Ventura County Grand Jury • 2003-2004

Ventura Coimfy2003-2004GrandJury FinalReporf Weed Abatement Works!

Published: May 20, 2004 6 pages
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Note: Missing finding numbers detected: F5, F17

Findings and Recommendations 27 findings

F02
The chief, members ofthe fire prevention bureau and otherrepresentatives as designated by the chiefshall inspect, often buildings and as as necessary, premises, includingsuch other hazards appliances designatedby the chief or for the purpose ofascertainingand causingto be corrected any conditions I whichwould reasonablytend to cause fire or contribute to its spread or any violation ofthe purpose or provisions ofthis code and any other law or standardaffectingfire safety. (103.3.1. I)
No recommendations for this finding
F03
The chiefis authorized to issue a citation to persons operating or maintaining an occupancy, premises or vehicle subject to this codewho allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, WesdAbatementWorks! 1 premises or vehicle when ordered or notified to do so. Such persons shall be subject to the criminal sanctions set forth in California State Health and Safety Code Section 13871. (103.4.4)
No recommendations for this finding
F04
Definitions used within sections applicable to the weed abatement process: Combustible Material: includes seasonal and recurrentweeds, stubble, brush, dryleaves, tumbleweeds, rubbish, litter, flammable material of or kind. I any I Parcel: is a portion ofland of any size, the area ofwhich is determinedby the assessor's maps and records and may be identifiedby an assessor's parcel number whether or not any buildings are present. Public Nuisance: is a declarationby the chiefthat the presence of I combustible materials parcel creates fire hazard. on a a Reference to Board ofDirectors is to the Ventura County Board of O I Supervisors, they also the Board ofDirectors. as are I F-05. Nuisance defined the notices is follows: "you hereby notified that as on as are I seasonal andrecurrentweeds, stubble, brush, dry grass, dry leaves, tumbleweeds, rubbish, litter, flammablematerials of kindpresent or any on your property, constitute a fire hazard and a public nuisance and mustbe I cleared in accordancewith theVentura CountyFire ProtectionDistrict Ordinances and the California State Health and Safety Code.` I
No recommendations for this finding
F06
All parcels declared public shallbe cleared entirely ofcombustible a nuisance material. Ifthe chiefdeterminesthis impractical, the provisions ofSection 1103.4.4 be used. (1103.4.3) may
No recommendations for this finding
F07
Any leasing, controlling, operating maintaining building person owning, or any in upon, or adjoining any hazardouswatershedfire area, and anyperson owning, leasing or controlling any land adjacent to such buildings, shall at all times maintain around and adjacentto suchbuilding effective firebreak an made by removingand clearing away, all combustiblematerial for a distance I not less than 100 feet from all portions ofthebuilding. (1103.4.4)
No recommendations for this finding
F08
The chiefshall written order the of parcel, serve a upon owner or possessor a when, his opinion, public exists thereon. The order shall direct in a nuisance such owner or possessorto remove or abate the public nuisancewithinten days after such order is given. Every owneror possessor who fails or refuses to abate such public from such parcel within ten days afterbeingserved nuisance with such order is guilty of a misdemeanor. Evidence that the current assessmentroll ofthe County shows real property assessed to a person shall constitute prima facia (sic) evidence that such person is the owner ofsuch property. (1103.4.5)
No recommendations for this finding
F09
The chief may, instead of or in addition to, followingthe procedure set forthin section 1103.4.5, n,otice to be mailed. (1103.4.6.1) cause a
No recommendations for this finding
F10
If notice is mailed, the chiefshall provide information specified in Section a 1103.4.5 and shall include a description ofthe property accordingto that set forth on the County assessmentroll, to the last assessee ofthe property at the 2 WeedAbatementWorksi Ventura County2003-2004GrandJury FinaiReporS address given said roll. The chiefshall also provide such notice, including on the description, to the Clerk ofthe Board ofDirectors three days priorto the Board hearing. The notice shall be mailed at leastten days before the Board of Directors meets to hear the report ofthe chiefregardingthe alleged public nuisance. It shall be the responsibilityofthe ofreGord in the current owner assessmentroll to notify anynew owner or possessor ofthe property ofthe noticethat was received and foiwardthe notice to the new owner or possessor ofthe property. It shall also be the responsibilityofthe current of owner record to notify the fire department ofthis change ofownership the form on provided. (1103.4.6.2)
