issued. This notice shall be made in accordance with subsection (F) of this section except that it shall order the property be brought into compliance in no less than 15 days and shall state that any written appeal must be filed in no less than 15 calendar days with the City Manager or designee thereof. The 15-day notice shall be served by certified mail addressed to the owner(s) and any lessee(s) or occupant(s) as reflected on the last equalized assessment roll of the County or agent thereof, or as otherwise known to the City. An administrative fee shall also be assessed upon issuance of the 15-day notice. I. All appeal and hearing procedures shall be governed by LEMC 8.18.040. Failure to file a timely and proper written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. J. If after 15 30 days from the date the second notice was issued the nuisance upon the property has not been abated and no written appeal has been filed in accordance with LEMC 8.18.040, City personnel and/or contractors may enter the property, subject to requirements of law, and take such action as is reasonably necessary to abate the nuisance. K. The City shall keep an itemized accounting of the associated costs incurred by the City to abate the nuisance. All abatement and administrative costs incurred by the City, including all fees and costs as defined in LEMC 8.18.090(A-H), may be recovered by any manner authorized by law, including by lien or assessment pursuant to the procedures set forth in LEMC 8.18.110. Ord. No. 2021-___ Page 6 of 6 L. Abatement of any nuisance under this section may, in the discretion of the City Manager or designee, be contracted to an outside contractor. Should the City contract the abatement process, the City may assign its interest in collecting payment for the work to the contractor which performed the work, as payment to the contractor.