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HomeMy WebLinkAboutStaff Report 2.C 03/16/2009CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Resolution Declaring Weeds Growing Upon Parcels of Public and Private Property a Public Nuisance 2.0 March 16, 2009 Meeting Date: March 16, 2009 Meeting Time: ❑ 3:00 PM ® 7:00 PM Category: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business Department: Fire Cost of Proposal Amount Budgeted: Director: Larry B. Anderson, Fire Chief $18,500.00 $18,500.00 Contact Person: Cary D. Fergus, Acting Fire Marshal Phone Number: 778-4389 Name of Fund: Professional Contractural Account Number: 5020 54160 Recommendation: It is recommended that the City Council take the following action: Adopt Resolution declaring weeds growing on public and private property a public nuisance and order abatement. Summary Statement: The weed abatement program has been in effect for over twenty-three 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 weeds brush; 31 parcels required forced abatement by the City. Attachments to Agenda Packet Item: 1. Agenda Report 2. Resolution Declaring Weeds a Nuisance Reviewed by Admin. Svcs. Dir: Reviewed by City Attornev: Approved by City Manager: Date: �(J�7 �J(�7 Date: Date: Rev. # 1 Date Last Revised: February 18, 2009 File: S:\Fire 1'revcntionRyceds\weeds WDeclaring We A Nuisance -0209 Agenda Di11.Doe CITY OF PETALUMA, CALIFORNIA March 16, 2009 AGENDA REPORT FOR Resolution Declaring Weeds Growine Upon Parcels of Public and Private ProDerty a Public Nuisance 1. RECOMMENDATION: That the Council adopt a resolution declaring weeds/brush a public nuisance. Then on May 18 and July 20, 2009, proceed with public hearings and order abatement. 2. BACKGROUND: For over 23 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 weeds/brush 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 I", weather permitting. Property owners are encouraged to do their own weed abatement. Forced abatement takes place only after non-compliance with the May 15`h to June 151 deadline. Forced abatement is done by a contractor hired by the City and under the direction of the abatement inspector. Cost for the abatement, including administrative costs ($150 per parcel), is invoiced to the property owner. Failure by the owner to pay the abatement fees by August 1 of the calendar year enables the City to impose a special assessment and lien on the property for costs of abatement which is collected with property tares. Council holds hearing on cost report and authorizes special assessments for properties whose owners have not paid costs of abatement. Council releases 10% of fees held by City to abatement contractor upon completion of work. 3. DISCUSSION: 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 (primarily 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. Other than taking no action on an issue such as this, there is no other legally viable alternative. 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. 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 $150.00 administrative fee is added onto the abatement invoice and is used for recovering the cost of the abatement inspector, program management, and secretarial support. 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 WHEREAS, brush and weed abatement reduces fuel loads in areas of Petaluma susceptible to grass/brush fires and is a proactive fire prevention measure designed to prevent ignition by reduction or removal of fuel; slowing, stopping, or confining the spread of a fire in the grass brush; allowing time for fire suppression personnel to respond and extinguish a threatening fire; and reducing the fire threat from properties that adjoin the city limits; and WHEREAS, the Fire Department (Fire Prevention Bureau) has developed an aggressive brush and weed abatement program which has served to protect the public health, safety and welfare by reducing fire danger and the effects of brush and weed fires; 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 proceed with abatement NOW THEREFORE BE IT RESOLVED that the City 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 7:00 p.m., or as soon thereafter as the matter can be heard, on May 18 and July 20, 2009, at which time the objections will be heard and given due consideration; and, 4 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 Fire Marshal's Office. Said notice shall be substantially in the form provided by Goverrunent Code Section 39566.