HomeMy WebLinkAboutAgenda Bill 5.A 07/19/2010~~L"U
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DA~TE`
TO: '
FR~~M:
July 19, 2010
~ ~ ~ ~~ ~ ~ ~ ~~~/ Y I Y/ ~ ~ o ! Y
Honorable Mayor and Members of the City Council through City Manager
Larry B. Anderson, Fire Chief
SU9BJECT: Discussion and Possible Action Drderirig Abatement of Nuisances Consisting of
; Weeds Growing Upon Public and Private Property in the Citv of Petaluma and
~ Ordering tfie Fire Department to Abate Said Weeds by Confract if Property
' Owners Fail To Do So
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RECOIVIMENDATION:
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It is recommended that the City Gouncil conduct a Public Hearing, consider any public
testimony, and adopt the attaehed resolution ordering abatement of nuisances consisting of
wee'ds 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 fo 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
abafiement and set the dates of May 17, 2010 and, if necessary, July 19, 2010 as Public Hearing
dates. On May 17, 2010, aPublic Hearing was held to hear any objections by owners on the
original 604 parcel weed abatement list. There were no objections.
The Fire Marshal's office began inspections on the original list on June 14, 2010. As the weed
season has progressed, additional parcels/owners not listed on the original abatement notification
list have been identified (typically through complaints) as tho,se which may require abatement.
An 'inspection has taken place and since these parcels have: been deemed to contain a weed=
related f re hazard, the property owner(s) must be given the right to due, proeess and given an
opportunity to, be heard b.y C'ouncil. These newly-identified pareels/owners have been made
aware by letter that they have a. right to a Public Hearing and w.ill have until July 20, 2010, to
elear their properties of nuisance weeds, otherwise forced abatement will take place and they will
be assessed the direct costs for the abatement, plus an administrative fee of $160.
Please nofe that none of°the parcels:noticed for this hearing are within 500' of any Council Members'
pro~~erty.
Agenda Review:
Dept. Director City Attorney Finance Director~ City Manager (=~~~
DISCUSSION:
The Government Code xequires City Council to provide a venue for property owners to voice
their objections regarding the City's weed abatement program and the means by whieh 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 pro,perty and force abatement of
we~d-related fi're hazards, if property owners fail to abate. Property owners are highly
ene~uraged to handle their own weed' abatement and forced abatement only takes place after
non-compliance with the stated abatement dead'line which, in this case, is July 20, 2010.
Up~n Council confirmation, property owners that fail to pay the.abatement fees by mid-August
of each calendar year will have special assessments andliens placed against their property in the
amount of the City's cost of abatement.
FI1~IANCIA~. IMPACI'S:
Total Cost of Proposal or.Project: $1_8,500.00
Amount ~udgeted: $18,500.00
Naine of Account: General Fund.Prevenfion.Professional Services
Account Number: 1100.]3400.54160
Cuirrent Account Balance: $22,323.50
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The weed abatement program is, a 1';00% cost recover.y~ program. Direct costs of abatement are
charged based on actual costs to cleax~the parcels. A per-parcel admiriistrative fee is added to
each parcel to co~er the cost of ;the weed abatement inspector, program management and
secretarial support. Resolution No. 20Q8-152, adopted August 4, 2Q08, set the 2010
adrninistrative fee for weed abatement at $160 per pareel, based on the City's actual and
reasonable costs of administering the program,,as part.of tlie City's adopted scheduled of fees.
All;direcf and administrative costs will be reco~ered by payment of the individual property
owrier(s) and/or collecti'on of special assessments against the parcels by the County Assessor in
connection with properfy tax payments.
ATTACI~M~NTS -
1; Resolution Ordering Abatement ofNuisances Consisting of Weeds_Growing Upon Public
and Private Properfy in the City of Petalurna 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. ("Deelaring Weeds a Public Nuisance Requiring
Abafement"); and
3. Gopy of.Notice'of Public Hearing Letter and List of N_ewly Located Property Owners (this serves
as the special.notice requirement for this Public Hearing).
