HomeMy WebLinkAboutAgenda Bill 6.A 05/03/2004W
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CITY OF PETALUMA, CALIFORNIA
AGENDA, BILL
Agendalitle:
Meeting Date:.
Discussion and nd Possible Action. OrdeTin2 Abatement of Nuisance
May 3, 2004
Consisting of WeedsGro,wing, on Public/Private Property in the City
of Petaluma and Ordering the Fire, Chief to :Remove said weeds by
Meeting Time; ❑ 3:00 PM
contract or his own forces..,
X 7:00 PM
Category (check one): E Consent'Calendar XPtiblic Hearing ❑ New Business
F Unfinished Business ❑ Presentation
Departmen
Director:,
Contact Person:
Phone Number:
Fire
S ",
Michae A Gi
778-4389
it
Fire Mrs�ai
Cost of Proposal: $17
Account Number:
Amount Budgeted: $1,7
Name of Fund:
Attachments to Agenda Packet Item:
1. Agenda Report
I Copy of Resolution 2004-035 ("Declaring Weeds i a Public Nuisance")
3. Copy of 'letter sent to property owners
Summary Statement:
On 3/15/04 the Council.. approved a Resolution declaring weeds , growing on;public and private property a
nuisance and requiring a. Public Hearing to -be held on May 3, 200_ 4. to hear objections to said Declaration.
As in years7past, it i , s riot anticipated that anyone will object, to the weed declaration.
Recommended, Cit ' C ouncil Action/Sugg0ted Motion:
Pass Resolution ordering abatement of weeds and authorizing the Fire Department to abate weeds that
constitute a hazar'dif the property owner fails to do so..
Reviewed. by Finance Director,:
ReviewedJ1y_Gt* Attorney:
at
Approved. by Cit. Manager:
Date:
� D te
To Way's Date: &L 2004
Revision 4' and DateARe v ised:
File Code:
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S:\\Weeds 04\Agenda Reports\Ordering
Abatement.doc
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CITY OF PETALUMA, CALIFORNIA
MAY 3, 2004
AGENDA REPORT
FOR
Discussion and Possible Action Ordering Abatement of Nuisance Consisting of Weeds Growing on
Public/Private Property in the City of Petaluma and Ordering. the Are Chief to Remove said weeds by
contract or his own forces.
1. EXECUTIVE SUMMARY
On 3/15/04, the Council approved a Resolution "Declaring Weeds Growing on Public/Private Property a
Hazard ". Both the resolution and'Government Code, require the Council to hold a "Public Hearing" to
hear any objections to the declaration. After the "Public Hearing'% the Council approves a resolution
"Ordering Abatement of Nuisances Consisting of Weeds Growing Upon Public and Private Property in
the City of Petaluma and Ordering the Fire Chief to Remove Said Weeds, by Contract or by his Own
Forces ".
2. BACKGROUND
For over 19 years the Fire Department (Fire Marshal's Office) has developed an aggressive abatement
program. The clearing of property, depending on weather, must be accomplished by June of a given year
is and maintained through the first major rains of fall.
In order for the Fire Mars_ hat's office to conduct abatement activities, the Government Code requires the
City to adopt resolutions declaring weeds/brush a nuisance and to hold a public hearing for dissension to
this action. This is accomplished to assure due process for property owners. Very few, if any,
complaints or concerns are raised by the public regarding the program.
Summary of Events:
• Council declares weed/brush a nuisance and orders public hearing to hear objections.
• Council holds public hearing and orders abatement.
• Parcels requiring abatement are identified by an inspector.
• Property owners that qualify for grass/brush abatement are sent notices to clear their properties by
June.
• Property owners are highly encouraged to do their own weed abatement.
• Forced abatement takes place only after non - compliance with the abatement deadline.
• Forced abatement is done by a contractor hired by the City and under the direction of the abatement
inspector.
• Direct costs for the abatement plus a $100.00 administrative fee are invoiced to the property owner.
• Property owners that fail to pay the abatement fees by August 1 of each 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.
Throughout the weed abatement season, the Fire Marshal's Office is notified about parcels requiring
abatement but not listed in this public hearing. If after an inspection it is deemed a fire hazard, these
property owners must be given the same right to due process and given an opportunity to be heard by
Council. Therefore, two additional other Public Hearing dates have been set for 6/21/04 and 7/19/04 to
permit any objections to be heard by council prior to forced abatement.- •
3. ALTERNATIVES
Other than taking no action, there is no other legally efficient viable alternative.
