HomeMy WebLinkAboutStaff Report 6.A 7/21/2014DATE: July 21, 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 and set the dates of May 19, 2014 and, if necessary, July 21, 2014 as Public Hearing
dates. On May 19, 2014, a Public Hearing was held to hear any objections by owners on the
original 647 parcel weed abatement list (503 private/public parcel owners and 144 City -owned
sites). There were no objections.
The Fire Marshal's office began inspections of properties on the original list on June 2, 2014. A:
the weed season has progressed, additional parcels/owners not listed on the original abatement
notification list have been identified (typically through complaints) as those which may require
abatement. An inspection of the additional sites has taken place and since these parcels have
been deemed to contain a weed -related fire hazard, the property owner(s) must be given the right
to due process and given an opportunity to be heard by Council. These newly -identified
parcels/owners have been made aware by letter that they have a right to a Public Hearing and
will have until July 22, 2014 to clear their properties of nuisance weeds, otherwise abatement by
the City will take place and they will be assessed the direct costs for the abatement, plus an
administrative fee of $185 per parcel.
Please note that none of the parcels noticed for this hearing are within 500' of any Council
Members' property.
Agenda Review:
Citv Attorney Finance Director City Manage
DISCUSSION:
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 which, in this case, is July 22, 2014.
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 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"). 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.
Upon Council confirmation, property owners that fail to pay the abatement fees by mid-August
of each calendar year will have special assessments and liens placed against their property in the
amount of the City's cost of abatement.
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 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
1. Resolution;
2. Resolution 2014-047 N.C.S. ("Declaring Weeds a Public Nuisance Requiring
Abatement');
3. Copy of Notice of Public Hearing Letter and List of Newly Located Property Owners (this serves
as the special notice requirement for this Public Hearing);
j
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 thel7th 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 21" day of July 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, on May 19 2014, a hearing was held for parcels originally identified as requiring
abatement; and,
WHEREAS, written notice of the July 21, 2014 hearing, substantially in the form provided by
Government Code Section 39566, was mailed to owners of potentially impacted property not
included for the May 19, 2014 hearing and identified on Attachment A, attached hereto, and
incorporated herein by reference, as specified in Resolution No.2014-047 N.C.S.; and,
WHEREAS, the City Council has held its bearing 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 Government Code.
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 known
for being susceptible to grass and brush fires and is .regarded as a proactive fire prevention
measure designed to (1) preventignition 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 lire
suppression personnel to respond and extinguish n threatening tire; 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
Pelatuma hereby declares that all of the weeds now growing upon public andprivate parcels
within the City of Petatumn referred to and described in the list prepared by the Fire Marshal:
pages on file in the office of the Fire Nharshal, are weeds which bear seeds of winged or downy
nature, or attain such a large growth as to become a tire 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 la abate:
and.
Resolution No 2014-047 N. C
Page I
L-'
BE IT FURTHER RESOLVED that the City Council hereby sets the time for a public
hearing at 7:00 p.m., or assoon 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. Govemment Code Section 39567.1.
the Fire Marshal shall cause written notice ol'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 Porm provided by Government Code Section 39566.
Under the po verundnmhonty conferred upon this Courted by the Charter ofsuid City
REFERENCE.: I Imreby certify tiro foregoing Resulmion was introduced and adopted by the Approved as to
Council ol'the City of Petaluma nt a Regular meeting an the 17"day of March, 1'.:
2014, by the Jol lon ing cmc
Cly Aaamir
AYES: Albertson, hlavnr Clccs. Harris, Healy. Vice Mmor Keurnea Miller
NOES: Nnne
ABSENT: Barrett
Ails'rAIN: None
ArresT:
City Clerk
Resolution No. 2014-047 N.C.S.
Page 2
CITY OF PETALUMA
POST OFFICE BOX 61
P6TALUMA, CA 94953-0061
GlasoelvaRe: Parcel M(APND
(d4um) rStreeb)
Chris Alherisao NOTICE OF BEARING
Teran aarreit
hM kike e tarris y On die 17" day of March, 2014, the City Council of Petaluma, California passed Resolution
Gnbexaraey #2014-047, declaring weeds that constitute a fire hazard in the City of Petaluma must be abated.
Kathy Miller
Co Kathy Mil ea office Fora copy of the resolution,. contact the ofthe City Clerk at.(707) 778-4360.
• All property owners having. any objection to the proposedremoval of such weeds are hereby
notified to attend a Public Hearing of the Petaluma City Council, to be held on the 21" day of
July, 2014, in the Council Chambers at City Hall, I English Street, Petaluma, California,,
beginning at 7:00 p.m., oras soon thereafter as the matter may be heard, when objections will be
heard and given due consideration. If you plan on removing the weeds yourself or by a
contractor of your choice, you need not attend this hearing. Only attend the meeting if von
object to the Fire Marshal clearing Your property if you fail to do it yourself.
FINAL DATE FOR REMOVAL OF WEEDS
• If the property identified on this notice is not cleared of weeds by July 22; 2014, it will be
cleared by City contractor, and the cost of removal assessed against the property, including a
$185.00 administrative fee. Failure to remit fees due will result in a special assessment placed
ona secured property tax roll.
• Property owners are required to remove all 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 throughout the season — May through
October—or until the first major rains in Fall.
• 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 if your property is abated
early in the season, there is potential forte -growth. If at any time your property is determined to
ben hazard, it may be abated without additional notice. For a copy of the Weed Abatement
Guideline, please visit our website at http'//N"vw.cityorpetalumn net/fuede t/t/pmvention litml or
contact the Fire Prevention Bureau.
• NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at
(707) 7784389 or firemarshal&i.petaluma.ca.us.
Fire Depoolneal
19 94951 4952
Petaluma,, CA in accordance with the Americans with Disabilities Act, if you require special assistance to participate. in this meeting, please
Cd. 9
contact the City Clerk's Office at (707) 7784360 (voice) or (707) 7761480 (TDD). Translators, Nnedcoa Sign Language
Phmx (707)778-4390 interpreters, and/or assistive listening devices for individuals wiat bearing disabilities will be available upon request. A
F.(707)761-4547 migi3 um of 48 hours is needed to ensure the availability of translation srnicm In consideration of those wish multiple
chemical sensitivities or other epvirorenental'illness, it is requested that you m1min from wearing scented products.
Fire Prevention Bureau
11 Englah Streit
Pemlama, Cd 94951
Phone (707) 778-4389 -
1. (707) 776-3647 (iCurrent Owner))
adbam)
sOwncr's Address)) -
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