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RES'OLUTION ORDERING ABATEMENT OF NUIS'ANCES
CONSISTING OF WEEDS GROWING UPON PUBLIC AND PRIVATE
PROPERTY 1N THE CITY OF PETALUlN1A AND ORDERING
THE FIRE DEPARTMENT TO ABATE SA~ID WEEDS BY CONTRACT
IF RROPERTY OWNERS FAIL TO DO SO
WHEREAS, on the 15`~' day of Marcli 2010; the Council of the Gity of Petaluma adopted
Resolufion No: 2010-034 N:G.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 l9`j' day of
July 2010, at the hour of 7:-00 p.m., ar as soon thereafter as can be 15eard, in the Council Chambers of
the City Hal'1, l 1 English S.treet; Petaluma, California, as the time and`place ofhearing protests and
r~bjections to said abatement proceedings; and,
WHEREAS, on May 17, 2010, a hearing was held for parcels originally identified as requiring
abatement; and,
WHEREAS, written notice of the July I 9, 2010 hearing, substantially in the form provided by
~:iovernment Code Section 39566, was mailed to owners of potentially impacted property not
included for the May 17, 20l 0 hearing and identified' on Attachment' A, attached hereto, and
incorporated herein by reference, as specified in Resolution No.201_0-034 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 overruled any or all objections, as
hereiriafter 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 RE50LVED that:
1. The City Counci'1 does hereby order the Fire Department of the City, through a contractbr
~mployed by thi"s Council, 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 publie and private property referred to
and:described,in said Resolution No. 2010-034 N.GS. Said mowing, disking, handwork, and blading
shall. be accomplished as many times as the Fire Department may deem necessary to provide the 6est
~~ossibl"e control of weeds; and
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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. 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
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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.
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Resolution No. 2010-034 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 TH1S RESOtiUTION, CONSTITUTE ANDARE
A PUBLIC NUISANCE AND REQUIRE ABA~'EMENT AND SETTING
PUBLIC HEARING FOR (OBJECTIONS
WHEREAS, brush.and weed abatement reduces fuel loads in areas of Retaluma known
for 6eing susccptible to grass and brush fires and is regarded as a ptoactive fire prevention
measure designed'ta(1) prevent ignition by the teduction or removal of.fuel; (2) slows, stops, or
confines the spread of a f re in areas with excessive grass/brush; (3) allows time for Fire
suppression personnel to respond and extinguish a threatening fice; and (4) reduces the fire threat
from properties that adjoin the city limits; and,
WHEREAS, the Fire Department (through the 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-four years; and,
WHEFiEAS, Goveinment Code sections 39560 et 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 nuisanee and thereby allow the Fire Uepactment to proceed with
1 abatement.
NOW, THEREFORE, BE 1T RCSOLVED that the City Council of the City of
Petaluma hereby deelares thai all of the wecds now growing upon public and private parcets
within the City of Petaluma referred to and described in the list prepared .by the Fire Marshal,
pages on.file in the offiee of the Fire Marshal. 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 siich weeds growine upon such public and private proper[y are a
public nuisance, pursuant to Government Code Section 39561, which the City proposes to abate.
Resofution No. Z010-034 N_C.S. Page I
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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 17, 201.0 and, ir
required, again on July 19, 2010, at which time all objections will be heard and given due
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consideration.
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BE IT FUKTHER 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 propeny described in the list on tile in the Fire Marshal's Office. Said notice shall be
substantially in the form provided by Government Code Section 39566.
