HomeMy WebLinkAboutStaff Report 5.B 07/18/2016DATE: July 18, 2016
Agenda Item #5.B
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Leonard Thompson, 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 21, 2016, the City Council approved Resolution No. 2016 -037 N.C.S. which declared
that weeds growing upon parcels of public and private property are a public nuisance requiring
abatement and set May 16, 2016 and, if necessary, July 18, 2016 as Public Hearing dates. On
May 16, 2016, a Public Hearing was held to hear any objections by owners on the original 653
parcel weed abatement list (508 private /public parcel owners and 145 City -owned sites). There
were no objections.
The Fire Marshal's office began inspections of properties on the original list on June 1, 2016. As
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 19, 2016 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 $190 per parcel.
Please note that none of the parcels noticed for this hearing are within 500' of any Council
Members' property.
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 19, 2016.
All work performed (such as disking, mowing, blading, or hand work) is charged at one hour
minimums. Additional work over one hour is prorated on quarter -hour increments at the same
hourly base rate. The Contractor is 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 is 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:
$50.00 /hour
Tractor Mowing:
$45.00/hour
Hand Work:
$15.00/hour
Travel Time /Pulling Fee:
$20.00 /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 structured to be 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 administrative support. The administrative fee for the 2016 weed
abatement season is $190 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 Ordering Abatement
2. Resolution 2016 -037 N.C.S. Declaring Weeds a Public Nuisance Requiring Abatement
3. Letter Mailed to Property Owners and List of Newly Located Properties
Attachment 1
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 21St day of March 2016, the City Council of the City of Petaluma
adopted Resolution No. 2016 -037 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 18th day of July 2016, at the hour of 7:00 p.m., or as soon thereafter as can be
heard, in the Council Chambers of 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 16, 2016, a hearing was held for parcels originally identified as
requiring abatement; and,
WHEREAS, written notice of the July 18, 2016 hearing, substantially in the form
provided by Government Code Section 39566, was mailed to owners of potentially impacted
property not included for the May 16, 2016 hearing and identified on Attachment 3, attached
hereto, and incorporated herein by reference, as specified in Resolution No.2016 -037 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, 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. 2016 -037 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 ($190.00) 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.
Attachment 2
Resolution No. 2016 -037 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) 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 thirty 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 by the City Council of the City of Petaluma
as follows;
1. 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 39561, which the City proposes to abate;
and,
Resolution No. 2016 -037 N.C.S. Page I
2. 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, in the Council Chambers of the City Hall, 11 English
Street, Petaluma, California, on May 16, 2016 and, if required, again on July 18, 2016, at
which time the City Council will hear and consider all objections to the proposed removal of
weeds, rubbish, refuse and dirt; and,
3. That pursuant to Government Code Section 39567, 1, the City Clerk shall cause written notice
of the proposed abatement to be mailed to each person to whom such described property is
assessed in the last equalized assessment roll available on the date this resolution is adopted.
The City Clerk may delegate this duty to the Fire Marshal. Said notice shall be substantially
in the form provided by Government Code Section 39566.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City,
1 hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 21" day of March,
2016, by the following vote:
Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
None
Albertson
None
City Clerk
Resolution No. 2016 -037 N.C.S.
as to
P'�i'�Cxw
ayor
Page 2
p, Ltr
aw
rasa
CITY OF PETALUMA
POST OFFICE BOX 61
PETALumA, CA 94953 -0061
Attachment 3
David Glass
A]ayar Re: Parcel #«APN»
(<Num)> <<Street»
Chris Albertson NOTICE OF HEARING
Teresa Barrett
Gabe Mike • On the 21St day of March, 2016, the City Council of Petaluma, California passed Resolution
Dave King #2016 -037, declaring weeds that constitute a fire hazard in the City of Petaluma must be abated.
Kathy huller For a copy of the resolution, contact the office of the City Clerk at (707) 778 -4360.
CoUncilmelnbers
• All property owners having any objection to the proposed removal of such weeds are hereby
notified to attend a Public Hearing of the Petaluma City Council, to be held on the 181h day of
July, 2016, in the Council Chambers at City Hall, 11 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 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 you
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 19, 2016, it will be
cleared by a City contractor, and the cost of removal assessed against the property, including a
$190.00 administrative fee. Failure to remit fees due will result in a special assessment placed
on a 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 for re- growth. If 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 http:// www. cityofpetaluma .net/firedept/prevention.html or
contact the Fire Prevention Bureau.
• NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at
(707) 778 -4389 or firemarshal@ci.petaluma.ca.us.
Fire Department
198 "D "Street
Pelahnna, CA 94952 In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please
contact the City Clerk's Office at (707) 778 -4360 (voice) or (707) 778 -4480 (TDD). Translators, American Sign Language
Phone (707) 778 -4390 interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A
Fax (707) 931 -0668 minimum of 48 hours is needed to ensure the availability of translation services. In consideration of those with multiple
chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products.
Fire Prevention Bureau
11 English Street
Petaluma, CA 94952
Phone (707) 778 -4389
Fq-r (707) 206 -6036 «Current Owner»
dba»
Owner's Address»
«City» «Zip» <<Zip 4»
\�
2\
\/
)k
32
§®
</
Sk
of
$]
m/
§
-
\
_»
@
\
ƒ
\..
/.
\..m
k
«
%
/0)
§
\\
§
cn
\
k
]
k
/
q
/
\�
/\
�
\
§
ƒ
2
/
g
\
o
{
oz
3p
z
®/
«E)§
0
§
\)
)\o§
§/)
/
§
k
«
§
\$/
B
c
/
\m
00
E
w
§
N
@
\
7
-
�
-
\
\
«
)
E
§
}
m
§
3
E
/
ON
/