HomeMy WebLinkAboutStaff Report 4.A 05/02/20054.A
CITY OF PETALUMA, CALIFORNIA May 2, 2005
AGENDA BILL
Aeenda Title: Meetine Date:
Discussion and Possible Action Ordering Abatement of Nuisance May 2, 2005
Consisting of Weeds Growing on Public/Private Property in the City
of Petaluma and Ordering the Fire Chief to Remove said weeds by Meetine Time: X 3:00 PM
contract or his own forces. ❑ 7:00 PM
Cateeory (check one): ❑ Consent Calendar X Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Denartment:Directo • Contact Person: Phone Number:
Fire Chris Ibe Michael A. Gi 778-4389
Fire C ' f Fire Marshal
Cost of Proposal: $18,500.00 Account Number: 5020-54160
Amount Budeeted: $18,500.00 Name of Fund:
Attachments to Aeenda Packet Item:
1. Agenda Report
2. Resolution to Order Abatement of Weeds
3. Copy of Resolution 2005-037 ("Declaring Weeds a Public Nuisance")
4. Copy of letter sent to property owners
Summary Statement:
On 3/21/05, the Council approved a Resolution declaring weeds growing on public and private property a
nuisance and requiring a Public Hearing to be held on May 2, 2005, to hear objections to said Declaration.
As in years past, it is not anticipated that anyone will object to the weed declaration.
Recommended Citv Council Action/Sueeested Motion:
Pass Resolution ordering abatement of weeds and authorizing the Fire Department to abate weeds that
constitute a hazard if the property owner fails to do so.
Reviewed by Finance Director:
P 4 Date-
TodaVs Date: April 1, 2005
Reviewed bv_ Ci Attornev:
113M Watee
Revision # and d:
Anproved City Manaeer:
Date:
File Code:
S:\\Fire Prevention\Weeds\Weeds 05\Agenda
Reports\Ordering Abatement doc
CITY OF PETALUMA, CALIFORNIA
MAY 2.2005
AGENDA REPORT
FOR
Discussion and Possible Action Orderine Abatement of Nuisance Consistine of Weeds Growine on
Public/Private Property in the Citv of Petaluma and Orderine the Fire Chief to Remove said weeds by
contract or his own forces.
EXECUTIVE SUMMARY:
On 3/21/05, the Council approved a Resolution "Declaring Weeds Growing on Public/Private Property a
Hazard". Both the resolution and Government Code require the Council to hold a "Public Hearing" to
hear any objections to the declaration. After the "Public Hearing", the Council approves a resolution
"Ordering Abatement of Nuisances Consisting of Weeds Growing Upon Public and Private Property in
the City of Petaluma and Ordering the Fire Chief to Remove Said Weeds, by Contract or by his Own
Forces".
2. BACKGROUND:
For over 20 years the Fire Department (Fire Marshal's Office) has developed an aggressive abatement
program. The clearing of property, depending on weather, must be accomplished by June of a given year
and maintained through the first major rains of fall.
In order for the Fire Marshal's office to conduct abatement activities, the Government Code requires the
City to adopt resolutions declaring weeds/brush a nuisance and to hold a public hearing for dissension to
this action. This is accomplished to assure due process for property owners. Very few, if any,
complaints or concerns are raised by the public regarding the program.
Summary of Events:
• Council declares weed/brush a nuisance and orders public hearing to hear objections. (3/05)
• Council holds public hearing and orders abatement. (5/05)
• Parcels requiring abatement are identified by an inspector. (5/05)
• Property owners that qualify for grass/brush abatement are sent notices to clear their properties by
June. (5/05)
• Property owners are highly encouraged to do their own weed abatement.
• Forced abatement takes place only after non-compliance with the abatement deadline. (6/05)
• Forced abatement is done by a contractor hired by the City and under the direction of the abatement
inspector. (6/05)
• Direct costs for the abatement plus a $100.00 administrative fee are invoiced to the property owner.
• Property owners that fail to pay the abatement fees by August 1 of each calendar year have their
property taxes levied for recovery. (7/05)
• Council directs unpaid invoices to be levied to property taxes. (8/05)
• Council releases 10% of fees held by City to abatement contractor upon completion of work. (9/05)
Throughout the weed abatement season, the Fire Marshal's Office is notified about parcels requiring
abatement but not listed in this public hearing. If after an inspection it is deemed a fire hazard, these
property owners must be given the same right to due process and given an opportunity to be heard by
Council. Therefore, two additional other Public Hearing dates have been set for 6/20/05 and 7/18/05 to
permit any objections to be heard by council prior to forced abatement.
3. ALTERNATIVES:
Other than taking no action, there is no other legally efficient viable alternative.
4. FINANCIAL IMPACTS:
This program is one of the cost recovery items identified in the cost allocation plan and cost of services
study (Reference # S-04900, Page A-138) by Mr. Rick Kermer of Revenue & Loss Specialists, LLC.
Based on calculations of the study, a $100.00 administration fee should be charged to both public and
private property owners in a effort to capture actual costs of the program.
This is a 100% cost recovery program. All direct costs and administration fees will be recovered by
payment of an invoice and/or property tax collection as authorized by the government code.
