Pursuant to BMCC 25-304, the property owner is notified in writing and given seven (7) days from the date of the notice of noncompliance to exterminate or remove the weeds. Upon failure to comply to the written notification, the city may by its own work forces or by contract cause the weeds to be exterminated, removed or cut.  The cost is assessed against the non complying real property, together with an additional administrative cost equal to 25% of the cost of removal and a $25 penalty. If the charges are not paid within a given time, the costs with penalties constitute a lien on the non-complying real property and become a special assessment against the real property.

The attached list of properties had weed removal in 2010.  These weed assessments were done after the September 2010 cut off date for placing assessments on the first half of 2010 taxes, so the County will send amended second half tax statements to the property owners.  The General Fund bears the initial cost and will be reimbursed as the owners pay the assessments.

The Council must hold a public hearing and then may:

• Approve the resolution; or
• Not approve the resolution, in which case the taxpayers will not be assessed, and the General Fund will be responsible for paying for the weed removal.

The assessments total $8,153.75 and the payments will reimburse the General Fund. 

Staff recommends that a public hearing be held and that Council passes the resolution on February 14, 2011.