HomeMy WebLinkAboutStaff Report 6.A 07/15/2019DATE: July 15, 2019
TO: Honorable Mayor and Members of the City Council through City Manager'
FROM: Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal, Battalion Chief
SUBJECT: 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
RECOMMENDATION
It is recommended that the City Council adopt the attached 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.
BACKGROUND
On March 18, 2019, the City Council approved Resolution No. 2019-034 N.C.S. which declared
that weeds growing upon parcels of public and private property are a public nuisance requiring
abatement and set for May 20, 2019 and, if necessary, July 15, 2019 as Public Hearing dates. On
May 20, 2019 a Public Hearing was held to hear any objections on the original 590 parcel weed
abatement list (444 private/public parcel owners and 146 City -owned sites). There were no
obj ections.
The Fire Marshal's office began inspections of properties on the original list on June 17, 2019.
As the weed season has progressed, additional parcels/owners not listed on the original
abatement notification list have been identified (typically through complaints) as those which
may require abatement. An inspection of the additional sites has taken place and since these
parcels have been deemed to contain a weed -related fire hazard, the property owner(s) must be
given the right to due process and given an opportunity to be heard by Council. These newly -
identified parcels/owners have been made aware by letter that they have a right to a Public
Hearing and will have until July 16, 2019 to clear their properties of nuisance weeds, otherwise
abatement by the City will take place and they will be assessed the direct costs of the abatement,
plus an administrative fee of $209 per parcel.
DISCUSSION
The Government Code requires the City Council to provide a venue for property owners to voice
their objections regarding the City's weed abatement program and how the properties are abated.
This public hearing, and subsequent resolution, meets the intent of the law which allows the Fire
Department and its contractor to enter private property and force abatement of weed -related fire
hazards, if property owners fail to abate. Property owners are highly encouraged to handle their
own weed abatement and abatement by the City only takes place after non-compliance with the
stated abatement deadline of July 16, 2019.
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. Differences in size and type of terrain and method of
abatement used are all variables for costs incurred. The hourly costs for work performed are as
follows:
Disking:
$60.00/hour
Blade Work:
$50.00/hour
Tractor Mowing:
$60.00/hour
Hand Work:
$35.00/hour
Travel Time/Pulling Fee:
$30.00/hour
After expressed concerns from the Council regarding environmental effects from the disking
method, research was conducted to determine the extent of disking utilized for this program. In
2018 it was found that only two lots were abated utilizing the disking method. Portions, if not
all, of these lots may not be able to be abated by other methods due to the terrain. For the 2019
season and beyond, the contractor was provided direction to utilize other methods wherever
feasible. This may mean portions of lots 'are mowed, and portions are disked due to the terrain.
In addition, the Contractor 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"). They agree not to utilize any gas- or diesel -powered equipment on those
designated days and all scheduled weed abatement cutting will take place around those
designated days, if any.
PUBLIC OUTREACH
On March 18, 2019, the City Council approved Resolution No. 2019-034 N.C.S. which declared
that weeds growing upon parcels of public and private property are a public nuisance requiring
abatement and set for May 20, 2019 and, if necessary, July 15, 2019 as Public Hearing dates. On
May 20, 2019 a Public Hearing was held to hear any objections on the original 590 parcel weed
abatement list (444 private/public parcel owners and 146 City -owned sites). There were no
obj ections.
117 newly -identified parcels/owners were made aware by letter that was mailed on June 20,
2019 that they have a right to a Public Hearing and will have until July 16, 2019 to clear their
properties of nuisance weeds, otherwise abatement by the City will take place and they will be
assessed the direct costs of the abatement, plus an administrative fee of $209 per parcel.
FINANCIAL IMPACTS
The weed'abatement program is structured to be a 100% cost recovery program. Direct costs of
abatement are charged based on actual costs to clear the parcels. A per -parcel administrative fee
is added to each public and private parcel that is abated, to cover the cost of the weed abatement
inspector, program management and administrative support. The administrative fee for the 2019
weed abatement season is $209 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. All direct and administrative costs are
recovered through payment by the individual property owner(s) and/or collection of special
assessments against the specific parcels by the County Assessor in connection with property tax
payments.
