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HomeMy WebLinkAboutAgenda Bill 4A 05/17/2010~~''nU~ aw '~ Ig5$ DATE: May 17, 2010 ~l ~~,vi,dcv Ite.~w # 4.f1 TO: Honorable: Mayor and Members of the City Council through City Manager FROM: Larry B. Anderson, Fire Chief SUBJECT: Discussion and Possible Action Ordering.. Abatement of Nuisances Consisting of Weeds Growing Upon Public and Private Property in the City of Petaluma and Ordering the Fire Department to Abate Said.. Weeds by Contract if Property Owners Fail To Do So RECOMMENDATION: It is recommended that the City Council adopt the attached,resolution ordering abatement of nuisances consisting of weeds growing upon public and private property in the City of Petaluma and ordering the Fire Department to abate said weeds' by contract if property owners fail to do so. BACKGROUND: On,March 15, 2010, the City Council approved Resolution No. 2010-034 N.C.S. which declared that weeds growing upon parcels of public and private property are a public nuisance requiring abatement: A public hearing was subsequently set for May 17, 2010 to hear any objections to said Declaration. On Apri1.16, 2010,, a letter was sent°to :affected.. property. owners alerting them of their right to attend this public hearing. Historically, few members of the public, if any, object to the weed declaration. DISCUSSION: The Government,Gode requires City Council to provide a venue for property owners.to voice their objections°regarding the City's weed abatement program and the means by which properties are abated. Thus public hearing, and subsequent:resolution, meets the intent of the law which allows the Fire Department and :its<contractor°to enter private property and force abatement of weed-related fire hazards, if property owners fail to abate. Property owners are highly encouraged to handle their own weed abatement and forced abatement. only takes place after non-compliance with the stated abatement deadline of May 31, 20.10. Inspections for forced abatement will begin June 1, 201'0, depending on weather conditions; and will continue throughout the summer until early August. Agenda Review: Dept. Director, City Attorney Finance Director~~!~~(.~lJ City Manage In addtion`to the listed and known sites within the City, the Fire Department is also notified throughout- the weed abatement season (typically through complaints) of additional parcels which may require abatement and which were not listed in advance of the -May public hearing. An inspection takes place and, if the parcel is deemed to contain. aweed-related fire hazard, the property owner(s) must be given the same right to due process and given an opportunity to be heard by.Council. Therefore, a second Public Hearing.date has been set for 7/19/10 to allow any citizen objections to be heard by Council prior to forced abatement. FINANCIAL IMPACTS: B'otal Cost of Proposal. or Project: $18,500.00 Amount Budgeted: $18,500.00 Name of Account: General Fund.Prevention.Professional Services Account Number: 1100.13400.54160 Current Account Balance: $22,323.50 The weed abatement program is a 100% cost recovery program. Direct costs of abatement are charged based on actual costs to clear the parcels. Aper-parcel administrative fee is added to each private and LAD/public parcel to cover the cost of the weed abatement inspector, program management and secretarial support. Resolution No. 200.8-1.52,-adopted August 4, 2008, set the 2010 administrative fee- for weed abatement at $160 per parcel,, based on the City's actual and reasonable costs of administering the program, as part of the City's adopted scheduled of fees. All direct and administrative costs will be recovered by payment of the individual property owner(s) and/or collection of special assessments against the parcels by the County Assessor in connection. with property tax payments. ATTACHMENTS Resolution Ordering Abatement of Nuisances Consisting of Weeds. Growing Upon Public and Private Property in the City of Petaluma and Ordering the Fire Department to .Abate Said Weeds by Contract if Property