HomeMy WebLinkAbout2022 Weed Abatement - Adopt Resolution No. 2022-11 Declaring 2000 Main Street.
Huntington Beach CA
92648
City of Huntington Beach /VFK9vED 7_0
File #: 22-368 MEETING DATE: 5/3/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Jimmy Hoang, Code Enforcement Supervisor
Subject:
Conduct Public Hearing for the 2022 Annual Weed Abatement Program and authorize the
Director of Public Works to proceed with abatement
Statement of Issue:
On April 5. 2022, the City Council adopted Resolution No. 2022-11 declaring weeds and rubbish on
certain vacant, undeveloped property to be a nuisance. Pursuant to the resolution, a public hearing
must be held before staff can abate these nuisance conditions on private properties at the owner's
expense.
Financial Impact:
Funds in the amount of $12.000 are budgeted in Weed Abatement, Account No. 10060301 .69450, for
the abatement of public and private properties. Costs for City-performed abatement of private
properties are reimbursed to General Fund Account No. 10000100.47415 via a one-time special
assessment added to the Orange County property tax roll of each parcel cleared.
Recommended Action:
A) Open a public hearing for any objections to the proposed removal of weeds and rubbish: and.
B) Authorize the Director of Public Works to proceed with the abatement of the nuisance.
Alternative Action(s):
Postpone the hearing and direct staff to modify the annual weed abatement schedule.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 4/2 712022
372
File #: 22-368 MEETING DATE: 5/3/2022
On April 5, 2022, the City Council adopted Resolution No. 2022-11 declaring that certain weeds,
refuse, and rubbish on public and private properties are a public nuisance, which should be abated,
as provided in California Government Code section 39501. The City cannot commence removal of
weeds, refuse, and rubbish from private property at the owner's expense until a public hearing has
been held to consider any objections to this process. The Resolution adopted a public hearing date
for this purpose of May 3, 2022.
The Resolution requires that the private parcels be posted with a notice and that the posting be
completed at least 10 days prior to this hearing. Posting was completed by April 22, 2022; the
Affidavit of Posting is attached. Additionally, staff mailed a letter via regular U.S. mail service to the
owner of record of each parcel to inform them of this public hearing and of the requirement to clear
their property.
If a private property owner is unable or unwilling to clear their property by their own means, staff will
complete the task. If the City clears the property, the private property owner is billed for the City's cost
as a one-time special assessment on their property tax bill. The County of Orange then remits the
funds back to the City as part of their regular property tax collection process.
Environmental Status:
The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15301(h), which exempts the maintenance of existing landscaping and native growth.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2022-11
2. Affidavit of Posting Notice to Destroy Weeds
3. 2022 Notice to Destroy Weeds and Remove Rubbish and Refuse
City of Huntington Beach Page 2 of 2 Printed on 427/2022
m,erf373 Ley,stw-
RESOLUTION NO. 2022-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUN"TING"TON BEACFI FINDING AND DECLARING THAT CERTAIN
WEEDS GROWING IN THE CITY AND RUBBISH AND REFUSE
DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE-
A PUBLIC NUISANCE; AND FIXING THE TIME FOR HEARING
PROTESTS AND OB.IECTIONS TO THE ABA'I'EMI:N'l THEREOF
WHEREAS, it has come to the attention of the City Council of the City of Huntington
Beach that certain weeds more particularly described below are growing upon certain streets,
sidewalks, parkways and private property in the City of Fluntington Beach, and that rubbish and
refuse are found upon parkways, sidewalks and private property in the City, and that the same
are a public nuisance; and
The City Council of the City of Huntington Beach determines that said weeds and
rubbish and refuse should be removed and abated as a public nuisance in accordance with the
provisions of Division 3, Chapter 13, Article 2 of the California Government Code, commencing
with Section 39560.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
I. Pursuant to the provisions of Division 3, Chapter 13, Article 2 of the California
Government Code commencing with Section 39560 and Huntington Beach Municipal Code,
Chapter 8.16, the City Council of the City of Huntington Beach hereby determines and declares
that weeds that bear seeds of a downy or winged nature, and weeds that attain such a large
growth as to become, when dry, a fire menace, and dry grass, stubble, brush, litter or other
flammable material which endangers the public safety by creating a fire hazard, and weeds that
are otherwise noxious or dangerous, are growing upon certain streets, sidewalks, parkways and
private property in the City, and that rubbish and refuse are found upon parkways, sidewalks and
private property in the City, and the same are hereby declared to be a public nuisance. The
names of such streets as they are commonly known, and the property Gonting such streets,
sidewalks or parkways, or where such nuisance exists are hereinafter particularly described
according to the official assessment maps of the County of Orange, as set forth in Exhibit A,
attached hereto and incorporated by this reference.