ATTACHMENTS
1. Resolution
2: Resolution Declaring Weeds a Public Nuisance Requiring Abatement
3. Letter Mailed to Property Owners and List of Newly Located Properties
4. Memo to Petaluma City Council Listing Properties Within 1,000' of Councilmembers'
Properties
Attachment 1
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 18th day of March 2019, the Council of the City of Petaluma adopted
Resolution No. 2019-034 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 15th day of July 2019, at the hour of 6:45 p.m., or as soon thereafter as can be heard, in
the Council Chambers of City Hall, 11 English Street, Petaluma, California, as the time and
place of hearing protests and objections to said abatement proceedings; and,
WHEREAS, on May 20, 2019, a hearing was held for parcels originally identified as
requiring abatement; and,
WHEREAS, written notice of the July 15, 2019 hearing, substantially in the form
provided by Government Code Section 39566, was mailed to owners of potentially impacted
property not included for the May 20, 2019 hearing and identified on Attachment 3, attached
hereto, at least five days prior to said hearing pursuant to Government Code Section 39567.1,
as specified in Resolution No.2019-034 N.C.S.; and,
WHEREAS, the City Council has held its hearing and considered all objections or
protests to the proposed abatement of nuisance weeds and has considered, 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 nuisances.
NOW, THEREFORE, BE IT RESOLVED that:
1. The'City Council does hereby order the Fire Department of the City of Petaluma,
through a contractor employed by the City, to abate said nuisances by removing said weed
nuisances 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. 2019-034
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 ($209.00) to every parcel
or lot of private or public property that requires abatement by the City; and,
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 the
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.
Attachment 2
Resolution No. 2019-034 N.C.S.
of the City of Petahulla, California
RESOLUTION DECLARING 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 fiueh; (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 el 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. Alt 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 fire a public nuisance, pursuant to Government Code Section 39561,
which the City proposes to lobate; and,
2, That tlic 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 20, 2019 and, if required, again on
ResolationNo. 2019-031 MC.S. Page 1
July 15, 2019, at which time the City Council will hear and consider all objections to
the proposed removal of weeds, rubbish, refuse and dirt; and,
That pursuant to Government Code Section 39567.1, the City Cleric 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
Resolution No, 2019-034 N.C.S. Page 2
Under the power and autho ily conferred upon this Council by the Charter of said City.
)IFFERENCR:
I hereby certify the foregoing Resolution was introduced and adopted by theA)33 ro ed4as to
Council of the City of Petalumn at a Regular meeting on the 181h day of March f rqr:
2019, by the following vote:
--�— City lorney
AIRS:
Mayor Barrett; Pischcr; Hcnly; Kearney; King; Vice Mayor McDonnell; Miller
NOES:
None
ABSENT:
None
ABSTAIN:
ATITST:
Norm
aomku-
Cl(yClork Mayor
Resolution No, 2019-034 N.C.S. Page 2
Attachment 3
aw�AL� City of Petaluma
11 English Street, Petaluma, California 94952
Fire Marshal's Office (707) 778-4389 Fax (707) 206-6036
lgr;6
Re: Parcel. #«APN>>
<tNum>> «Street>>
WEED ABATEnIENT SEASON APPROACHING
As fire season quickly approaches, the potential for fires this summer and fall are of great concern to the
City of Petaluma. Brush and weed abatement to reduce fuel loads is a proactive fire prevention measure
that will stop, slow, or confine the spread of fire; allow time for fire suppression personnel to fespond and
extinguish a threatening fire; and reduce the fire threat from properties that adjoin the city limits. Please
help keep Petaluma fire safe by abating weeds and grasses on your property throughout the entire fire
season. See Abatement details on back page.
NOTICE OF HE,
• On the 18`h day of March 2019, the City Council of Petaluma, California passed Resolution #2019-034,
declaring weeds that constitute a fire hazard in the City of Petaluma and must be abated. A copy of the
resolution can be found here: http://xaral-4.cityofpetaluma.net/ weblink/9/doe/324008/Pagel.as xx , or
by contacting the City Clerk at (707) 778-4360.
• 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 151 day of July, 2019, in the
Council Chambers at City Hall, 11 English Street, Petaluma, California, beginning at 6:45 p.m., or as
soon thereafter as the matter may be heard, when objections will be heard and given due consideration.
If you plan on removing the weeds yourself or by a contractor of your choice, you do not need to attend
this hearing. Only attend the meeting if you object to the Fire Marshal clearing your property if
you fail to do it yourself.
• If the property identified on this notice is not cleared of weeds by July 16, 2019, it will be cleared by a
City contractor, and the cost of removal will be assessed against the property, including a $209.00
administrative fee. Failure to remit fees due will result in a special assessment placed on a secured
property tax roll.
