HomeMy WebLinkAboutAgenda Bill 3.D 03/15/2004:�.
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CITY OF'PETALUMA, CALIFORNIA
AGENDA WILD M a rch 1 5, 201
,: Agenda. Title Meeting Date:
Resolut'ion Declaring Weeds Growing Upon Parcels of Public and March 15, 2004
Private Property a Public Nuisance
Meeting Time X 3:00 PM
❑ 7:00 PM
Category (check one) X Consent' Calendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department
Direct r:
Contact Person
Phone Number
Fire
Cris s
Michael A. Ginn,
778 =4389
Fir C
Fire Marshal
Cost of Proposal $18,500.00
Account Number 5020 54110
Amount Budgeted $18,500.00
Name! of Fund:
Professional Contractural
Attachments to Agenda Packet item
1. Agenda Summary
2. Resolution Declaring Weeds aNuisance
Summary Statement
The weed abatement program has been. in effect for*over nineteen years. Its purpose is to reduce the fire
threat to structures and property. Previous vegetation fires were stopped or slowed by the weed abatement
program. Property owners are encouraged to have the weeds removed themselves or by a contractor of
their choice. Last year, property owners were notified to remove or clear their properties of flammable
weeds/brush; 79 parcels.required forced abatement by the City.
Recommended City Council Action %Sumested.Motion
Pass Resolution declaring weeds growing, on public and private property a public nuisance and order
abatement.
Reviewed b Finance Director:
Revie �g Attorney:
Approved b City Manager:
/
Date:
.Dat:
e
o . s Date ebruary 6, 2004
Revision. # and Date Revised:
File Code:
#
S:\Weeds \Weeds 04\Agenda Reports\Agenda
Declaring Weeds Nuisance.doc
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CITE' OF PETALUMA, CALIFORNIA
MARCH 1=5;'2004
AGENDA REPORT
FOR
Resolution Declaring Weeds Growing Upon Parcels of Public and Private Property a Public Nuisance
1. EXECUTIVE SUMMARY
The purpose of brush and,weed.abatement is to reduce fuel loads in areas susceptible to
grass/brush fires. The abatement is a proactive fire prevention measure designed to accomplish
several factors:
1. Prevent ignition by reduction or removal'of fuel
2. Slow, stop or confine the spread of afire in the grass/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 (primary on west side of
town)
The finished product typically results in grassy areas that are disked 'under. Disking is the most effective
method for abatement throughout the fire season. Areas of expansive acreage are disked with fire brakes
in strategic locations. Where disking is impractical, mowing or weed eating is permitted.
All grass/brush fires cannot , be totally eradicated, but this type of abatement goes a long way to
accomplish the goals noted above.
2. BACKGROUND
i
For over 19 years, the Fire, Department (Fire Marshal's office) l as developed an aggressive abatement
program. The clearing of `property,, depending on, weather, must be accomplished by mid -May or early
June of 'a given year and maintained through the first major rains of Fall.
In order for the Fire Marshal's office to conduct abatement, activities, the Government Code requires the
Council to °pass resolutions declaring weeds/brush a nuisance and to hold a public hearing for dissension
to this action.
In summary, the program follows this. annual timeline:
®. Council declares weed/brush a.nuisance and orders public hearing to hear objections
® Council holds public, hearing and orders abatement.
m Parcels requiring abatement,;are identified by an inspector.
® Property owners that qualify for grass/brush abatement are sent notices to clear their properties by
May 15 (weather permitting).
• Property owners encouraged to do their own weed abatement.
• Forced abatement takes place only after non- compliance•with the May 1.5 deadline.
• Forced abatement is done by a contractor hired by the city and under the direction of the abatement
in, spector.
• Costs, for the abatement plus an administrative fee (of $100.00 per parcel) are invoiced to the
property owner.
• Failure by the property owner to pay the abatement fees by August l of the calendar year have their
property taxes levied for recovery.
• Council directs unpaid invoices to be levied to property taxes.
• Council releases 10% of fees' held,by city to abatement contractor upon. completion of work.
3. ALTERNATIVES
Other than taking: no action on an -issue such as this, there is no other legally viable alternative.
4. FINANCIAL IMPACTS
The funds budgeted for the contractor to perform annual. abatement duties are $18,500. All of moneys
expended for the. contractor are recovered. In addition, a S 100.00 administrative fee is added,onto the
abatement invoice and is used for recovering the cost of the abatement inspector,, program management,
and secretarial support,
5. CONCLUSION
The brush and weed abatement program reduces fuel loads . in areas susceptible to grassibiush fires. This
program proves to be successful every year and is the best method for reducing brush f re threats to our
community.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESSOR COMPLETION: •
4. Prevent ignition by fuel removal or reduction
2. Slow, stop or.confine the spread of a fire in the grass /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, primary on west side of 'town.
7. RECOMMENDATION
The Council; approve the resolution to declare weeds/brush a public-nuisance. Then on May3, 2004,
proceed With a public hearing and order abatement.
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DECLARING THAT WEEDS GROWING UPON PARCELS: OF PUBLIC
AND PRIVATE PROPERTY, REFERRED TO AND
DESCRIBED IN THIS RESOLUTION, CONSTITUTE AND ARE A
PUBLIC NUISANCE WHICH THE CITY'NEEDS TO ABATE
BE IT RESOLVED that the Council of the City of Tetaluma 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 IT FURTIIEkRESOLVED that °the City Council hereby sets the time for a public
hearing at 3:00 p.m.,, or as soon thereafter as can be heard, on May 3, June 21, and July
19, 2004, as the time when 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 fle in the Office of the City Clerk. Said
notice shall be substantially in the form provided by Government Code Section 39566.