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HomeMy WebLinkAboutResolutions 2011-042 N.C.S. 03/21/2011Resolution No. 2011 -.042 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, 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 twenty -five 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 that the City Council of the City of Petaluma hereby declares that 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, Resolution No. 2011-042 N.C.S. Page 1 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 16, 2011 and, if required, again on July 18, 2011, at which time all 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 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 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 meeting on the 21 day of March, iP 2011, by the following vote: �� 2- � Assistant City Attorney AYES: Albertson, Barrett, Mayor Glass, Harris, Kearney, Renee NOES: None ABSENT: Vice Mayor Healy ABSTAIN: None ATTEST: uaa� City Clerk Mayor Resolution No. 2011 -042 N.C.S. Page 2