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HomeMy WebLinkAboutStaff Report 6.B 07/17/2017Agenda Item #6.B DATE: July 17, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Leonard Thompson, Fire Chief t Jessica Power, 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 20, 2017, the City Council approved Resolution No. 2017-040 N.C.S. which declared that weeds growing upon parcels of public and private property are a public nuisance requiring abatement and set May 15, 2017 and, if necessary, July 17, 2017 as Public Hearing dates. On May 15, 2017, a Public Hearing was held to hear any objections by owners on the original 632 parcel weed abatement list (490 private/public parcel owners and 142 City -owned sites). There were no objections. The Fire Marshal's office began inspections of properties on the original list on June 1, 2017. 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 18, 2017 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 $195 per parcel. DISCUSSION The Goverment 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 18, 2017. 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 2017 weed abatement season is $195 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 2017-040 N.C.S. Declaring Weeds a Public Nuisance Requiring Abatement 3. Letter Mailed to Property Owners and List of Newly Located Properties 4. Memo to Petaluma City Council Listing Properties That Are Within 500' of Councilmembers' 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 20th day of March 2017, the City Council of the City of Petaluma adopted Resolution No. 2017-040 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 17th day of July 2017, 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 15, 2017, a hearing was held for parcels originally identified as requiring abatement; and, WHEREAS, written notice of the July 17, 2017 hearing, substantially in the form provided by Government Code Section 39566, was mailed to owners of potentially impacted property not included for the May 15, 2017 hearing and identified on Attachment 3, attached hereto, and incorporated herein by reference, as specified in ResolutionNo.2017-040 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. 2017-040 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 ($195.00) to every parcel or lot of private or public property that requires abatement by the City; and 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. 2017-040 N.C,S. of the City Of Petaluma, California DECLARING THAT WEEDS GROWING UPON PARCELS OF PUBLIC AND PRIVATE PROPL+'+'RTX, REFERRED TO AND DESCRIBED IN THIS RESOLUTION CONSTITUTE AND ARE A PUBLIC NUISANCE; RE=QUIRING ABATEMENT, AND SETTING PUBLIC HEARINGS AT 'WHICH OB IECTIONS MAX BE HEARD WHEREAS, brush and weed abatement reduces filet 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 persotulel 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 seg/, provide a procedure for weed abatement by municipal entities, pursuant to whioli 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 oil 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, 2017-040 N.G.S. Page 1 2, That the City Council hereby sets the time for a public hearing at 7:00 part., 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 15, 2017 and, if required, again on July 17, 2017, 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 deloga(e this duty to the Tire Marshal, Said notice sliall be substantially in the form provided by Government Code Section 39566, JJnder the power and authority conferred upon this Council by the Charter of said City_ A loved as to RUERMCM t hereby cottify lho foregoing Resolution was introduced xnd adopted by the / ,p J Council of the City of Petaluma at a Rogular meeting on the 20a' day of Moroh, l/ i fonh: 2017, by the foliowing vote: a City tturney AYM Albertson, Mayor Glass, Ilenly, Kearney, King, Miller NOES: None ABSEN'rt Vice MayorBarctt ABSTAIN: None ATTEST; i)epuly 'ity IcrkP:o'Cem Resolution No, 2017.040 N.C.S. Page 2 David Glass Ugror Chris Albertson Teresa Barrett Alike Healy Gabe Kearney Dave Wag Kathy Aliller Councibnembers Fire Department 198 "D"Street Petaluma, Ci 94951 Phone (707) 778-4390 Fax (707) 931-0668 Fire Prevention Bureau 11 English Street Petahnna, CA 94952 Phone (707) 778-4389 Fax (707)106-6036 Re: Parcel #<<APN» «Num» «Street» CITY OF PETALUMA POST OFFICE BOX 61 PETALumA, CA 94953-0061 NOTICE OF HEARING Attachment 3 On the 20th day of March, 2017, the City Council of Petaluma, California passed Resolution #2016-040, declaring weeds that constitute a fire 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 Hearing of the Petaluma City Council, to be held on the 17th day of July, 2017, in the Council Chambers at City Hall, 1 I English Street, Petaluma, California, beginning at 7:00 p.m., or as soon thereafter as the matter maybe 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 obiect 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 18, 2017, it will be cleared by a City contractor, and the cost of removal assessed against the property, including a $195.00 administrative fee. Failure to remit fees due will result in a special assessment placed on a secured property tax roll. s 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 Bose 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://wwNv.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(ct�,ci.petaluma.ca.us. 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) 775-4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A 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. oCurrent Owner» «dba)> «Owner's Address)) ((City))«Zip» (<Zip 4» 2017 WEED ABATEMENT MAILING LIST Proving Notice of 07/17/17 Public Hearing JAPN STREET CURRENT OWNER DBA OWNER'SADDRESS CITY ZIP ZIP4 019193028 1176 I STExr LYNCH ADAM & MEGAN 75 ALOHA Cr PETALIJMA CA 94952 007261013 145 ARLINGTON DR STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION O BOX 23440 MS IIA OAKLAND CA 94623 - 00726I014 .149 ARLINGTONDR STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PO BOX2344O MS 11A OAKLAND CA 94623 008570057 28 OXFORD CT FERRIS MICHAEL & JOANNE 28 OXFORD Cr PETALUMA CA 94952 008630052 -123KNIBERLY WAY STEPBENS PROPERTIES INC7I5 SOUTn-onrr BLVDSTEB PETALUMA CA 94954 008490031 450 YESLN CTRPARTIMBPLP 90SCALLEAMAX ECER.STE300 ISAN CLE ENTECA92673 Attachment 4 City of Petaluma, California MEMORANDUM Fire Prevention Bureau, 11 English Street, Petaluma, CA 94952 (707) 778-4389, Fax (707) 776-3642 DATE: June 26, 2017 TO: Honorable Mayor and Members of the City Council through the City Manager FROM: Leonard Thompson, Fire Chief Jessica Power, Fire Marshal SUBJECT: Weed Abatement Program 2017 - Public Hearing, 07/17/17, 7:00 p.m. Fire Prevention Bureau mailed weed abatement notices to 6 parcel owners who own property within the City limits. 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 None TERESA BARRETT None DAVID GLASS _......... Parcel No. Address 008-570-057 28 Oxford Court MIKE HEALY (Primary & Secondary Addresses) None GABE KEARNEY None DAVE KING (Primary & Secondary Addresses) None KATHY MILLER None