2. The Director of Public Works of the City of Fluntington Beach for the purpose of
this Resolution, and pursuant to Section 39560, ei seq., of the California Government Code, is
hereby designated as the person to perform the duties imposed by law, and is hereby instructed
and directed to prepare and post notices, to destroy weeds, or to remove said rubbish and refuse
as required by law. Such notices shall be in accordance with the requirements contained in
Government Code Sections 39564 through 39567, and shall be conspicuously posted on or in
front of the property where the nuisance exists or, if the properly has no frontage, upon any
street, highway or road most likely to give actual notice to the owner. The notices shall be
22-11150/278137 1
374
RL"SOLUTION NO. 2022-11
posted as follows: One notice to each piece or parcel of property in separate ownership of not
over fifty (50) feet frontage; not more than two (2) notices to any such parcel of property in
separate ownership with a frontage of one hundred (100) feet or less; and if the frontage of any
place or parcel of property in separate ownership is greater than one hundred (100) feet, such
notices shall be posted at not more than one hundred (100) feet apart. Such notice shall be
posted at least ten (10) days prior to the time of hearing of objections.
3. The City Council does hereby set May 3, 2022 at 6:00 p.m., as the time, or as
soon thereafter as the matter may be heard, in the Council Chambers in the Civic Center,
Huntington Beach, California as the place for hearing objections and protests to the proposed
removal of such weeds, rubbish and refuse.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of_ 2021
v
6-6-
Mayor
RE EWED AND APPROVED: INITIATED AND APPROVED:
" -
City Manager Director of Community Development
APPROVED R
City Attorney *W
22-11150278137 2
375
2022 Vacant Parcels Private Ownership Reso. No. 2022-11 Exhibit A
APN LOCATION SIZE SQ. FT.
1 023-093-28 CORNER 14TH & MAIN 59 x 105 6,664
2 023-114-14 S/E CORNER 20TH & ACACIA 117.5 X 50 5,875
3 023-124-04 S/SIDE 20TH BTW PECAN & ORANGE 50 X 117.5 5,875
4 023-124-28 S/SIDE 20TH @ PECAN 25 X 117.5 2.938
5 023-124-29 S/SIDE 20TH @ PECAN 25 X 117.5 2.938
6 023-124-30 S/SIDE 20TH @ PECAN 25 X 117.5 2.938
7 023-124-31 S/SIDE 20TH @ PECAN 25 X 117.5 2,938
8 023-127-27 S/SIDE 21ST BTW OLIVE & ORANGE 25 X 117.5 2,938
9 023-134-12 N/SIDE 19TH BTW OLIVE &WALNUT 25 X 95 2,375
10 023-137-02 S/SIDE 21ST BTW PCH &WALNUT 117.5 X 37.5 4,406
11 023-141-17 S/E CORNER 19TH &ACACIA 117.5 X 50 5,875
12 023-147-24 N/W CORNER ACACIA& 16TH 117.5 X 25 2,938
13 023-147-25 N1W CORNER ACACIA& 16TH 117.5 X 25 2,938
14 023-156-14 N/SIDE 17TH BTW OLIVE & ORANGE 117.5 X 25 2,938
15 023-167-04 CORNER OF 17TH AND PCH 163 X 50 8,150
16 023-167-16 CORNER OF 16TH AND PCH I 163 X 25 4.075
17 024-011-25 14th @ ACACIA 25 X 117.5 2,938
18 024-107-09 N/W CORNER 8TH & PECAN 50 X 117.5 5,875
19 024-123-07 N/SIDE OF 8TH ST; BTW PCH & WALNUT 62.5 X 117.5 7,343
20 024=123-08 CORNER PCH & 9TH 150.7 X 74.5 11,788
21 024-124-18 PCH BTW 7TH & 8TH 25 X 110 2750
22 024-134-15 TRIANGLE.E/S LAKE BTW ALLEY & ORANGE ODD 5,640
23 024,142-22 N/SIDE 5TH BTW OLIVE & ORANGE 25 X 107.5 2,688
24 024-144-10 3RD ST, BTW OLIVE AND ORANGE 117.5x 75 8,812
25 024-151:29 PCH SO. CORNER OF 7TH 100 X 108 10,800
26 024-162-04 1 ST ST S OF OLIVE 25 X 117.5 2.937
27 025-180-13 E/SIDE BEACH SO. OF WILLIAMS 125 X 75 9,375
28 025-180-15 S/SIDE WILLIAMS WEST OF BEACH 300 X 120 36,000
29 107-665-13 SARU @ MINORU ODD 2,551
30 107-691-20 SE CORNER BEACH &TERRY 150X150 22.500
31 1110-021-23 WARNER @ SANDRALEE ODD 6.500
32 110-151-10 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
33 110-151-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
34 110-152-07 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
35 110-152-09 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
36 110-152-23 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2.800
37 110-153-05 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
38 110=162-19 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
39 110-163-17 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
40 110-164-06 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
41 110-164-08 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
42 110-164-11 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2.800
43 110-164-12 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
44 110-164-15 ENCYCLOPEDIA - N/OF ELLIS 112 X 50 5,600
45 110-164-18 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
46 110-165-05 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
47 110-182-03 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
48 110-182-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2.800
49 110-184-04 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
5o 110-184-10 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2.800
51 110-186-04 ENCYCLOPEDIA - N/OF ELLIS 112 X 50 5,600
52 110=186-07 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
Page 1 of 3
- 376
2022 Vacant Parcels Private Ownership Rego. No. 2022-11 Exhibit A
APN LOCATION SIZE SQ. FT.