No recommendations for this finding
F11
At the time andplace statedin the notices, the Board ofDirectorsshallmeetto hear the ?eport ofthe chiefand any objectionsthereto. The chief or his designated representative shall attend, inform the Board to the alleged as public nuisance, and supplythe description ofthe parcel upon which it exists, the and address ofthe lastknown thereof, and state what has name assessee been done in order to give notice ofthe hearing accordingto the provisions of this code. The Board may continue the hearingfrom time to time as it sees fit. (1103.4.6.3)
No recommendations for this finding
F12
If after the hearing, the Board ofDirectors finds that public exists a nuisance , parcel, the Board direct the chiefto abate the public upon a may nuisance. The Board shall maintain record ofits proceedings at such hearing and a retain therewiththe report ofthe chiefand description ofsuch parcel and, a where available, the and address ofits lastknown (1103.4.6.4) name assessee.
No recommendations for this finding
F13
Ifthe Board ofDirectors directs the chiefto abate public he shall a nuisance, proceed to abate such nuisance unless it has been completelyabated before his agents arrive to begin such abatement. The chief may expend fire department funds for such abatement and maycontractwith a person or persons for such abatement. (1103.4.6.5)
No recommendations for this finding
F14
The chieOshallkeep an account ofhis expenses when abating a public nuisance pursuant to orderby the Board ofDirectors and file the account thereof an with the Board which shall include description, accordingto the county a assessmentroll, ofthe parcel upon which such public nuisance existed and, when available, the and address ofthe lastknown (1103.4.7.1) name assessee.
No recommendations for this finding
F15
The account of expenses shall be maintained on file, open to public inspection, in the ofRce ofthe Clerk ofthe Board ofDirectors for at least ten days before a hearingofthe Board to confirm such account. Before the expiration ofsuch ten days, any person may file a written requestto be notified ofsuchhearing. Upon confirmationthe Board shall mail notice to the address suppliedfor any suchwritten request. At the time fixed for suchhearing, the Board shall meet to hear any objections to the account of expenses filed by the chief. At such hearingthe Board may make any modification in the amount it deemsjust, afterwhich the account shall be confirmed. (1103.4.7.2)
No recommendations for this finding
F16
The amount of expenses incurredby the chieffor abating a public nuisance when confirmed bythe Board ofDirectors shall constitute special assessment a against the parcel from which the said public removed and lien nuisance was a thereon for the amount ofsuch assessment. (1103.4.7.3) WeedAbatementWorks! 3 Fl7. The Board ofDirectors shall deliver a copy ofthe account, as confirmed, to the Auditor ofthe County before the loth dayofAugustfollowingsuch on or confirmation. (1103.4.7.4)
No recommendations for this finding
F18
The CountyAuditor shall enter the amount stated in the account as a special assessment againstthe parcel describedin the account. The Tax Collector of the County shall includethe amount ofthe assessment the bill fortaxes on levied against the parcel. All laws applicable to the levy, collection and enforcementofcounty taxes applicable to such special assessments, except are that if any real property to which suchlienwould attachhas beentransferred conveyedto bonafide purchaserforvalue, iflien of bonafide or a or a encumbrance forvalue has been created and attaches thereon, priorto the date which the first installment ofsuch taxes wouldbecome delinquent, I on I then the lien whichwould otherwise be imposed by this section shall not attachto suchreal property andthe costs ofabatement, confirmed, related as to such real property shall be transferredto the unsecuredroll for collection. All special assessments collected shall be paid into the county treasuryto be used behalfofthe fire department. (1103.4.7.5). on
