HomeMy WebLinkAboutStaff Report 3.A 04/16/2018lum
DATE: April 16, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Leonard Thompson, Fire Chief'
Jessica Power, Fire Marshal
SUBJECT: Resolution 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, and Setting Public Hearings at Which
Objections May Be Heard
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution 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, and Setting Public
Hearings at Which Objections May Be Heard.
BACKGROUND
For over 32 years, the City of Petaluma has conducted an aggressive weed abatement program.
The clearing of public and private property, depending on weather, must be accomplished by
mid-May or early June of any given year and maintained until the first major rains of the fall.
In order for the Fire Prevention Bureau to conduct weed abatement activities, the Government
Code requires the City Council to pass a resolution declaring weeds/brush a nuisance and to hold
a public hearing for dissension to this action.
In summary, the weed abatement program follows this process annually:
• The City Council declares weed/brush a nuisance and orders a public hearing to hear
objections.
The City Council holds a public hearing and orders abatement where appropriate.
Property owners that qualify for grass/brush abatement are sent a notice that requests they
clear their properties of nuisance weeds and overgrowth by May 31" (or otherwise
imposed deadline), weather permitting.
• Property owners are encouraged to do their own weed abatement.
0 Parcels still requiring abatement are identified by an inspector.
Forced abatement takes place only after non-compliance with the May 31 st (or otherwise
imposed) deadline.
Forced abatement is done by a contractor hired by the City through a bid process and is
under the direction of the abatement inspector. Bids are solicited for these contract
services every two (2) years, when warranted.
Cost of the abatement, including the administrative cost of $203 per parcel, is invoiced
directly to the property owner.
Failure to pay the abatement invoice by the stated deadline authorizes the City to impose
a special assessment on the property for the cost of abatement. The outstanding amount
and parcel ownership information is provided to the County for collection as a special
assessment placed on the owner's yearly property tax statement.
The City Council holds a public hearing on the weed program's cost report and
authorizes special assessments for properties whose owners have not paid their cost of
abatement.
• The City Council authorizes the release of the final 10% of fees previously withheld by
the City and provides this final payment to the abatement contractor upon the completion
of work.
DISCUSSION
The purpose of brush and weed abatement is to reduce fuel loads in areas susceptible to grass or
brush fires. The weed abatement program is a proactive fire prevention measure designed to:
1. Prevent ignition by reduction or removal of fuel;
2. Stop, slow, or confine the spread of a fire in areas with excessive grass or 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.
All grass and brush fires cannot be totally eradicated, but this type of weed abatement goes a
long way to accomplish the goals noted above.
The finished product typically results in grassy areas that are disked under. Disking is the most
effective method for weed abatement throughout the fire season. Areas of expansive acreage are
disked with fire breaks in strategic locations. Where disking is impractical, mowing or weed -
eating is permitted.
Additionally, the contractor awarded the City's two-year weed abatement contract agrees to
honor any designated "Spare -the -Air Days" that occur during the weed abatement season, as
designated by the Bay Area Air Quality Management District (BAAQMD). The contractor
fulfills this agreement by not utilizing any gas or diesel powered equipment on those designated
days. The City of Petaluma requires the contractor to enroll online with BAAQMD to receive
automatic e-mail notifications for designated "Spare -the -Air Days". All scheduled weed
abatement cutting will take place around those designated days, if any.
4
FINANCIAL IMPACTS
The weed abatement program is structured to be a 100% cost recovery program, however the
amount of cost recovered is dependent upon the number of parcels abated. A per -parcel
administrative fee is added to each public and private parcel that is abated. Said fee is imposed to
cover the cost of the weed abatement inspector, program management and clerical support.
Fewer parcels abated reduces the administrative fee collected. The administrative fee for the
2018 weed abatement program is $203 per parcel and is based on the City's actual and
reasonable costs of administering the program. The fee is approved by City Council Resolution
and is identified in the City's adopted schedule of fees for services.
Direct costs of abatement are charged based on actual costs to clear the parcels. All work
performed such as disking, mowing, blading or hand work is charged at one hour minimums.
Additional work over one hour is prorated on quarter-hour increments at the same hourly base
rate. The Contractor is permitted to charge a pulling (or towing) fee for each parcel where
mowing, blading, disking or a combination thereof is performed. This fee is not applicable where
only hand work is provided.
ATTACHMENTS
1. Resolution.
RESOLUTION 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, AND SETTING
PUBLIC HEARINGS AT WHICH OBJECTIONS MAY BE HEARD
WHEREAS, brush and weed abatement reduces fuel loads in areas of Petaluma known
for being susceptible to grass and brush fires and is regarded as a proactive fire prevention
measure designed to (1) prevent ignition by the reduction or removal of fuel; (2) slows, stops,
or confines the spread of a fire in areas with excessive grass/brush; (3) allows time for fire
suppression personnel to respond and extinguish a threatening fire; and (4) reduces the fire
threat from properties that adjoin the City limits; and
WHEREAS, the Petaluma Fire Prevention Bureau has developed an aggressive brush
and weed abatement program which has served to protect the public health, safety and
welfare of the citizenry of the City of Petaluma by reducing fire danger and the effects of
excessive brush and weed fires for the past thirty-two years; 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 thereby allow the Fire Department to
proceed with abatement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. All of the weeds now growing upon public and private parcels 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,
2. That the City Council hereby sets the time for a public hearing at 6:45 p.m., or as soon
thereafter as the matter can be heard, in the Council Chambers of the City Hall, 11
English Street, Petaluma, California, on May 7, 2018 and, if required, again on July 16,
2018, at which time the City Council will hear and consider all objections to the
proposed removal of weeds, rubbish, refuse and dirt; and,
3. That pursuant to Government Code Section 39567.1, the City Clerk shall cause written
notice of the proposed abatement to be mailed to each person to whom such described
property is assessed in the last equalized assessment roll available on the date this
resolution is adopted. The City Clerk may delegate this duty to the Fire Marshal. Said
notice shall be substantially in the form provided by Government Code Section 39566.
5