53 110-186-09 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
54 110-186-14 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
55 110-186-16 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
56 110=211-01 W/SIDE GOLDENWEST S/OF ELLIS 25 X 87 2,175
57 110-211-04 W/SIDE GOLDENWEST S/OF ELLIS 25 X 87 2,175
58 110-211-05 W/SIDE GOLDENWEST S/OF ELLIS 175 X 87 15,225
59 111-022-07 S/SIDE OF WARNER, E/OF GOTHARD 97.5 X 80 7,800
60 111-074-02 NE CORNER GARFIELD & GOTHARD ODD 362.870
61 111-120-11 N/E CORNER GARFIELD & GOLDENWEST 20 X 100 2,000
62 111-120-12 N/E CORNER GARFIELD & GOLDENWEST 115 X 50 5,750
63 111-130-09 S/E CORNER GARFIELD& GOLDENWEST 100 x 117 11,700
64 111-130-10 S/E CORNER GARFIELD & GOLDENWEST 50 X 117 5,850
65 111-130-39 S/E CORNER GARFIELD & GOLDENWEST 51 X 117 5,851
66 142-172-01 S/SIDE HEIL @ BEACH ODD 7,600
67 145-092-27 ROYALIST W OF PLYMOUTH 36 X 100 3,700
68 146-221-17 SW CORNER BOLSA CHICA/HAIL 121 X 132 16,988
69 146-311-17 NW CORNER WARNER AND LARK 120 x 177 21,240
70 153-051=11 E/S BEACH N/OF YORKTOWN 100 X 442 44,200
71 153-201-27 S/SIDE GARFIELD W/O BROOKHURST 75 X 400 30,000
72 159-031-18 W/SIDE BEACH N/OF MAIN -------- 34,284
73 159-151-15 GARFIELD E/OF DELAWARE 75 X 100 7,499
74 159-.151-16 GARFIELD E/OF DELAWARE 77 x 150 11,550
75 159-282-14 N/SIDE CLAY BTW HOLLY AND HUNTINGTON ------- 49,800
76 159=393-24 ENCYCLOPEDIA- S/SIDE ELLIS 112 X 25 2,800
77 159-393-59 ENCYCLOPEDIA- S/SIDE ELLIS 112 X 25 2,800
78 159-393-60 ENCYCLOPEDIA.- S/SIDE ELLIS 112 X 25 2,800
79 159-393-67 ENCYCLOPEDIA- S/SIDE ELLIS 50 X 112 5,600
8o 159-393-68 ENCYCLOPEDIA- S/SIDE ELLIS 50 X 112 5,600
81 159-393-69 ENCYCLOPEDIA'- S/SIDE ELLIS ODD 96,416
82 163-302-33 LYNN @ LOS PATOS 79 X 95.5 7,545
83 163-302-34 LYNN @ LOS PATOS 109 X 95.5 10,409
84 167-311-02 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 264 X 174 45,936
65 167-321-10 W/SIDE."B" St. N/OF BLAYLOCK 45 X 116 5,220
s6 167-325-19 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 95 X 100 9,500
87 167-325-20 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 100 X 103 10,300
88 167-325-21 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 30 X 198 5,940
89 178-071-21 S/SIDE EDINGER W/OF BOLSA CHICA 145 X 147 21,344
90 178-161-35 N/S HEIL E/OF LE GRANDE 131 X 220 15,720
91 178-201-28 GREEN BTW PIERCE & NEELY 25 X 49 1,225
92 178-201-29 GREEN BTW PIERCE & NEELY 25 X 49 1,225
93 178-201-30 GREEN BTW PIERCE & NEELY 50 X 49 2,450
94 178-201-31 GREEN BTW PIERCE & NEELY 25 X 49 1,225
95 178-201-32 GREEN BTW PIERCE & NEELY 25 X 49 1,225
96 178-201-33 GREEN BTW PIERCE & NEELY 51 X 49 2,499
97 178-411-17 END OF MALDEN CIRCLE ODD 9,000
98 178-411-19 END OF MALDEN CIRCLE ODD 9,000
99 178-432-03 CHANNEL S/OF ADMIRALTY 125 X 61 7,625
100 178-523-09 I PCH118TH ST'-SUNSET BEACH 80 X 71 5,647
101 178-532-77 JEND OF PARK AVE @ PCH -SUNSET BEACH ODD 4,738
102 178-532-45 END OF, PARK AVE @ PCH - SUNSET BEACH ODD 3,471
103 178-543-19 PCH/6TH ST-SUNSET BEACH 30 x 90 2,700
164 178-551-13IS/SIDE PCH W OF WARNER -SUNSET BEACH 30 x 74 2,250
Page 2 of 3
377
2022 Vacant Parcels Private Ownership Reso. No. 2022-11 Exhibit A
