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8B Consent 2009 1102
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8B Consent 2009 1102
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10/30/2009 9:58:11 AM
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10/30/2009 9:58:10 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/2/2009
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_CC Agenda 2009 1102
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\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1102
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Weed Abatement Ordinance Amendment 2 October 19, 2009 <br />For forcible weed abatement, staff proposes to also record a certificate of Lis Pendens against a <br />property after an abatement. A Lis Pendens is a notice recorded against a property that notifies <br />new purchasers that a code enforcement related fine was recorded against a property and must be <br />paid to resolve the cloud on title created by the Lis Pendens. If an owner sells or transfers the <br />property after a notice is recorded, new owners receive record notice of the fine and abatement <br />costs related to the property. Staff believes this will aid in the collection of costs and fines <br />related to forcible weed abatement. <br />Staff members from the City Manager's Office, the Planning Department, the City Attorney's <br />Office and the Police Department met to discuss proposed changes to the Weed Abatement <br />Ordinance. A summary of the recommended revisions is listed below: <br />^ Enforcement steps would consist of the issuance of two Notices of Violation prior to <br />abatement of the violation. <br />^ A Weed Abatement Ordinance Hearing Body, composed of three (3) managers would decide <br />all matters related to the enforcement of the ordinance. <br />^ Staff recommends the City Council approve the revised Ordinance. <br />^ Staff to file Lis Pendens with the Alameda County Assessor's office against properties that <br />do not pay Weed Abatement Ordinance fines and abatement costs. <br />Current City Council Policy <br />Chapter 1-12, Title of the San Leandro Municipal Code <br />City Council Committee Review and Action <br />Rules and Communications Committee, September 22, 2009 meeting. <br />Code Compliance Review <br />Staff of Code Compliance concurs with proposed amendments. <br />Fiscal Impact <br />None. <br />Attachments <br />None. <br />CONCLUSION <br />The adoption of the amendments to the existing Weed Abatement Ordinance would facilitate an <br />expeditious means to bring a property into compliance. <br />
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