5. CONCLUSION:
The Government Code requires the Council to hear objections from property owners and then order
abatement. This public hearing and subsequent resolution meets the intent of law which allows the Fire
Marshal's Office and the City's contractor to enter on private property and force the abatement of any
fire hazard, if property owner's fail to do it themselves.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
N/A
RECOMMENDATION:
The Council adopt the resolution ordering the Fire Department to clear all weedsibrush that constitute a
nuisance/fire hazard.
The Fire Marshal's Office will begin to check parcels for potential hazards. Property owners will be
notified to begin abatement. Forced abatement will begin between May 15 to June 1, 2005, depending
on weather conditions.
S:\Fire Prevention\Weeds\Weeds 05\Agenda Reports\Ordering Abatement.doe
RESOLUTION ORDERING ABATEMENT OF NUISANCES
CONSISTING OF WEEDS GROWING UPON PUBLIC AND PRIVATE PROPERTY
IN THE CITY OF PETALUMA AND ORDERING THE FIRE CHIEF TO REMOVE
SAID WEEDS, BY CONTRACT OR BY HIS OWN FORCES
WHEREAS, on the 2151 day of March 2005, the Council of the City of Petaluma adopted
Resolution No. 2005-037 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
2"d day of May 2005, at the hour of 3:00 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 2, 2005 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. 2005-037 N.C.S.; and,
WHEREAS, the City Council has held its hearing and considered all objections or protests to the
proposed removal of weeds and has 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
removal of said weeds;
NOW THEREFORE, BE IT RESOLVED that the City Council does hereby order the Fire
Department of the City, through a contractor employed by this Council or its own forces, to abate
said nuisances by removing said weeds 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. 2005-037 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.
NOW THEREFORE, BE IT RESOLVED that to recover administrative costs for managing
the abatement program, the City Council authorizes the Fire Marshal to assess a $100.00
administrative fee to every parcel or lot of private or public property that requires abatement by
the City.
BE IT FURTHER RESOLVED that said 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 39547 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 Z, Division 3, of Title 4 of the Government Code.
S:\\Fire Prevention\Weeds\Weeds 05\Reso Ordering Abatement.doc
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Resolution No. 2005-037 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 WHICH THE CITY NEEDS TO ABATE
BE IT RESOLVED that the Council of the City of Petaluma hereby declares that all of
the weeds now growing upon the parcels of public and private property 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,
BE IT FURTHER RESOLVED that the City Council hereby sets the time for a public
hearing at 3:00 p.m., or as soon thereafter as can be heard, on May 2, June 20, and July 18, 2005,
as the time when 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 Office of the City Clerk. Said notice shall be
substantially in the form provided by Government Code Section 39566.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting Corm
on the ........2,1.1.t ............ day or .........arch.................................... 20.0.5., by the I/
following vote: I.... ...• ..........................
City Attorney
AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT:None
ATTEST: .�".i... (.�................ N... ...................
City Cleric
cauncll file ... _..............................
acs. No......2005-037__ .. N.cs
(�../..K.G..(i. �...... � ....................................
Mayor
David class
Alavor
KOM Canevar"
Mike Harris
Alike Henly
Karen Nau
alike O'Brien
Pamela Torliatt
CoancitmemGers
Fire Department
198 "D"Street
Pelduma, Cd 9495'
Phone (707) 778.4390
Fax (707) 762-4547
Fire Prevention Bureau
71 English Sneel
Petaluma, CA 94951
Phone (707) 778.1389
Fax {707) 776-3642
POST OFFICE Box 61
PETALUMA, CA 94953-0061
Re: Parcel #((APN)>
«NUM(( ((STREET))
On the 21" day of March, 2005, the City Council of Petaluma, California, passed
a resolution (#2005-037), declaring that weeds growing on parcels that constitute
a fire hazard in the City of Petaluma and are a public nuisance that must be
abated. For a copy of the resolution, contact the office of the City Clerk at 707-
7784360.
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 2"d day of May, 2005, in the Council Chambers at City Hall, 11
English Street, Petaluma, California, at 3:00 p.m., or as soon thereafter as the
matter may be heard, when their objections will be heard and given due
consideration. NOTE: You need not attend this hearing if you plan on
removing the weeds yourself or by a contractor of your choice. You only
need to attend the meeting if you object to the Fire Marshal clearing your
property if you fail to do it yourself.
If you no longer own this property, please contact the Fire Marshal's office at
(707) 778-4389 or firemarshalaei.netaluma.ca.us.
FINAL DATE FOR REMOVAL OF WEEDS
Property owners are encouraged to remove all weeds and brush by themselves or
other persons designated by them. For larger parcels, disking is the preferred
method. A list of private contractors is available upon request.
Ali parcels must be maintained free of brush/weeds that constitute a fire hazard
throughout the season — June to October — or until the first maior rains in Fall..
If the property identified on this notice is not cleared of weeds by June 3rd,
2005, it will be cleared by a City contractor, and the cost of removal assessed
against the property. If the City contractor clears the property, you will be liable
for the contractors fees, plus an administrative fee of $100.00 per parcel.
Failure to remit fees due will result in same amounts levied and assessed against
the property as a special assessment and placed on a secured property tax roll.
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((CURRENT CITY)> aZIP CODE»