APN LOCATION SIZE
Total Number of Parcels= 104
Page 3 of 3
378
Res. No. 2022-11
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on April 5, 2022 by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
379
AFFIDAVIT OF POSTING NOTICE TO DESTROY WEEDS
State of California )
County of Orange )
Sean Crumby, being duly sworn,deposes, and says:
That he is now and was during all the time mentioned the duly appointed and qualified
Street Superintendent of the City of Huntington Beach, in said County and State.
That on the 5th day of April 2022 the City Council of said City passed its Resolution of
Intention No. 2022-11 declaring that noxious and dangerous weeds were growing upon or in front
of property as described in said Resolution No. 2022-11.
That after adoption of said Resolution he caused to be posted conspicuously, along all the
streets and property within the district described in said Resolution, notices of passage of said
Resolution and headed, "Notice to Destroy Weeds and Remove Rubbish and Refuse," one of
which notices, similar to the notices posted as aforesaid,is annexed hereto and made a part hereof.
That all notices were posted:
(a) One notice to each separately owned parcel of property of not over fifty (50) feet frontage.
(b) Not more than two notices to any such parcel of one hundred (100) feet of frontage or less.
(c) Notices of not more than one hundred (100) feet apart if the frontage of such a parcel is
greater than one hundred (100) feet.
That he completed all the posting of said notices on the 21 st day of April 2022,and thereafter
he made this affidavit and filed it with the City Clerk of the City of Hunti California.
S Crumby
(Superintendent of Streets)
Director of Public Works
C�-
Subscribed and sworn to before me on this day of 2022
TANu Moon[ /
Notary/ublk-Caolornta
0,MW County
ComTnuan/2)5/)65
My Coen.Eorat May 20,2025
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On April 21, 2022 before me, Tania Moore, Notary Public, personally appeared
Sean Crumby, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. „�„Y Pubk* i 0°�"„,,,
*-y
0'&'W cwayCoTimswon"2 IM36!
Cow.uprN wy to.Io:s
(Seal)
(Notary Sign ure)
NOTICE TO
DESTROTWEEDS
AND REMOVE
RUBBISH AND
REFUSE
NOTICE IS HEREBY GIVEN THAT ON THE 5TH DAY OF APRIL 2022, THE CITY COUNCIL, CITY OF
HUNTINGTON BEACH, PASSED RESOLUTION NO. 2022-11.
DECLARING THAT NOXIOUS OR DANGEROUS WEEDS WERE GROWING UPON OR IN FRONT OF THE
PROPERTY ON THIS STREET, AND THAT RUBBISH AND REFUSE WERE UPON OR IN FRONT OF
PROPERTY ON THIS STREET IN THE CITY OF HUNTINGTON BEACH AND MORE PARTICULARLY
DESCRIBED IN THE RESOLUTION, AND THAT THEY CONSTITUTE A PUBLIC NUISANCE WHICH MUST
BE ABATED BY THE REMOVAL OF WEEDS, RUBBISH AND REFUSE. OTHERWISE, THEY WILL BE
REMOVED AND THE NUISANCE ABATED BY THE CITY AND COST OF REMOVAL ASSESSED UPON
THE LAND FROM OR IN FRONT OF WHICH THE WEEDS, RUBBISH AND REFUSE ARE REMOVED AND
WILL CONSTITUTE A LIEN UPON SUCH LAND UNTIL PAID. REFERENCE IS HEREBY MADE TO THE
RESOLUTION FOR FURTHER PARTICULARS. A COPY OF SAID RESOLUTION IS ON FILE IN THE
OFFICE OF THE CITY CLERK.
