HomeMy WebLinkAboutStaff Report 3.B 03/20/2006CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Meeting Date:
Resolution Declaring Weeds Growing Upon Parcels of Public and March 20, 2006
Private Property a Public Nuisance
Cateeory (check one):
❑ Unfinished Business
Department:
Fire
Cost of Proposal:
Amount Budgeted:
X Consent Calendar
❑ Presentation
&B
March 20, 2006
Meeting Time: X 3:00 PM
❑ 7:00 PM
❑ Public Hearing ❑ New Business
Director:
Contact Person:
Chris Alberts?,
Michael A. Ginn,
Fire Chief
.-Fire
Marshal
_
$18,500.00
t�
$18,500.00
Attachments to Agenda Packet Item:
1. Agenda Summary
I Resolution Declaring Weeds a Nuisance
Summary Statement:
Phone Number:
778-4389
Account Number: 5020 54160
Name of Fund:
Professional Contractural
The weed abatement program has been in effect for over twenty-one years. Its purpose is to reduce the fire
threat to structures and property. Previous vegetation fires were stopped or slowed by the weed abatement
program. Property owners are encouraged to have the weeds removed themselves or by a contractor of
their choice. Last year, property owners were notified to remove or clear their properties of flammable
weedsibrush; 57 parcels required forced abatement by the City.
Recommended Citv Council Action/Suggested Motion:
Pass Resolution declaring weeds growing on public and private property a public nuisance and order
abatement.
Reviewed by Administrative
SOvices Director: 4 a J
1( � Date: b
Todav's Date: February 15, 2006
Reviewed by City Attornev:
Q ate:
Revision # and Date Revised:
#
I
Armroved,b� Citv Manager:
Date:
File Code:
5:\Fire Prevention\Weeds\Weeds 06Wgenda
Reports\Declaring Weeds Nuisance.doc
CITY OF PETALUMA, CALIFORNIA
MARCH 20, 2006
AGENDA REPORT
FOR
Resolution Declarine Weeds Growine UDon Parcels of Public and Private Pronertv a Public Nuisance
EXECUTIVE SUMMARY:
The purpose of brush and weed abatement is to reduce fuel loads in areas susceptible to
grass/brush fires. The abatement program is a proactive fire prevention measure designed to accomplish
several factors:
1. Prevent ignition by reduction or removal of fuel
2. Slow, stop or confine the spread of a fire in the grass/brush
3. Allow time for fire suppression personnel to respond and extinguish a threatening fire
4. Reduce the fire threat from properties that adjoin the city limits (primary on west side of
town)
The finished product typically results in grassy areas that are disked under. Disking is the most effective
method for abatement throughout the fire season. Areas of expansive acreage are disked with fire brakes
in strategic locations. Where disking is impractical, mowing or weed eating is permitted.
All grass/brush fires cannot be totally eradicated, but this type of abatement goes a long way to
accomplish the goals noted above.
2. BACKGROUND:
For over 21 years, the Fire Department (Fire Prevention Bureau) has developed an aggressive abatement
program. The clearing of property, depending on weather, must be accomplished by mid-May or early
June of a given year and maintained through the first major rains of Fall.
In order for the Fire Prevention Bureau to conduct abatement activities, the Government Code requires
the Council to pass resolutions declaring weedsibrush a nuisance and to hold a public hearing for
dissension to this action.
In summary, the program follows this annual timeline:
• Council declares weed/brush a nuisance and orders public hearing to hear objections
• Council holds public hearing and orders abatement.
• Parcels requiring abatement are identified by an inspector.
• Property owners that qualify for grass/brush abatement are sent notices to clear their properties by
May 15`h to June 15t, weather permitting.
• Property owners are encouraged to do their own weed abatement.
• Forced abatement takes place only after non-compliance with the May 151h to June ls` deadline.
• Forced abatement is done by a contractor hired by the city and under the direction of the abatement
inspector.
• Costs for the abatement plus an administrative fee (of $100.00 per parcel) are invoiced to the
property owner.
• Failure by the property owner to pay the abatement fees by August 1 of the calendar year have their
property taxes levied for recovery.
• Council directs unpaid invoices to be levied to property taxes.
• Council releases 10% of fees held by city to abatement contractor upon completion of work.
ALTERNATIVES:
Other than taking no action on an issue such as this, there is no other legally viable alternative.
4. FINANCIAL IMPACTS:
The funds budgeted for the contractor to perform annual abatement duties are $18,500. All of moneys
expended for the contractor are recovered. In addition, a $100.00 administrative fee is added onto the
abatement invoice and is used for recovering the cost of the abatement inspector, program management,
and secretarial support.
5. CONCLUSION:
The brush and weed abatement program reduces fuel loads in areas susceptible to grass/brush fires. This
program proves to be successful every year and is the best method for reducing brush fire threats to our
community.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
1. Prevent ignition by fuel removal or reduction
2. Slow, stop or confine the spread of a fire in the grass/brush
3. Allow time for fire suppression personnel to respond and extinguish a threatening fire
4. Reduce the fire threat from properties that adjoin the city limits, primarily on the west side of town
RECOMMENDATION:
The Council approve the resolution to declare weeds/brush a public nuisance. Then on May 15, 2006,
proceed with a public hearing and order abatement.
S:\Fire Prevention\Weeds\Weeds 06Wgenda Reports\Declaring Weeds Nuisanee.doc
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 15 and, July 17, 2006,
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 Cleric. Said
notice shall be substantially in the form provided by Government Code Section 39566.
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