HomeMy WebLinkAboutStaff Report 3.B 03/02/2020Agenda Item #3.B
DATE: March 2, 2020
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TO: Honorable Mayor and Members of the City Council through City Manager' ----
FROM: Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal
SUBJECT: 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
RECOMMENDATION
It is recommended that the City Council adopt the attached 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.
BACKGROUND
For over 34 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.
For the 2020 season the Code Enforcement Division is coordinating with the Fire Prevention
Bureau to standardize weed abatement programs and procedures for vacant and developed lots.
For over a decade the Fire Prevention Bureau has been responsible for weed abatement on vacant
lots, and Code Enforcement for developed lots. Code Enforcement has followed a different
program and procedures for weed abatement. To provide for a more efficient model to ensure our
residents safety in a timely manner, the Code Enforcement Division will now follow the weed
abatement program as outlined in California Government Code 39560 et seq.
In order for the Fire Prevention Bureau and Code Enforcement Division to conduct weed
abatement activities, Government Code Section 39560 et seq. requires the City Council to pass a
resolution declaring weeds/brush a nuisance and to hold a public hearing for objections to this
action.
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 st (or otherwise imposed
deadline), weather permitting.
Property owners are encouraged to do their own weed abatement.
Parcels still requiring abatement are identified by an inspector.
Forced abatement takes place only after non-compliance with the May 31st (or otherwise
imposed) deadline.
Forced abatement is done by a contractor hired by the City and under the direction of the
abatement inspector.
Cost of the abatement, including the administrative cost, of $217 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 results in grassy areas that are mowed or 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.
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After expressed concerns from the Council regarding environmental effects from the disking
method, research was conducted to detennine 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. In 2019 the
contractor was provided direction to utilize other methods wherever feasible. The 2020
contractor will be provided the same direction. This may mean portions of lots are mowed, and
portions are disked due to the terrain.
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.
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 and affects the cost recovery percentage.
The administrative fee for the 2020 weed abatement program is $217 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.
ALTERNATES
The alternative to the program would be not enacting the program and relying on property
owners to complete the work without direction or enforcement options. The weed abatement
program is a proactive fire prevention measure designed to reduce fuel loads in areas susceptible
to grass or brush fires. If property owners chose not to abate their lots, the City would have an
increased fire risk.
ATTACHMENTS
1. Resolution.
Attachment 1
RESOLUTION DECLARING WEEDS, REFERRED TO AND
DESCRIBED IN THIS RESOLUTION, GROWING UPON PARCELS
OF PUBLIC AND PRIVATE PROPERTYCONSTITUTE 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
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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 April 20, 2020 and, if required, again on July
20, 2020, 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.
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