Owners Fail To Do So; 2. Copy of Resolution 2010-034 N.C.S. ("Declaring Weeds a Public Nuisance Requiring Abatement"); 3. Copy ofLetter Sent to Property Owners w/Proof of Service by.Mail to 474 Parcel Owners Dated: 4/14/10 (this serves as the special notice requirement for Publc Hearing); and 4. Memo to Petaluma City Council dated 4/22/10 Listing Noticed Properties Thaf Are Within 500' of Couneilmem6ers' Personal Properties. RESOLUTION ORDERING ABATEMENT OF NUISANCES CONSISTING OF WEEDS GROWING UPON PUBLIC AND PRIVATE PROPERTY 1N THE CITY OF PETALUMA AND ORDERING THE FIRE DEPARTMENT TO ABATE. SAID WEEDS BY CONTRACT IF PROPERTY OWNERS FAIL TO DO SO WHEREAS, on the 15`f' day of March 2010, the Council of the City of Petaluma adopted Resolution No. 2010-034 N.C.S., declaring weeds growing upon public and private property .referred to and described in said Resolution; constituted and were a public nuisance and fixed the 17~' day of May 2010, at the hour of 7:00 p.m., or as soon thereafter as can beheard, in the Council Chambers of the City Hall, 11 English Street, Petaluma, California, as the time and place of hearing protests and objections to said abatement proceedings;. and, WHEREAS, written notice of the May 17, 201:0 hearing, substantially in the form provided by Government Code Section 39566, was mailed to all owners of potentially- impacted property at least five days prior to said hearing pursuant to Government Code" Section 39567.1, as specified in Resolution No.2010-034 N.C.S.; and, WHEREAS, the City Council has held its hearing and considered all,objections or protests to the proposed abatement of nuisance weeds and has followed or averruled any or all objections, as hereinafter set forth, and the City Council has now acquired jurisdiction to proceed and perform. the work of abatement of said weed nuisances; NOW, THEREFORE, BE IT'RESOLVED that: 1. The City Council does hereby order the Fire: Department of the City, through a contractor employed by this-City, to abate said nuisances by removing said weed nuisances by means of mowing, disking handwork, or'blading using whichever means it deems to be the most appropriate after considering the location and the terrain of said "parcels of public and private property referred to and described in said Resolution No. 2010-034 N.C.S: Said mowing, disking, handwork, and blading shall be accomplished as many times as the Fire Department may deem necessary to provide the best possible: control of weeds; and 2. To recover administrative costs for managing the abatement program, the City Council authorizes the Fire Marshal to assess an administrative fee ($160.00) to every parcel or lot of private or public property that requires abatement by the City; and 3 3. The Fire Department shall keep an account of the cost of this abatement of said nuisances on public and private property where the work is done, and thereafter submit to this Council. for confirmation„arr itemized written report showing such cost as required by Section 39574 ofthe Government Code, and thereafter such proceedings shall be had for special assessments against the respective parcels of land to pay for the cost of.,said work, in the manner provided by Chapter 13, Part 2, Division. 3, of Title 4 of the Government Code. 4 Resolution No. 20.10-034 N.C.S. of the City of Petaluma, California DECLARING THAT VVEEDS;GROWING UPON PARCELS OF PUBLIC AND PRIVATE PROPERTY, REFERRED TO AND DESCRIBED IN THIS RESOLUTION, CONSTITUTE AND ARE A PUBLIC NUISANCE. AND REQUIRE ABATEMENT AND SETTING PUBLIC HEARING FOR'OBJECTIONS WHEREAS; brush and weed abatement reduces fuel loads in. areas of Petaluma known for being stasceptible to grass and. brush fires and is regarded as. a proactive fire prevention measure designed to (1) prevent;i'gnition by the reduction or. removal of fuel; (2) slows, stops, or confines the spread of a fire; in,areas with excessive gi'ass/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 Fire; Department (throughthe•Fire Peveption 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 aril the effects ofexcessivebrush