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HomeMy WebLinkAboutAgenda Bill 3.D 03/15/2004:�. r y, O 0 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 i J ��� 1 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. S:\ \Weeds \Weeds 04\Agenda. Reports \Agenda Declaring Weeds Nuisance.doe t r 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.