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HomeMy WebLinkAboutStaff Report 4.A 07/20/2009CITY OF PETALUIVIA, CALIFORNIA 4.A AGENDA BILL July_ 20, 2009 Agenda Title: Meeting_Date July 20, 2009 Discussion and Possible Action Ordering Abatement of Nuisance Consisting of Weeds Growing on Public/Private Property in the City of Petaluma and Meeting Time: 7:00 PM Ordering the Fire Department to Remove said Weeds by Contract or Their Own Forces Cateeorv: ❑ Presentation ❑ Appointments ❑ Consent ® Public Hearing ❑ Unfinished Business ❑ New Business Department: Director: Fire Larry B. Anderson, . .Fire Chief Total Cost of Proposal or Proiect: Contact Person: Cary D. Fergus, Interim Fire Marshal Phone Number: 778-4389 Mame of Fund: Professional Contractual Amount Budgeted: $18,500 Account Number: 13400-54110 Current Fund Balance: $ 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. 1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment 3. ® Other action requiring special notice: Notice has been given, see Attachment B. Summary Statement: On 3116109, the Council approved a Resolution declaring weeds growing on public and private property a nuisance. On 5118109, a public bearing was Feld for the original 609 parcel abatement list. Throughout the weed abatement season, additional parcels/owners not listed on the original abatement list are located. This hearing is for these additional parcels (I 0 total). Please be advised that none of the parcels noticed for this hearing are within 500' of council members' properties. Attachments to Agenda Packet Item: 1. Agenda Report 2. Resolution to Order Abatement of Weeds 3. Copy of Resolution 2009-032 ("Declaring Weeds a Public Nuisance Requiring Abatement") 4, Attachment A: List of additional parcels requiring abatement 5. Attachment B: Copy of letter sent to newly located parcel owners Reviewed by Finance Director: Reviewed by City Attorney-: Appfrpvcd by-Ptv Manama: Q"w V SCJ ate. Date: Date: Rev. # - File: S-ffirc PrevenlionMeeasMeeds MRcsu1072009 City Council Date Last Revised: June 3b, 2i)o9 "l�#� I I Agenda Bilk Ordering Abatement -Round 2 CITY OF PETALUMA, CALIFORNIA JULY 20, 2009 AGENDA REPORT FOR Discussion and Possible Action Ordering Abatement of Nuisances Consisting of Weeds Growing on Public/Private Property in the City of Petalurna and Ordering the Fire Department to Remove said Weeds by Contract or Their Own Forces. 1. RECOMMENDATION: The Council adopt the resolution ordering the Fire Department to clear all weeds/brush that constitute a nuisance/fire hazard. 2. BACKGROUND: For over 23 years the Fire Department (thru the Fire Prevention Bureau) 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 Prevention Bureau 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 dissention 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. This particular Public Hearing is for 10 newly -identified parcel owners not listed on the original abatement list and allows for any objections to be heard by Council prior to forced abatement. The Fire Marshal's office began checking its first list of 609 notified parcel owners for potential hazards on .lune 1, 2009. As the weed season has progressed, 10 additional parcels were identified and/or parcel owners located that were not on the original abatement notification list. These newly -identified parcels will have until July 21, 2009 to clear their properties of nuisance weeds, otherwise forced abatement will tale place and the property owner will be assessed the direct costs for the abatement, plus an administrative fee of $155. Property owners that fail to pay the abatement fees by August 1 of each calendar year will have special assessments and liens placed against their property in the amount of the City's costs of abatement. Council directs unpaid invoices to be special assessments added to property tax bills. 3. DISCUSSION: On 5118109, a Public Hearing was held for the original 609 parcel abatement list. Throughout the weed abatement season, additional parcels/owners not listed on the original abatement list are located. This Public Hearing, and subsequent resolution, is for these additional parcels (10 total) and 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 ii'property owners fail to do so themselves. The Government Code requires the Council to hear objections from property owners and then order abatement. 4. FINANCIAL IMPACTS: The weed abatement program is a 100% cost recovery program. Direct costs of abatement are charged based on actual costs to clear the parcels. Resolution No. 2008-152, adopted August 4, 2008, set the administrative fee for weed abatement at $155 per parcel, based on the City's actual and reasonable costs of administering the program, as part of the City's adopted schedule of fees for services. All direct and administrative costs will be recovered by payment of the City's invoice to the individual property owner(s) and/or collection of special assessments against the parcels by the County Assessor in connection with property tax payments. 