and weedfires for the pas~,twerity-.four years;. arid, WHEREAS; Government Code. sections 39560, et se,q. provide,a procedure for weed abatement by municipal: entities; pursuant to which the City of Petaluma may adopt a resolution declaring certain weeds a;ntaisanee and thereby allow the Eire Departmerit 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 uporipublic arid private parcels within the City of Petaluma'referred'to and described in the list prepared by the Fire Marshal, pages ori;file'in the office' of the Fire Marshal, are weeds which bear seedsof 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; andsalJ such weeds growing upon such public and private property are a public nuisance, pursuant to Government Code Section 3956 P, which'the City proposes to abate. Resolution No. 2010-034 N.C:S. Page I S BE`IT FURTHER RESOLVED ihatthe City Council hereby sets the ime for a public .hearing at 7:00 p.lit:, oras soonthei•eafter as the matter can be heard, on May 1.7, 20,].0 and, if required, again on July'.19, 2010, at which"time all objections will'be heard and given due consideration. BE IT FURTHER.RESOI,UED 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'inthe-lishon file inthe Fire Marshal's Office.. Said notice shall be substantially in theform provided by.Government Code Section 39566. Under"the power and'autbo~ity"coriferted upon this Council 6y thc:Charter of"said'City. REF.ER£NCE: A Y. ES; NOES: A"BSENT: ABSTAIN: ATTEST.: I' hereby certify tFelbregoing Resolution was introduced and adoptediby the, Councifof the Cityof Petaluma at a Rcgularmcating on the IS'" day oFMarch, 2010, by the following ~-ote: Barrett; Vici'.Mayor.Glass: Harris; 1leah~, Rabbitq Renee; Mayur "horliatt Ngne None Noiic J ~ k ~ J City Clerk Resolution No.201D-034 N.C.S. ~./ ,e: ~f Mayor Page 2 6 POST'~OFFICE BOX,61 PETALl11NA~ GA 9953=0061 Pamela"Torliatt .. -dlayor ~.1'cresa'BSrretr Dnvid'Glass Mike }lams ~blike Healy Daviil'iRuhbitl -Tifrany,Rcn~e Carmcrlmem8ers FireDepunmeril 198 ;D' Strget Petaluma, 6AL9a9~3~ Pl~bne (707}`Z73-1390 i Far (707J, 76?--1517 ' Fire PreventlomBurebp^ ll:Englisfr'Street Penal uiua;: Cif , 9a95? Pkone' (7Q7}`778-';1389 Far; (707} 776=361? Re'. Parcel #?s~~XXX9~~ Propt:ity Address NOTICE°".OF HEARING o On the l ~`l' day:of March, 20:1;0, the City Council of Petaluma, California passed Resolution #20T0=0~4; declaiing.weeds`that.constitute'a fre hazard'in th"e City of Petaluma must be abated. Fora.copy of the resolution contact the office of the City Clerk at(70Z) 778-436Q.: • All,propet=ty owners having any objection to~the proposed removal of such weedsare:hereby notified to attend aPublic Hearing of tht'Petalurna City'Council; to be held.on~tlie 17`~'~d'ay of May;'~?010, in;the~Council Chainbers;at Clty Hall.; 1 I English. Stryet, Petaluma; California," beginning at 7:00 p~m.,;oi•" as,soon thereafter as the matter. may be fieard,=when objections-will be heaTd.and;gven:due consideration, If you plan on iemov,ing;the weeds,yourself(or by a c_ontractortif.your choice,;you need not attend•thisahearing. Only~aftend'the_meetine'if you object fo the Fire lVlarshat clearing FINAL' `DATE.FOR REMOVAL OF WEEDS. _. • If the<propertyideiitified. on tills nottce~is.not clearGil of weeds by 1VIav 31, 2010, it will be cleared by a City contractor;°and~the;cost;of removal assessed againstthe property, including a=$I6000:administrative~fee: Failure to remit fees due will result in a special assessment placed on a secured~~property tax rol4. o .ETOperty;:owners are encouraged to"`remove all~~weeds and brush,by themselves or tither persons designaFed by'fhem. fior larger`,parcels; disking<is the "preferred method. A li"sf of private contractors is:available upon request: All parcels:°must be maintained free of e: NOTE: Ifyou no longer ow,nithis'property,; please contact the Fire Prevention.Bureau at (Z07) 7.78=4389.or f``retnarshal(c~ci.~efaluma.ca.us. _. _, In accordance ~uth.[hc Americans with t.)isabilities.Act,,if..you;require:apeaialassistance'to paructpnte~in.'