Under the,puwer,and au~horiry conferred upon this Council 6y thc Charter of said Citv
REFERENCE: i. hereby ccrlify the loregoing RtSOluiion w~s introduced and adoPted by the A ro e~l a io
Guuncil of~the Giiy of Ne~aluma ~it a Rcgular meeting on lhe ~IS`h d'a~~ of Mareh, f r
2010, by ~hc lollowing vote: '
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. City orney
AYES: E3arre[l. Uice Muyor-Glass, Harris, I-lealy, Rabbitt. Renee, Mayor'i'orliatt
NOES: None
ABSENI': None
ABSTAI\: Nonc ~"~ '~ A
~/~~/ ,~~ /I ,lL'~~,
ATTF,ST: --\`~L~
Cily Clerk~ Mayor
Resolution No. 2010-034 N.C.S.
Page 2
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CIT~' OF PE'I'ALiJMA
POST OFFICE BOX GI
PETALUMA, CA 94953-0061
Pamela Torliat~
n-r~~o~
Teresn Barreu
David Gless
~iike Harris
D7iAe Healy
Devid Rabbitt
"1'iffany RenFe
Councilmembers
Re: Parcel #XXXXXXXX
Property Address
NOTICE OF HEARING
• On3he 15`h day of March, 201 O, the City Council ofPetaluma, California passed Resolution
#2010-034, declaring weeds that constitute a tire hazard in the City of Petaluma must 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•Nearing of the Petaluma Ciry Council, to be held on the 19`h day of
July, 2010, in the Council Chambers at City Hall, 1 1 English Street, Petaluma, Califomia,
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.
• lf you plan on reinoving the weeds yourself or by a contractor of your choice, you need not
attend this hearing. Onlv attend the meetinQ if vou obiect to the Fire Marshal clearinQ
vour nropertv if vou fail to do it vourself.
FINAL DATE FOR REMOVAL OF WEEllS
Frre. Depamnent
19S "D"Sneer
Pemluma, CA 94952
Phone (707)978-~5390
Fnx (707) 762-4547
Fire Pre~•rnlion Bureau
! l English S7reer
Reralurna, CA~94951
Phone (707J 778-4389
Foz (707) 776-364?
• lf the property identified on this notice is not deared of weeds by Julv 20, 2010, it will be
cleared by.a City contractor, and the cost of removal assessed against the property, including
a$160.00 administrative fee. Failure to remit fees due will result in a special assessment
placed on a secured property tax roll.
• Property owners are encouraged to remove all weeds and brush by themselves or
other persons designated by them. Fo"r larger parcels, disking is the preferred method.
A list of private contraciors is available upon request. All parcels must be maintained free of
brush/weeds that pose a fire hazard throu~hout the season - Mav throueh October - or until
the first major rains in Pall.
e NO.T~: If you no longer own this property, please contactthe Eire Prevention Bureau at
(707) 778-4389 or firemarshal(c~ci.petaluma.ca.us as soon as possible.
In accordance «•ith the Americans with Disabililies Acl, if you require special assistance to participate in this meeting,
please contact the City Clerk's OfEice at 707.778.4360 (vqice) or 707:778.4480 (TDD). Translators, American Sign.
Language interpreters, and/or assistive Iistening.deJices f'or individnals with' hearing disa6ilities will be available upon
rcquest. Requests for translators or interpreters should be made a minimum of two full working days prior to a meeting to
ensure the availability of these services. Please note that City llall is closed on Fridays. In consideration of those with
multiple chemical sensi[ivities or other environmental illness; it is reyuested thal you refrain hom wearing scemed
products. The City Clerk hereby certifies that this agenda has been ,posted in accordance with the requirements of the
Govemment Code.
OWNERS NAME
DBA
MAILING ADDRESS
CITY, STATE ZIP
7
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TTACHMENT A
2010 WEED ABATEMENT SEASON
2ND PUBLIC HEARING'MAILING LIST
APN ~NUN~ ~ADURESS ~ CURREIVTO~VNER (18A OWNER'SADDRE55~ CPCY .. _ ZIP 'LP4
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ADD'L PARCELS POSSIBLY
REQUIRING ABATEMENT Page 1 71.1Z2010