HomeMy WebLinkAboutStaff Report 5.A 07/18/20055.A
CITY OF PETALUMA, CALIFORNIA July 18, 2005
AGENDA BILL
Agenda Title: Meeting Date:
Discussion and Possible Action Ordering Abatement of Nuisance July 18, 2005
Consisting of Weeds Growing on Public/Private Property in the City
of Petaluma and Ordering the Fire Chief to Remove said weeds by Meeting Time: X 3:00 PM
contract or his own forces.
Category (check one): ❑ Consent Calendar XPublic Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Denartment: D" e e Contact Person: Phone Number:
Fire C ris` n, Michael A. Ginn, 778-4389
F' Chi,Fire Marsha
Cost of Pronosal: $188,,500.00 Account Number: 5020-54160
Amount Budgeted: $18,500.00 Name of Fund:
Attachments to Agenda Packet Item:
Copy of Resolution 2005-037 ("Declaring Weeds a Public Nuisance")
Summary Statement:
On 5/2/05 the Council held a hearing to consider objections to the 3/21/05 Declaration wherein the Council
"Declared Weeds a Nuisance." Throughout the weed abatement season, the Fire Marshal's Office receives
complaints for properties requiring abatement, but not originally listed and noticed for the 5/2/05 and
6/20/05 Public Hearings. These property owners must be given the same right to due process and given an
opportunity to be heard by Council. It is not anticipated that any property owners will attend the meeting
to object to this matter. This hearing is the final abatement hearing for the season.
Recommended City Council Action/Suggested 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 Fina ce Director:
Date:
�1b
Todav's Date: JAne 27, 2005
Reviewed by City Attornev:
Date:
Revision # and Date Revised:
Approved b ity Manager:
$K Date:
File Code:
S:tweeds 451Agenda Reponsl0rdering Abatement -
3rd mailing.doc
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
181h day of July 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 July 18, 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. 2001-035 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 THE, 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 2, Division 3, of Title 4 of the Government Code.
SATire Prevenweeds WAgenda ReportstOrdering Abatement- 3rd mailing.doc
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 beard 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 Cleric 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 , form
on the ........2.1 .............. day of .......March..................................., 2005., by the /
following vote: �..... ..................
City Attorney
AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: (/`� None\/\J,
ATTEST: .!/.1_ �: i... .( ................ .�Y.G.:P,r.'. / 1 ....................... ............
City Clerk Mayor
Council File.... .............. ....... .......
R,s IVo A05-037 _ N cs