No recommendations for this finding
F19
Each duringthe month ofApril, theVentura CountyFire Protection year, DistriGt mails out approximately 15,000 notices ofweed abatement.
No recommendations for this finding
F20
Duringthe 2003-2004 cycle 58 parcels ofthese properties required additional action to have the weed abatement accomplished.
No recommendations for this finding
F21
TheVentura CountyFire Protection District conducts inspections for fire hazard clearance and completes "Notice to Abate Fire Hazard." This form a is I mailed to the property ofrecord and indicates that the deadline to owner the indicatedfire hazard is June 1. remove
No recommendations for this finding
F22
The mailed first notice to the property ofrecord indicates that owner on a given date Maythe Board ofSupervisors ofVentura Countywill meetto in hearthe reportfromthe chiefregardingthe alleged nuisance. Anypersonmay attend this meeting and voice any objection to such report. The notice also indicates that the deadline is June 1 to the remove nuisance.
No recommendations for this finding
F23
The second notice mailedby the fire station responsible for the property. If is the propertyhas dwelling it, attempt is made to talk to the occupant. a on an Ifnot able to, final notice tagis aflxed to the dwelling. Should it be a an emptyparcel, sign is placed stake the propertyindicatingthatthis a on a on is final notice andthe mustbe abated by given date. a nuisance a
No recommendations for this finding
F24
Uponthe next inspection, ifthe workhas notbeen accomplished, contract a betnveen a private firm and the Fire Protection Distnct is initiated. Pnor to commencing the work, photos are taken ofthe property, and additional photos taken afterthe workhas been accomplished. The fire prevention bureau are then maintains the records, includingthe photos.
No recommendations for this finding
F25
Ifthe Ventura County Fire Protection District has to have the weed abatement accomplished, in addition to the cost ofremovingthe nuisance paid to the contractor, there is a $635 administrativefee added to the property owners tax bill. The breakdown ofthe administrativefee follows: is as 4 WeedAbatementWorks' Inspection/Educationcomponents $134.00 Administrationofeducationalcomponent $6.27 EnforGement component $315.00 Administrationofenforcementcomponent $182.90 (Less costs notcovered by administrativefee $$.17) -
No recommendations for this finding
F26
Afire hazard reduction claim resolutionform (vcfpd#ll7) is available at the local fire stationfor the property to file should there be dispute ofthe owner a charge for weed abatement other items involved in the weed abatement or process.
No recommendations for this finding
F27
In reviewingthe original complaint, the Fire Protection District records showed that afterthe original abatement, further problem existed. In no accordancewith the District's computer program that parcel number was shown to longer exist. The parcel number changed in the Tax no was Assessor's ofiice. Review ofthat parcelnumberindicatedthatletters new were sentin the following years. No Fire District action was takento clearthe weeds. The parcel apparentlyhad taken ofit. owner care
No recommendations for this finding
F28
A sample ofthe properties whichthe Fire District abated in nuisanceswas taken. Pictures ofthe propertytaken from the location ofbefore and same after eonditions maintained. are
No recommendations for this finding
F29
A oftheVentura CountyFire ProtectionDistrict records indicated that review the assessment againstthe complainant's property was proper.
No recommendations for this finding
F30
A oftheVentura County Fire Protection District records indicatedthat review the weed abatement actually accomplished. was Conclusions C-01. It foundthattheVentura County Fire Protection District complied with was the requirements oOOrdinance Number 24. (F-01 through F-26) C-02. The complainant's allegations ofnon-notificationand the actual weed abatementnot being accomplished withoutfoundation. (F-19, F-22, F-23, were
No recommendations for this finding

Conclusions 1

Commendations 1

No Responses Found 3

Government entities assigned to respond to this report. No response documents have been linked in our database.

Ventura County Auditor-Controller Elected County Office
Ventura County Board of Supervisors Elected County Office
Ventura County Treasurer-Tax Collector Elected County Office