ALL PROPERTY OWNERS HAVING ANY OBJECTIONS TO THE PROPOSED REMOVAL OF THE
WEEDS, RUBBISH, REFUSE, AND DIRT ARE HEREBY NOTIFIED TO ATTEND A MEETING OF THE CITY
COUNCIL, CITY OF HUNTINGTON BEACH, TO BE HELD ON THE 3RD DAY OF MAY AT THE HOUR OF
6:00 P.M. OR AS SOON THEREAFTER AS POSSIBLE, WHEN THEIR OBJECTIONS WILL BE HEARD
AND GIVEN DUE CONSIDERATION.
DATED THIS 11TH DAY OF APRIL 2022
SEAN CRUMBY, P.E.
DIRECTOR OF PUBLIC WORKS
(SUPERINTENDENT OF STREETS)
CITY OF HUNTINGTON BEACH
382
IF YOU HAVE QUESTIONS REGARDING THIS NOTICE PLEASE CONTACT (714) 375-5155
5/2/2022
��NTING' ro Annual Weed
\NppRPORgTE� Abatement
Public Hearin
ZI Q Community Development
May 3, 2022
aFB 11, 1909.
C0 NT
PROGRAM TIMELINE
April 5. 2022 City Council adopted Resolution No. 2022-11
Weeds, rubbish, and refuse upon certain private properties in the City
were declared a nuisance
Affected properties were identified through document research and field
inspections
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COMMUNICATION
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5/2/2022
PROGRAM TIMELINE
April 13 — 22, 2022: Affected private properties were posted with the Notice to
Destroy Weeds and Remove Rubbish and Refuse
Letters were mailed to private property owners advising on Public Hearing and
annual weed abatement efforts
a�%TINGto
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PROGRAM TIMELINE
May 3, 2022: Public Hearing for objections at City Council meeting
May 23, 2022: Deadline for private property owners to clear properties by
own means
June 1 —8, 2022: Abatement of all properties not cleared by owner
- a�NTINGT0
9
yBFOpUNTV`P`\kOR
2
s/2/2o22
PROGRAM TIMELINE
July 8, 2022: Cost per parcel to be posted on Council Bulletin Board
July 19. 2022: City Council will be requested to certify clearing costs for
inclusion on County 2022-2023 Tax Roll as a one-time special assessment
per parcel
Only parcels cleared by the City are charged a fee
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Questions?
1wwiee ✓Cri, 7 -o
2000 Main Street,
AOMIbi Huntington Beach,CA
City of Huntington Beach 92648
File #: 22-287 MEETING DATE: 4/5/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Jimmy Hoang, Code Enforcement Supervisor
Subject:
Adopt Resolution No. 2022-11 declaring weeds and rubbish a nuisance on specific properties
and scheduling a Public Hearing on May 3, 2022, at 6:00 p.m. for protests and objections to
the abatement thereof
Statement of Issue:
The City annually identifies undeveloped, privately-owned land parcels in the City that have or will
potentially accumulate weeds and/or rubbish in preparation for one-time abatement. The first step in
the abatement process, to allow for cost recovery pursuant to the California Government Code, is to
declare certain properties a public nuisance via resolution.
Financial Impact:
No immediate fiscal impact is associated with declaring certain properties to be a public nuisance.
Recommended Action:
Adopt Resolution No. 2022-11, "A Resolution of the City Council of the City of Huntington Beach
Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited
on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests
and Objections to the Abatement Thereof."
Alternative Action(s):
Do not adopt the resolution, and direct staff to take a different course of action.
Analysis:
The California Government Code includes a provision allowing local governments to declare weeds
and rubbish a public nuisance as a precursor to abatement. Pursuant to this provision, the City of
Huntington Beach has adopted Chapter 8.16 Weed Abatement into the Municipal Code. This chapter
City of Huntington Beach Page 1 of 2 Printed on 3/30/2022
. .._-25. _. ." .
File #: 22-287 MEETING DATE: 4/5/2022
requires that, "all persons owning any real property within the City keep said property free from
weeds or other flammable materials that endanger public safety by creating a fire hazard."
