HomeMy WebLinkAboutStaff Report 3.B 3/17/2014 Flo- xtet a/Itt✓wv #3 .3
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DATE: March 17,"2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. Anderson, Fire Chief '
Cary D. Fergus, Fire Marshal -
SUBJECT: Resolution Declaring Weeds Growing Upon Parcels of Public and Private
Property are a Public.Nuisance and Setting Public-Hearings for Objections
RECOMMENDATION
It is recommended that the City Council adopt the attached,Resolution Declaring That Weeds
Growing upon Parcels of Public and. Private Property, Referred to and Described in this
Resolution, Constitute and are a Public Nuisance Requiring Abatement, and Setting Public
Hearings at Which Objections'May'Be Heard.
BACKGROUND
For over 28 years, the City of has conducted an aggressive weed abatement program.
The clearing of public and private property, depending on weather, must be accomplished by
mid-May or early June of any given year and maintained until the first major rains of the fall.
In order for the Fire Prevention Bureau to conduct weed abatement activities, the Government
Code requires the City Council to pass a resolution declaring weeds/brush a nuisance and to hold
a public hearing for dissension to this action.
In summary, the weed abatementprogram follows this annual timeline:
• City Council declares •weed/brush a nuisance and orders a public hearing to hear
objections.
• City Council holds a public hearing and orders abatement where appropriate.
• Property owners that qualify for grass/brush abatement are sent a notice that requests they
dear their properties of nuisance weeds and overgrowth by May 3151 (or otherwise
imposed deadline), weather permitting.
• Property owners are encouraged to do their own weed abatement.
• Parcels still requiring abatement are identified by an inspector.
Agenda.Review:
City Attorney Finance Director City Manager
• Forced abatement takes place only after non-compliance with the May 3151 (or otherwise
imposed) deadline.
• Forced abatement is done by''a;contractor hired by the City through a bid process and is
under the direction of the abatement inspector. Bids are solicited for these contract
services every two (2) years.
• Cost of the abatement, including the administrative cost of $185 per parcel, is invoiced
directly to the property owner.
• Failure to pay the abatement invoice by the stated deadline authorizes the City to impose
a special assessment on the property for the cost of abatement. The outstanding amount
and parcel ownership information is provided to the County for collection as a special
assessment placed on the owner's yearly property tax statement.
• City Council holds a public hearing on the weed program's cost report and authorizes
special assessments for properties whose owners have not paid their cost of abatement.
• City Council authorizes the release of the final 10% of fees previously withheld by the
City and provides this final..payment to the abatement contractor upon the completion of
work.
DISCUSSION
The purpose of brush and weed abatement is to reduce fuel loads in areas susceptible to grass or
brush fires. The weed abatement program is a proactive fire prevention measure designed to:
1. Prevent ignition by reduction or removal of fuel;
2. Stop, slow, or confine the spread of a fire in areas with excessive grass or brush;
3. Allow time for fire,suppression personnel to respond and extinguish a threatening fire;
4. Reduce the fire threat from properties that adjoin the city limits.
All grass and brush fires cannot be totally eradicated, but this type of weed abatement goes a
long way to accomplish the goal's noted above.
The finished product typically results in grassy areas that are disked under. Disking is the most
effective method for weed abatement throughout the fire season. Areas of expansive acreage are
disked with fire breaks in strategic locations. Where disking is impractical, mowing or weed-
eating is permitted.
Additionally, the contractor awarded the City's two-year weed abatement contract agrees to
honor any designated "Spare-the-Air Days" that occur during the weed abatement season, as
designated by the Bay Area Air Quality Management District ("BAAQMD"). The contractor
fulfills this agreement:by not utilizing any gas or diesel powered equipment on those designated
days. The City of Petaluma requires the contractor to enroll online with BAAQMD to receive
automatic e-mail notifications for designated `Spare-the-Air Days'. All scheduled weed
abatement cutting will take place around those designated days, i f any.
FINANCIAL IMPACTS
The weed abatement program isin theory a 100% cost recovery program but that is dependent
upon thenumber of parcels abated. The Fire Department is required to manage the overall
program, fewer parcels abated reduces'the administrative fee collected..Direct costs of abatement
are charged based on actual costs to clear the parcels. All work performed such as disking,
mowing, blading or hand work will be charged at one hour minimums. Additional work over
one hour will be prorated on quarter-hour 'increments at the same hourly base rate. The
Contractor will be permitted to charge.a pulling (or towing) fee for each parcel where mowing,
blading, disking or a combination thereof is performed. This fee is not applicable where only
hand work was provided.
A per-parcel administrative feeis added to each public and private parcel that is abated. Said fee
is imposed to cover the cost of the weed abatement inspector, program management and clerical
support. The administrative fee for the 2014 weed abatement program is $185 per parcel, and is
based on the City's actual and reasonable costs of administering the program. The fee is
approved by City Council Resolution and is identified in the City's adopted schedule of fees for
services. All direct.and administrative costs are recovered through payment by the individual
property owner(s) and/or collection of special assessments against the specific parcels by the
County Assessor in connection with property tax payments.
ATTACHMENTS
1. Resolution.
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3
RESOLUTION DECLARING THAT WEEDS GROWING UPON PARCELS
OF PUBLIC AND PRIVATE PROPERTY, REFERRED TO AND
DESCRIBED IN THIS RESOLUTION, CONSTITUTE AND ARE
A PUBLIC NUISANCE REQUIRING ABATEMENT, AND SETTING
PUBLIC HEARINGS AT WHICH OBJECTIONS MAY BE HEARD
WHEREAS, brush and weed abatement reduces fuel loads in areas of Petaluma known for
being susceptible to grabs and brush fires and is regarded as a proactive fire prevention
measure designed to (1) prevent ignition by the reduction or removal of fuel; (2) slows, stops,
or confines the spread of a fire in areas with excessive grass/brush; (3) allows time for fire
suppression personnel to respond and extinguish a threatening fire; and (4) reduces the fire
threat from properties that adjoin the city limits; and
WHEREAS, the Petaluma Fire Prevention Bureau has developed an aggressive brush and
weed abatement program which has served to protect the public health, safety and welfare of
the citizenry of the City of Petaluma by reducing fire danger and the effects of excessive
brush and weed fires for the.past twenty-seven years; and
WHEREAS, Government Code sections 39560 et seq. provide a procedure for weed
abatement by municipal entities, pursuant to which the City of Petaluma may adopt a
resolution declaring certain weeds a nuisance and thereby allow the Fire Department to
proceed with abatement.
NOW THEREFORE'BE IT RESOLVED that the City Council of the City of Petaluma
hereby declares that all of the weeds now growing upon public and private parcels within the
City of Petaluma referred to and described in the list prepared by the Fire Marshal, pages on
file in the office of the Fire Marshal, are weeds which bear seeds of winged or downy nature,
or attain such a large growth as to become a fire menace when dry, and/or are otherwise
noxious and dangerous, and all such weeds growing upon such public.and private property
are a public nuisance, pursuant to Government Code Section 395.61, which the City proposes
to abate; and,
BE IT FURTHER RESOLVED that the City Council hereby sets the time for a public
hearing at 7:00.p.m., or as soon thereafter as the matter can be heard, on May 19, 2014 and, if
required, again on July 21, 2014, at which time all objections will be heard and given due
consideration; and,
BE IT FURTHER RESOLVED that pursuant to Government Code Section 39567.1,
the Fire Marshal shall cause written notice of the proposed abatement to be mailed to all
persons owning property described in the list on file in the Fire Marshal's Office. Said notice
shall be substantially in the form provided by Government Code Section 39566.
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