• All parcels must be maintained free of brush/weeds that pose a fire hazard throughout the season — May
through October — or until the first major rains in Fall. Even if your property is abated early, re -growth
shall be abated. If at any time your property is determined to be a hazard, it may be abated by the City
without additional notice.
• For a copy of the Weed Abatement Guidelines, please visit our website at
http:/hvww.ciiyofpetaltima.nettfuedept/prevention.htmi or contact the Fire Prevention Bureau.
• NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at
(707) 778-4389 or ftremarshal(acityofpetalwii i.org at your earliest convenience. Office location: 22
Bassett Street, Petaluma, CA 94952.
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) 778-4360 (voice) or (707) 778-4180 (TDD). 'hanslators, American Sign Language interpreters, and/or
assistive listening devices for individuals «dth hearing disabilities will be available upon request. A minimum of 48 hours is needed to
ensure the availability of translation services. Inconsideration of those with multiple chemical sensitivities or other environmental
illness, it is requested that you refrain from wearing scented products.
«Current Owner))
odba»
«Owner's Address»
«City» «Zip» «Zip 4v
Creating defensible space is an essential part of preparing for fire season
in California. Providing proper defensible space minimizes fire damage
by providing a space and/or fuel break where firefighters can defend
against fire.
It is important to know that inspections are conducted throughout the dry season, and the
property must be maintained in order to remain in compliance. Even if,a property owner
abates their property early in the season, there is potential for re -growth and it must be
abated.
Weeds, grass, vines or other growth that are capable of endangering property shall be cut
down and removed by the owner or occupant of the premises. Vegetation clearance
requirements in the wildland-urban interface areas shall be in accordance with CFC Chapter
49, CFC: Vegetation and Title 19, Division 1§307(b): Clearances.
Here's how to comply with the requirements:
Parcels five (5) acres or less must have all combustible growth cut or removed. Weeds shall
be cut to 4" or less in height.
Larger parcels shall maintain a minimum 30' perimeter of abatement around the property.
Additional fuel breaks may be required on larger properties to divide the property into smaller
areas that would separate large amounts of fuel. The abatement trail should be a minimum
of 30' wide.
A defensible space of 30'-100', depending on grade and other factors, around all structures,
either man-made or natural, in which material is capable of allowing fire to spread
unchecked, must be cleared, treated or modified to slow the rate and intensity of an
approaching fire.
Roadways, driveways and Fire Department access roads shall be cleared of combustible
vegetation equal to the width of the road plus ten feet (10') on both sides.
Property owners who notice the existence of rare, threatened or endangered plants or
wildlife on a noticed property must notify the Department of Fish and Game (or appropriate
agency) at least ten (10) days in advance of undertaking the vegetation clearance. If the
landowner is aware of any State or Federally -listed species on the property, then the U.S.
Fish and Wildlife Service and the Department of Fish and Game should be notified prior to
the abatement. If a State or Federal candidate or listed species is killed, injured or captured,
the landowner shall report this information to the Department of Fish and Game or U.S. Fish
and Wildlife Service, respectfully.
When mowing weeds, it is imperative it be done safely: One small spark from a mower
blade hitting a rock can result in a big fire. All mowing should be done as early in the
morning as possible, while temperatures are low, humidity is high, grasses are still damp
with dew and not on windy days. When mowing always have a water press and pointed
shovel handy. Mow early and often.
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Attachment 4
131
Fire Prevention Bureau, 22 Bassett Street, Petaluma, CA 94952
Telephone: (707) 778-4389/Fax: (707) 206-6036
Eniail.-firen7arshal@cifyofpetaluma.org
DATE: July 8, 2019
TO: Honorable Mayor and Members of the City Council through the City Manager
FROM: Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal
SUBJECT: Weed Abatement Program 2019 - Public Hearing, 07/15/19, 6:45p.m.
Fire Prevention Bureau mailed weed abatement notices to 117 parcel owners who own property
within the City limits. Listed below, alphabetically by Councilmember, is a listing of these
addresses (by parcel number and street address) that have been identified as being within 1000'
of a City Councilmember's property.
D'LYNDA FISCHER
Parcel No. Address
008-331-020 10 Oak Lane
KEVIN MCDONNELL
Parcel No. Address
008-471-033 512 McNear Avenue