In accordance with HBMC Section 8.16.020 Nuisance Declared, the City Attorney's Office has
prepared a resolution declaring that certain weeds, rubbish, and refuse deposited on specific
properties are a public nuisance, with provisions for posting a notice and abatement of said nuisance.
The resolution establishes May 3, 2022 at 6:00 p.m. as the date and time for the hearing of
objections to the abatement of said nuisance. Exhibit A of the resolution identifies the privately
owned, undeveloped properties that are currently or potentially in violation of the Municipal Code.
Environmental Status:
The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15301(h), which exempts the maintenance of existing landscaping and native growth.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2022-11 , "A Resolution of the City Council of the City of Huntington Beach
Finding and Declaring that Certain Weeds Growing in the City, and Rubbish and Refuse
Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for
Hearing Protests and Objections to the Abatement Thereof," including Exhibit A: 2022 Weed
Abatement - Vacant Parcels Private Ownerships
City of Huntington Beach Page 2 of 2 Printed on 3/30/2022
oowerec26 Leolstar-
RESOLUTION NO. 2022-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN
WEEDS GROWNG N' THE CITY AND RUBBISH AND REFUSE
DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE
A PUBLIC NUISANCE: AND FIXING THE TIME FOR HEARING
PROTESTS AND OBJECTIONS TO THE ABATEMEN'I' THEREOF
WHEREAS, it has come to the attention of the City Council of the City of Huntington
Beach that certain weeds more particularly described below are growing upon certain streets,
sidewalks, parkways and private property in the City of Huntington Beach, and that rubbish and
reftise are found upon parkways, sidewalks and private property in the City, and that the same
are a public nuisance; and
The City Council of the City of Huntington Beach determines that said weeds and
rubbish and refuse should be removed and abated as a public nuisance in accordance with the
provisions of Division 3, Chapter 13, Article 2 of the California Govemment Code, commencing
with Section 39560.
NO`r'r', THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
I. Pursuant to the provisions of Division 3, Chapter l3, Article 2 of the California
Government Code commencing with Section 39560 and Huntington Beach Municipal Code,
Chapter S.16, the City Council of the City of Huntington Beach hereby determines and declares
that weeds that bear seeds of a downy or winged nature, and weeds that attain such a large
growth as to become. when dry, a fire menace, and dry grass, stubble, brush, litter or other
flammable material which endangers the public safety by creating a fire hazard, and weeds that
are otherwise noxious or dangerous, are growing upon certain streets, sidewalks, parkways and
private property in the City, and that rubbish and refuse are found upon parkways, sidewalks and
private property in the City, and the same are hereby declared to be a public nuisance. The
names of such streets as they are commonly known, and the property fronting such streets,
sidewalks or parkways, or where such nuisance exists are hereinafter particularly described
according to the official assessment maps of the County of Orange, as set forth in Exhibit A,
attached hereto and incorporated by this reference.
2. The Director of Public Works of the City of Huntington Beach for the purpose of
this Resolution, and pursuant to Section 39560, et seq., of the California Government Code, is
hereby designated as the person to perform the duties imposed by law, and is hereby instructed
and directed to prepare and post notices, to destroy weeds, or to remove said rubbish and refuse
as required by law. Such notices shall be in accordance with the requirements contained in
Govemment Code Sections 39564 through 39567, and shall be conspicuously posted on or in
front of the property where the nuisance exists or, if the property has no frontage, upon any
street, highway or road most likely to give actual notice to the owner. The notices shall be
22-11150078137 1
RESOLUTION NO. 2022-11
posted as follows: One notice to each piece or parcel of property in separate ownership of not
over fifty (50) feet frontage; not more than two (2) notices to any such parcel of property in
separate ownership with a frontage of one hundred (100) feet or less; and if the frontage of any
place or parcel of property in separate ownership is greater than one hundred (100) feet; such
notices shall be posted at not more than one hundred (100) feet apart. Such notice shall be
posted at least ten (10) days prior to the time of hearing of objections.
3. The City Council does herebv set May 3, 2022 at 6:00 p.m., as the time, or as
soon thereafter as the matter may be heard- in the Council Chambers in the Civic Center,
Huntington Beach, California as the place for hearing objections and protests to the proposed
removal of such weeds, rubbish and refuse.
13ASSED AND ADOPTED by the City Council of the Citv of Huntington Beach at a
regular meeting thereof held on the day of 2 o, / 2022.
60 .
