HomeMy WebLinkAboutStaff Report 6.B 5/19/2014DATE: May 19, 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 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 17, 2014, the City Council approved Resolution No. 2014-047 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 19, 2014 to hear any objections to
said Declaration. On April 15, 2014, 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.
The Government Code 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. This 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 abatement by the City only takes place after
non-compliance with the stated abatement deadline of May 31, 2014. Inspections for abatement
by the City will begin June 2, 2014, depending on weather conditions, and will continue
throughout the summer until early August.
Agenda Review:
City Attorney finance Director
City Manage
In addition 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 a weed -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 July 21, 2014 to
allow any citizen objections to be heard by Council prior to abatement by the City.
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. Differences in size and type of terrain and
method of abatement used are all variables for costs incurred. The hourly costs for work
performed are as follows:
Disking:
$45.00/hour
Blade Work:
$60.00/hour
Tractor Mowing:
$45.00/hour
Hand Work:
$20.00/hour
Travel Time/Pulling Fee:
$50.00/hour
In addition, the Contractor agrees to lionor any designated "Spare -the -Air Days" that occur
during the weed abatement season, as designated by the Bay Area Air Quality Management
District (`BAAQMD"). They agree not to utilize any gas or diesel powered equipment on those
designated days and all scheduled weed abatement cutting will take place around those
designated days, if any.
FINANCIAL IMPACTS
The weed abatement program is a 100% cost recovery program. Direct costs of abatement are
charged based on actual costs to clear the parcels. A per -parcel administrative fee is added to
each public and private parcel that is abated, to cover the cost of the weed abatement inspector,
program management and secretarial support. The administrative fee for the 2014 weed
abatement season 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
Resolution;
2. Resolution 2014-047 N.C.S. ("Declaring Weeds a Public Nuisance Requiring Abatement");
Letter Mailed to Property Owners w/Proof of Service by Mail to 503 Parcel Owners Dated
04/15/14 (this serves as the special notice requirement for a Public Hearing); and
4. Memo to Petaluma City Council dated 04/24/14 Listing Noticed Properties That Are Within
500' of Councilmembers' Personal Properties.
ATTACHMENT
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
WHEREAS, on the 17th day of March 2014, the Council of the City of Petaluma
adopted Resolution No. 2014-047 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 19°i day of May 2014, at the hour of 7:00 p.m., or as soon thereafter as can be
heard, 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 19, 2014 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.2014-047 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 considered, followed or
overruled 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. 2014-047 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
4
2. To recover administrative costs for managing the abatement program, the City
Council authorizes the Fire Marshal to assess an administrative fee ($185.00) to every parcel
or lot of private or public property that requires abatement by the City; and
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, an itemized written report showing such cost as required by
Section 39574 of the 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 Govenmment Code.
5
Resolution No. 2014-047 N.C.S.
of the City of Petaluma, California
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 (mown
for being susceptible to grass and brush Fires and is .regarded as a pronciive 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 lime for fire
suppression personnel to respond and extinguish a threatening tire; and (4) reduces the tire 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 tires for the past twenty-seven years; and,
WHEREAS, Government Code sections 39560 or seg. 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. areweeds which bear seeds of winged or downy
nature, or attain such a large growth as to become afire 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 39561, which the City proposes to abate:
and.
Resolmion No 2014-047 N C S
ATTACHMENT
Page I
G
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.
Under the puwer end aulhuntr con] "erred upon this Council by the Charter of said Cih
REFERENCE: I hereby ecdi]y the I'nregoing Resohoion n;v tan dueed and adopted by the Approem as In
Council orate City or Pelulamnala Regular meelmg on the l7"day of March,
20 W. by the rolimving Vote: tt
Cny Allo4y
.11'E5: Albertson. hWvnr Glass. Harris.I Icnly. Vice klmur Keenan . Miller
NOES:
None
ARSENT:
Barren
AIISI-A IN:
None)J
ATTEST:
��,,
�(_.C.C�u—b VU CJ'tIJCJ�
Cin Clerk
Resolution No. 2014-047 MC.S.
'"Flvvor
Page 2
N
LITS' OF PETAI4UMA
PosT OrncE Box 61.
Ptz'rALUMA, CA 94953-0061
ATTACHMENT
cm" Re: Parcel#aAPN°
laynr
lNum° oStreeta
Unie Albrrbon
rnuh11.1111
fi rb
ellNOTICE OF HEARING
\like llenly
Gabe i(ea,ney a On the 17th' day of March, 2014, the City Council of Petaluma, California passed Resolution
Knihy hl IIIc,
Cauncilmnnhers 42014-047, declaring weeds that Constitute a fire hazard in the City of Petaluma In ust be abated.
For a copy of the resolution, contact the office of the City Clerk at (707) 778-4360.
All property owners having any objection to the proposed removal of such weeds are hereby
notified to attend a Public ]-fearing of the Petaluma City Council, to be held on the 19"' day of
May. 2014, in the Council Chambers at City Hall, I English Street, Petaluma, California,
beginning at 7:00 p.m, or as soon thereafter as the matter may be heard, when objections will be
heard and given due consideration. If plan on removing the weeds yourself or by a
contractor of your choice, you need not attend this hearing. Only attend the meetiae if you
ub'ect to the Fire Marshal clearin our property if you fail to do it Vourself.
FINAL DATE FOR REMOVAL OF WEEDS
e Ifthe property identified on this notice is not cleared of weeds by May 31, 2014, it will be
cleared by a City contractor, and the cost of removal assessed against the property, including n.
