Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Brian Jimenez, Code Enforcement Manager

 

CC:

Scott McCullough, Director Planning & Development Services

Kurt Schroeder, Assistant Director Development Services

 

Date:

March 3, 2014

 

RE:

Weed Code - Administrative Fee Rate – Request to Increase from $25.00 to $75.00

 

 

Background

The City Code allows for a reasonable administrative fee to be assessed against a property owner when a weed violation occurs.  The fee language is set forth in Section 18-305 (C)(4) and states the following:

 

“…the City or its authorized agent will remove the excessive growth of vegetation by reasonable means and assess the costs of removal, including reasonable administrative costs, against such person.”

 

The present $25.00 administrative fee has not been increased in over twenty years.

 

In 2009, staff prepared a memo that summarized procedures for inspecting and billing of weed violation cases.  A review of the nearby municipalities of Olathe, Topeka, Manhattan and Mission showed that Lawrence  charged the lowest administrative fee (with the exception of Olathe; the City of Olathe does not charge an administrative fee but has a much higher hourly mowing rate of $125.00.

 

Staff identified the $25.00 administrative fee as a concern again during the City review of all department fees conducted in 2011. 

 

Recently staff was asked to revisit the actual administrative costs associated with processing a weed violation case from start to finish when the violation is abated by our mowing contractor.

 

An abatement of a weed violation consists of the following enforcement actions and related estimated administrative costs (including staff wages and benefits, overhead costs and mailing costs).

 

As shown on the table below, these costs currently exceed the $25.00 administrative fee.  

 

Administrative Cost Estimate Table for an Abatement of a Weed Violation

 

Enforcement Action Sequence

Estimated Time  per Inspector

Associated Costs

Receive complaint and initiate case -data entry

15 minutes

 $8.25

Initial inspection to confirm violation (drive time & take pictures)

20 minutes

$11.00

Data entry (update case, prepare notice, attach pictures)

Mail violation notice to owner (certified)

15 minutes

 $8.25

 

$6.00

Re-inspection to confirm status of violation

20 minutes

$11.00

Data entry (update case, attach pictures, assign to be mowed)

15 minutes

$8.25

Re-inspection to confirm mowing has been completed

20 minutes

$11.00

Data entry (update case, prepare invoice for contractor)

Mail bill to owner (certified)

15 minutes

$8.25

 

$6.00

 Total

2 hr.

  $78.00

 

Staff believes a $75.00 administrative fee is not only reasonable but also long overdue. The recommended fee amount is also comparable to the administrative fees assessed by  surrounding municipalities. 

 

In 2011, the City initiated a closed bid process for our mowing contractors.  The result was a significant reduction in the long standing hourly rate of $50.00 to the current hourly rate of $35.00.  This 30% reduction to contract mowing charges, combined with the low $25.00 administrative fee, has created a scenario where the City may mow a property for a lower amount than what a property owner may be charged by their own private contractor.

 

Action Requested

Staff recommends that the City increase the weed abatement administrative fee from $25.00 to $75.00 for implementation during the 2014 weed season.