Mayor
EWED AND A PPROVED: INITIATED AND APPROVED:
City Manager U Director of Community Development
APPROVE RV
City Attorney t,W
>-_-1 i isorz7sr,7 2
2022 Vacant Parcels Private Ownership Reso. No. 2022-11 Exhibit A
APN LOCATION SIZE SO. FT.
1 023-093-28 CORNER 14TH & MAIN 59 x 105 6,664
2 023-114-14 S/E CORNER 20TH & ACACIA 117.5 X 50 5,875
3 023-124-04 S/SIDE 20TH BTW PECAN & ORANGE 50 X 117.5 5,875
4 023-124-28 S/SIDE 20TH @ PECAN 25 X 117.5 2,938
5 023-124-29 S/SIDE 20TH @ PECAN 25 X 117.5 2,938
6 023-124-30 S/SIDE 20TH @ PECAN 25 X 117.5 2,938
7 023-124-31 S/SIDE 20TH PECAN 25 X 117.5 2,938
8 023-127-27 S/SIDE 21ST BTW OLIVE & ORANGE 25 X 117.5 2,938
9 023-134-12 N/SIDE 19TH BTW OLIVE & WALNUT 25 X 95 2,375
io 023-137-02 S/SIDE 21ST BTW PCH & WALNUT 117.5 X 37.5 4,406
11 023-141-17 S/E CORNER 19TH & ACACIA 117.5 X 50 5,875
12 023-147-24 N/W CORNER ACACIA& 16TH 117.5 X 25 2,938
13 023-147-25 N/W CORNER ACACIA& 16TH 117.5 X 25 2,938
14 023-156-14 N/SIDE 17TH BTW OLIVE & ORANGE 117.5 X 25 2,938
15 023-167-04 CORNER OF 17TH AND PCH 663 X 50 8,150
16 023-167-16 CORNER OF 16TH AND PCH 163 X 25 4,075
17 024-011-25 14th @ ACACIA 25 X 117.5 2,938
18 024-107-09 N/W CORNER 8TH & PECAN 50 X 117.5 5,875
19 024-123-07 N/SIDE OF 8TH ST; BTW PCH & WALNUT 62.5 X 117.5 7,343
20 024-123-08 CORNER PCH & 9TH 150.7 X 74.5 11,788
21 024-124-18 PCH BTW 7TH & 8TH 25 X 110 2750
22 024-134-15 TRIANGLE E/S LAKE BTW ALLEY & ORANGE ODD 5,640
23 024-142-22 N/SIDE 5TH BTW OLIVE & ORANGE 25 X 107.5 2,688
24 024-144-10 3RD ST, BTW OLIVE AND ORANGE 117.5x 75 8,812
25 024-151-29 PCH SO. CORNER OF 7TH 100 X 108 10,800
26 024-162-04 1ST ST S OF OLIVE 25 X 117.5 2,937
27 025-180-13 E/SIDE BEACH SO. OF WILLIAMS 125 X 75 9,375
28 025-180-15 S/SIDE WILLIAMS WEST OF BEACH 300 X 120 36,000
29 107-665-13 SARU @ MINORU ODD 2,551
30 107-691-20 SE CORNER BEACH & TERRY 150X150 22,500
31 110-021-23 WARNER @ SANDRALEE ODD 6,500
32 110-151-10 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
33 110-151-11 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
34 110-152-07 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
35 110-152-09 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
36 110-152-23 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
37 110-153-05 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
38 110-162-19 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
39 110-163-17 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
40 110-164-06 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
41 110-164-08 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
42 110-164-11 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
43 110-164-12 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
44 110-164-15 ENCYCLOPEDIA- N/OF ELLIS 112 X 50 5,600
45 110-164-18 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
46 110-165-05 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
47 110-182-03 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
48 110-182-11 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
49 110-184-04 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
50 110-184-10 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
51 110-186-04 ENCYCLOPEDIA- N/OF ELLIS 112 X 50 5,600
52 110-186-07 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2.800
Page 1 of 3
2022 Vacant Parcels Private Ownership Reso. No. 2022-11 Exhibit A
APN LOCATION SIZE SQ. FT.