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 16a' day of March 2009, the Council of the City of Petaluma adopted Resolution No. 2009-032 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 20"` day of July 2009, at the hour of 7:00 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, WH)CREAS, on May 18, 2009, a licaring was held for parcels originally identified as requiring abatement; and, WHEREAS, written notice of the July 20, 2009 hearing, substantially in the forin provided by Government Code Section 39566, was mailed to owners of potentially impacted properties not included for the May 18, 2009 hearing and identified on Attachment A, attached hereto, and incorporated herein by reference, as specified in Resolution No. 2009- 032 N.C.S.; and, WHEREAS, the City Council has held its hearing and considered all objections or protests to the proposed abatement of weed nuisance 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 abatement of said weed nuisance; NOW, THEREFORE, BE IT RESOLVED that: 1, The City Council does hereby order the Fire Department of the City, through a contractor employed by this Council, to abate said nuisances by removing said weed nuisance 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. 2009-032 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 ($155.00) to every parcel or lot of private or public property that requires abatement by the City; and 3. 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. Resolution No. 2009-032 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 REQUIRING ABATEMENT WHERE, AS, brush and weed abatement reduces fuel loads in areas of Petaluma susceptible to grassibrush fres 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 seri, 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 I7f FURTHER RESOLVED that the City Council hereby sets the time for a public hearing at 7:60 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, Rt!solusian No- 2009-032 N.C.s Page 1 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 Iist on file in the Fire Marshal's Office_ 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 ofsaid City. REFERENCE: I hereby cenily the foregoing Resolution was introduced and adopted by the Appro led as to Council of the City of Petaluma at a Regular meeting on the 16" day of March. 2009, by the following vote: City �torney AYES: Vice Mayor Barrett. Glass, Harris_ Healy, Rabbitt, Renee, Mayor Todiatt � NOES: Alone ABSENT: None ABSTAIN: None ATTEST: — City Clerk Resnluunn No. 2009-032 N.C.S Maya V Page 2 .1 1 . r.' w. 1 8 1 r x APN No. ADDRESS CURRENT OWNERDL3A OWNER'S ADDRLS 0a0s63oo33 0863 — 2I TRDDN TER -- BARTON NEIL F & ABETII C ELIS ...._.. - - _ 21 TROON TER 19203008 _. _ --- 674 SUNNYSLOPE RD - -0000-- --- -0000-- --- -- - DCC PROPERTY HOLDINGS INC --- P.O. BOX 878 - 006092034 21 CHERRY ST CAIATI KRISTOPHER J &. S14ELLEY � 21 CHERRY ST - 007303002 1445 SIERRA DRIVE HU LILY 4076 WESTMINSTER PL 005181009 1267! SAN JOSE WY REO PROPERTIES LP 1785 HANCOCK ST STE 100 019130047 1311 `D ST EXT 0000_ -- ---- -- - - °SUNNY D DEVELOPMENT LLC --- - !RANDALL CASBELL 112 STANLEY STREET 006470025 812 BANTAM WAY THOMPSON DANIEL J -- - � 812 BANTAM WAY - 006221070 826 WEBSTER ST NORTH TILL JAMES L'2710 BUNGALOW PL 008123015 201 PETALUMA BLVD SOUTH UNION OIL COMPANY OF CA --- -- TAXADMINISTRATOR I P.O. BOX 5076 008115016 429 FOURTH ST WOOD MATTHEW 1429 FOURTH ST 6/30/2009 S CITY ZIP +4 PETALUMA CA 194952 SANTA ROSA CA 95402 878 PETALUMA CA 94952 DANVILLE CA 94506 127.4 ISAN DIEGO CA 92110 2051 PETALUMA CA j94952 [PETALUMA CA ;94952 :CORONA DEL MAR CA 92625 1530 SUGAR LAND TX :77487 1 5076 PETALUMA CA ;94952) Pamela Torliiatt Re: Parcel #,CC(X)CKXX Rlayor Property Address Teresa Barrett NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at David Glass (707) 778_4389 or firemarshateei.petaluma.ca.us. Mike Harris - Mike Kealy David Babbitt NOTICE OF HEARING Tiffany RenEc CoundImembers a On the 16th day of March, 2009, the City Council of Petaluma, California passed Resolution #2009-032, declaring that weeds that constitute a fire hazard in the City of Petaluma and are a public nuisance must be abated. For a copy of the resolution, contact the office of the City Clerk at (707) 778-4360. a 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 201h day of July, 2009, in the Council Chambers at City Hall, 11 English Street, Petaluma, California, at 7:00 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. Only attend the meeting if you object to the Fire Marshal clearing your property if you fail to do it yourself. 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--1360 (voice) or (707) 778-4481 (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 chemical sensitivities or other environmental illness. it is requested that you refrain from wearing scented products. FINAL DATE FOR REMOVAL OF WEEKS ® 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 Iist of private contractors is available upon request. e If the property identified on this notice is not cleared of weeds by July 21, 2009, it will be cleared by a City contractor, and the cost of removal assessed against the property, FireDepardnent including a $155.00 administrative fee. Failure to remit fees due will result in a special 193 " 13- slreel Peraluma, C:4 94952 assessment placed on a secured property tax roll. 1'11011e f707.) 773-4390 e All parcels must be maintained free of brush/weeds that constitute a fire hazard Fax 170 i 1 7(2-4]47 throughout the season — May to October — or until the first major rains in ball_ Fire Prevention Bureau 11 fnglishSfreer Pcruhnna. CA 91952 phone (707) 773-4339 Fri, (71)7) 776-3642 OWNERS NAME DBA MAILING ADDRESS CITY, STATE ZIP