~this meeting, i;p[ease contact the City Clerk!..s 'Office at; 707 778:4360 (voicz) or 707.778,4480 (TDQ) Translator; ,Q,mericanSign: 'Language io[etprefers, and/or;assistive listening'devices3for individuals wiih~ hearingadisatiilities:-will' be"available .upon: uest.. Requests for-aianslators or mterp~eters `shoiildbe made ¢:mmirnum:of two fulfAvorking da} 5 ~ri~~r to a meeting io 9 ensure the availability: oFahese°services:;Please noteabat:City Hull i~ closed bn Fridays.. Imctitistder~tion>'ol those filth „multiple: chemical sensitivities for other; environmenlah illness, ;it is reguesled that ryou refrain: from +vearing_ scented. _ ~. :products:. The City Clerk! hereby: certfies: that this agenda has''been posted,iri .accordancc:witli the .requirernen[s. of the; OWNERS"NAME DBA MAILING ADDRESS GITY. STATE ZIP PROOF OF•SERVICE BY 1VIAIL I am a,citizen of ffie United State's and ~a;resident of the County of. Sonoma, State°of California, 'over theage of eighteen (18) years„and not a.party• to the-within:action: my business,is City Hall, ~P.O. Box`6I;, l I English Sireet;11Petaluma;'Califor1nia 94952. - On the ~ ~a of ~-1 , 20 ~ ;.I served the within: Weed Abatement Erotest`Hearine!>Iletters on the;intereste8 parties;in §aid action-by•plaeing alive bopp`tliereof in an envelope addressed as ~foIlows:,- ~ ~ ' ,(SEE ATTACHED EXhIIBIT OFNAMES,AND-ADDRESSES) . I' declare under penalty'of'perjury thUat he foregoing is Prue andcorrect.: Executed at Petaluma, California, on ~n~ ` l ,; 20. Signed: _ .: Posr,~ ~ ~° '~-®~~ ' ~ ~ v 02 1M ~ ®~:®~~ ~ -000 42 7 9442 APR l4 20'i'0 "IulA1LE0 FROM ZiPCODE 9 J952 j.. I declare under'penalty:of:perjury that.-tile foregoing identified.-envelopes, were sealed and;first- class';postage~fuliy prepaid;placed';thereon, in the/Uziited.Stafes mail 'at'{Pefaluma;:California. Executed at Petaluma, Galifomia; on~;the . ~ ~-t' :day of ~ ~:` ,_20. 1b<. ~: .. Signed: - _ . - ~^ :. Nimber,.of,envelopes._,~~ ~x~ .x- . __ cents:(postage):=$ ~ 7~0-~;'S. Sc~F'ire Prevention~Forms~i'roof Of Service'By:Mail.Doc C'lty o, f 'Petal urnae, Calif®~nia MEMORANDUM Fire Prevention Bureau, 11 English Street, Petaluma, CA 94952 (707) 778-4389, Fax. (707) 776-3642 DATE: April 22, 2010 TO: Petaluma City Council FROM: Cary D. Fergus, Interim Fire Marshal SUBJECT: Weed Abatement Program 2010 Public Hearing, 5/1.7%10, 7:00 p.m. On April 14, 2010, the Fire Prevention Bureau mailed weed abatement notices to 474 parcel owners who own property within. the City .limits. City Departments were also notified of the 130 parcels for which they are responsible.. Listed below, alphabetically by Councilmember, is a listing of these addresses (by parcel number and street address) that have been identified as being within 500' of a City Councilmember's property. TERESA BARRETT None DAVID GLASS Parcel No. Address 008-570-031 109 Windsor Dr. 008-570=038. 13.9 Windsor Dr. Q08 570-0.47 53 Oxford Ct. 008-570-'048' S7 Oxford~Ct. 008-5'70-049 61 Oxford Ct. 008-570-050 65 Oxford Ct. 008-570-072 Windsor Dr. (across from Windsor Ln.) 008-60.0=031 127 Dublin Ct. 008-600-032 127 Dublin Ct. 008-600-052 13'3 Dublin Ct. 019-120-039 Oxford Ct. (Putnam Park access from Oxford Ct.) 019-120-041 1860 D Street Ext. q MIKE HARRIS Parcel No. Address 008-580-053 2S9 Cambridge Ln. 008=580-052 263 Cambridge Ln. 008-580-051 267 Cambridge Ln. q08-580-050 273 Cambridge Ln. 008-580-049 ~ 279 Cambridge Ln. 008-580-048 285 Cambridge Ln. 019-120-039 Oxford Ct~(Putnam Park access) 020-030-042 Cambridge (Putnam Park.access) 020-140-063 Windsor Dr (near Western, from. fence to West Haven- homes). 020-140-066 West Haven Ln (between West Haven & Edinburgh) MIKE HEALY Parcel No. Address 006-163-006 348 Petaluma Blvd N 006-2$4-036 256 Petaluma Blvd N DAVID BABBITT Parcel. No. Address 019-140-053 l0 Morning Sun Dr. 019-140-055 4 T 0 Sunriyslope Ave. 019-130-001 31.6 Twelfth St. TIFFANY RENEE Parcel No: Address 008-125"-005 307 Petaluma Blvd South O PAMELA.. TORLIATT Parcel No: Address 006-441=Q1.6 735 N Webster St. 006-441-020 735 N Webster St. 006-441-038 739 N Webster St. 006-441-013 745 N Webster St. 006-441-066 972 Western Ave.