$185.00 administrative fee, Failure to remit fees due will result in a special assessment placed
on a secured property lax roll
Property owners are required to remove nli weeds and brush. For larger parcels, disking is
the preferred method. A list of private contractors is available upon request. All parcels must be
maintained free of brush/weeds that pose a fire hazard throuehout the season —May throueh
October— or until the first major rains in rail.
It is important to know that inspections are conducted throughout the dry season and your
property must be maintained in order to remain in compliance. Even ifyour property is abated
early in the season, there is potential for re -growth. 1f at any time your property is determined to
be a hazard, it may be abated without additional notice. For a copy of the Weed Abatement
Guideline, please visit our website at httnJ/www.citvo£oetaltima.neVfiredeut/orevention.html or
contact the Fire Prevention Bureau.
a NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at
Fire D,P aura (707) 778-4389 or firemarshal n.ci.petaluma.ca.us.
198 -O"Srecr
Puolunai. Cd 94952
In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this mceling, please
Phone (7oi) 778-1390 contact the City Clerk's Office at (707) 778-4360 (voice) or (707) 7784,180 (Too). Translators, American Sign Language.
Far(707)763-4547 interpreters, mullor assistive listening devices for individuals with, hearing disabilities will be available upon request. A
minimum of 48 hours Is needed to easure the availability of translation services. In consideration of those with multiple
chemical sensitiv itics or other environmental illness, it is requwal that you refrain from wearing scented prudnets.
Fire Prcvendan IJnrma
i FStrep
Pemhnnc. n. CA Cd 94953
Phone (707) 774.4389 QCllrrent Owner))
Fax (7071716361: odban
nOwner's Address»
uCilynoZip)) nZip 4»
F zU CITY OF PETALUMA
4`Oq 11 English Street
Petaluma, CA 94952
as9 Phone: 707-778-4301
Proof of Service by Mail
I am a citizen of the United States and a resident of the County of Sonoma, State of
California, over the age of eighteen (18) years, and not a party to the within action: my
business is City Hall, / P.O. Box 61, e- 11 English Street, Petaluma, California 94952.
On the 15th of April 2014 , I served the within:
Weed Abatement Protest Hearing Letters
on the interested parties in said action by placing a true copy thereof in an envelope
addressed as follows:
(SEE ATTACHED EXHIBIT OF NAMES AND ADDRESSES)
I declare under penalty of perjury that the foregoing is true and correct. Executed at
Petaluma, Calif 'a, on A rib15th '2014
Signed: X
02 ,,,, $ 00.000
`. 0004279492 hPR15 201-
NIA.ILED FROM ZIP CODE 94952
I declare under penalty of perjury that the foregoing identified envelopes
were sealed and first-class postage fully prepaid placed thereon, in the
United States mail at Petaluma, California.
Executed at Petaluma, California, an the _ day of X�v'- 20 .
Signed: X�L-
Number of envelopes t �J z x .49 9 cents (postage) = $ 2 �-7 -3
Account number charged: 1100.13400.54360
S/GS/RISOIMAILING PROOF
9
ATTACHMENT4
City of Petaluma, California
Fire Prevention Bureau, 11 English Street, Petaluma, CA 94952
(707) 778-4389, Fax (707) 776-3642
DATE:
April 24, 2014
TO:
Petaluma City Council
FROM:
Cary D. Fergus, Fire Marshal
SUBJECT:
Weed Abatement Program 2014
Public Hearing, 5/19/14, 7:00 p.m.
On April 15, 2014, the Fire Prevention Bureau mailed weed abatement notices to 503 parcel
owners who own property within the City limits. City Departments were also notified of the 144
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.
CHRIS ALBERTSON
Parcel No.
Address
008-471-007
825 Middlefield Drive
008-542-018
1060 McNear Avenue
019-210-041
455 McNear Avenue
TERESA BARRETT
Parcel No.
Address
006-163-006
348 Petaluma Blvd North
006-163-040
368 Petaluma Blvd North
10
Memo to Council
April 24, 2014
Page 2
DAVID GLASS
Parcel No.
Address
008-490-025
Windsor Ln (Hayes Ln/Water Tanks)
008-570-031
109 Windsor Dr.
008-570-038
139 Windsor Dr.
008-570-047
53 Oxford Ct.
008-570-048
57 Oxford Ct.
008-570-049
61 Oxford Ct.
008-570-050
65 Oxford Ct.
008-570-072
Windsor Dr. (across from Windsor Ln.)
008-600-028
139 Dublin Ct.
008-600-031
127 Dublin Ct.
008-600-052
133 Dublin Ct.
019-120-039
Oxford Ct. (Putnam Park access from Oxford Ct.)
019-120-041
1860 D Street Ext.
MIKE HARRIS
Parcel No.
Address
008-580-048
285 Cambridge Ln.
008-580-049
279 Cambridge Ln.
008-580-050
273 Cambridge Ln.
008-580-051
267 Cambridge Ln.
008-580-052
263 Cambridge Ln.
008-580-053
259 Cambridge Ln.
019-120-039
Oxford Ct (Putnam Park across From Oxford)
020-030-042
Windsor Dr (SW Side Closest to Roundabout)
020-140-063
Windsor Dr (Street to fence only)
020-140-066
West Haven Ln (btwn West Haven & Edinburgh)
MIKE HEALY (Primary & Secondary Addresses)
Parcel No.
Address
006-163-006
348 Petaluma Blvd N
006-163-040
368 Petaluma Blvd N
006-163-053
Water St (aka Poultry Ln)
006-284-036
256 Petaluma Blvd N
11
GABE KEARNEY
None
KATHY MILLER
Parcel No.--TAddress
017-230-037 1 Garfield Drive (next to Arroyo Park)
Memo to Council
April 24, 2014
Page 3
12