53 110-186-09 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
54 110-186-14 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
55 110-186-16 ENCYCLOPEDIA- N/OF ELLIS 112 X 25 2,800
56 110-211-01 W/SIDE GOLDENWEST S/OF ELLIS 25 X 87 2,175
57 110-211-04 W/SIDE GOLDENWEST S/OF ELLIS 25 X 87 2,175
58 110-211-05 W/SIDE GOLDENWEST S/OF ELLIS 175 X 87 15,225
59 111-022-07 S/SIDE OF WARNER, E/OF GOTHARD 97.5 X 80 7.800
6o 111-074-02 NE CORNER GARFIELD & GOTHARD ODD 362,870
61 111-120-11 N/E CORNER GARFIELD & GOLDENWEST 20 X 100 2,000
62 111-120-12 N/E CORNER GARFIELD & GOLDENWEST 115 X 50 5,750
63 111-130-09 S/E CORNER GARFIELD & GOLDENWEST 100 x 117 11,700
64 111-130-10 S/E CORNER GARFIELD & GOLDENWEST 50 X 117 5,850
65 111-130-39 S/E CORNER GARFIELD & GOLDENWEST 51 X 117 5,851
66 142-172-01 S/SIDE HEIL @ BEACH ODD 7,600
67 145-092-27 ROYALIST W OF PLYMOUTH 36 X 100 3,700
68 146-221-17 SW CORNER BOLSA CHICA/HAIL 121 X 132 16,988
69 146-311-17 NW CORNER WARNER AND LARK 120 x 177 21,240
70 153-051-11 E/S BEACH N/OF YORKTOWN 100 X 442 44,200
71 153-201-27 S/SIDE GARFIELD W/O BROOKHURST 75 X 400 30,000
72 159-031-18 W/SIDE BEACH N/OF MAIN 34,284
73 159-151-15 GARFIELD E/OF DELAWARE 75 X 100 7,499
74 159-151-16 GARFIELD E/OF DELAWARE 77 x 150 11,550
75 159-282-14 N/SIDE CLAY BTW HOLLY AND HUNTINGTON 49,800
76 159-393-24 ENCYCLOPEDIA- S/SIDE ELLIS 112 X 25 2,800
77 159-393-59 ENCYCLOPEDIA- S/SIDE ELLIS 112 X 25 2,800
78 159-393-60 ENCYCLOPEDIA- S/SIDE ELLIS 112 X 25 2,800
79 159-393-67 ENCYCLOPEDIA - S/SIDE ELLIS 50 X 112 5,600
8o 159-393-68 ENCYCLOPEDIA - S/SIDE ELLIS 50 X 112 5,600
81 159-393-69 ENCYCLOPEDIA- S/SIDE ELLIS ODD 96,416
82 163-302-33 LYNN @ LOS PATOS 79 X 95.5 7,545
83 163-302-34 LYNN @ LOS PATOS 109 X 95.5 10,409
84 167-311-02 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 264 X 174 45,936
85 167-321-10 W/SIDE "B" St. N/OF BLAYLOCK 45 X 116 5,220
86 167-325-19 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 95 X 100 9,500
87 167-325-20 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 100 X 103 10,300
88 167-325-21 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 30 X 198 5,940
89 178-071-21 S/SIDE EDINGER W/OF BOLSA CHICA 145 X 147 21,344
eo 178-161-35 N/S HEIL E/OF LE GRANDE 131 X 120 15,720
91 178-201-28 GREEN BTW PIERCE & NEELY 25 X 49 1,225
92 178-201-29 GREEN BTW PIERCE & NEELY 25 X 49 1,225
93 178-201-30 GREEN BTW PIERCE & NEELY 50 X 49 2,450
94 178-201-31 GREEN BTW PIERCE & NEELY 25 X 49 1,225
95 178-201-32 GREEN BTW PIERCE & NEELY 25 X 49 1,225
96 178-201-33 GREEN BTW PIERCE & NEELY 51 X 49 2,499
67 178711-17 END OF MALDEN CIRCLE ODD 9,000
98 178-411-19 END OF MALDEN CIRCLE ODD 9,000
99 178-432-03 CHANNEL S/OF ADMIRALTY 125 X 61 7,625
ioo 178-523-09 PCH118TH ST -SUNSET BEACH 80 X 71 5,647
iol 178-532-77 END OF PARK AVE @ PCH - SUNSET BEACH ODD 4,738
102 178-532-45 END OF PARK AVE @ PCH - SUNSET BEACH ODD 3,471
103 178-543-19 PCH/6TH ST-SUNSET BEACH 30 x 90 2,700
104 178-551-13 S/SIDE PCH W OF WARNER -SUNSET BEACH 30 x 74 2,250
Page 2 of 3
2022 Vacant Parcels Private Ownership Reso. No. 2022-11 Exhibit A
APN LOCATION SIZE SO. FT.
Total Number of Parcels = 104
Page 3 of 3
Res. No. 2022-11
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on April 5, 2022 by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
9A�a4aJittd
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California