4. FINANCIAL IMPACTS
This program is one of the cost recovery items identified in the cost allocation plan and cost of services
study (Reference # S- 04900, Page A -13.8) by Mr. Rick Kermer of Revenue & Loss Specialists, LLC.
Based on calculations of the study, a $100.00 administration fee should be charged to both public and
private property owners in a effort to capture actual costs of the program.
This is a,100% cost recovery program. All direct costs and administration fees will be recovered by
payment of an invoice and/or property tax collection as authorized by the government code.
5. CONCLUSION
The Government Code requires the Council to hear objections from property owners and, then order
abatement. This public hearing and subsequent resolution meets the intent of law which allows the Fire
Marshal's Office and the City's contractor to enter on private property and force the abatement of any
fire hazard, if property owner's fail to do it themselves.
6. OUTCOMES ORYERFORMANCE MEASUREMENTS THAT WILL.IDENTIFY'SUCCESS OR COMPLETION:
N/A
7. RECOMMENDATION •
The, Council adopt the resolution ordering the Fire Department to clear all weeds/brush that. constitute a
nuisance /fire hazard.
The Fire Marshal's Office will begin to check parcels for potential hazards. Property owners will be
notified to begin abatement. Forced abatement will begin between May 15 to June 1, 2004, depending
on weather conditions.
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RESOLUTION ORDERING ABATEMENT OF NUISANCES
CONSISTING OF WEEDS GROWING UPON PUBLIC AND PRIVATE PROPERTY
IN THE CITY OF PETALUMA AND ORDERING THE FIRE CHIEF TO REMOVE
SAID WEEDS, BY CONTRACT OR BY HIS OWN FORCES
WHEREAS, on the 15th day of March 2004, the Council` of the City of Petaluma adopted
Resolution No. 2004 -035 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
3 rd day of May 2004, at the hour of 7:00 p.m., or as soon thereafter as can be heard, in the
Council Chambers of the City Hall, 11 English Street Petaluma, California, as the time and place
of hearing protests and obj ectons, to said abatement proceedings; and,
WHEREAS, written notice of the May 3, 2004 hearing, substantially in the form provided by
Government Code Section 39566, was mailed to all owners of potentially impacted property at
least five days prior to said hearing pursuant to Government Code Section .39567.1, as specified
i s
in Resolution No. 2004 -035 N.C.S.;:and,
WHEREAS, the City Council has held its hearing and considered all objections or protests to the
proposed removal of weeds and has 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
removal of said weeds;
NOW THEREFORE, BE IT RESOLVED that the City Council does hereby order the Fire
Department of the City, through a contractor employed by this Council or its own forces, to abate
said nuisances by removing said weeds 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. 2004 -035 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.
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NOW THEREFORE, BE IT RESOLVED that to recover administrative costs for managing
the abatement program, the City Council authorizes the Fire Marshal to assess a $100.00
administrative fee to every parcel or lot of private or public property that requires abatement by
the City.
BE IT' FURTHER RESOLVED that said 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 this Council for .confirmation, an itemized written report ;showing such cost
as required by Section 39547 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.
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Resohz No. 2004 -035 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 RESOLUTI :ON, CONSTITUTE AND ARE A
PUBLIC NUISANCE WHICH'THE CITY NEEDS TO ABATE
WHEREAS, the Council of the City of Petaluma 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,
WHEREAS, 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.
NOW,.THEREFORE, BE IT 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 Office of the City Cleric. Said notice
__shall be substantially in the form provided-by Government Code Section 39566.
Under the power and authority conferred upon this Council by th 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) (Adjourned) (Special) meeting
on the .........j.$.`�........... day of ....... MgFG. h ..... .............................. 20 04., by the
following vote:;.
City Attorney
AYES: Mayor Glass, Harris, Vice Mayor Moynihan, Thompson, Torliatt
�OES: None
ABSENT: Healy, O'Brien
ATTEST: ............... ..... »................ ..............................
City Clerk
Council File .... ...............................
Res. No. ...... 204 -03. .
............. ` .... ......... ... . .................
Mayor
David Glass
Mayor
Mike Harris
Mike Healy
Bryant Moynihan
Mike O'Brien.
E. Clark Thompson
Pamela Torliatt
Councilmemhers
CITE' OF PETALUMA
POST OFFICE BOX 61
PETALUMA, CA 94953 -0061
NOTICE TO DESTROY WEEDS
Parcel Number: <<APN»
Parcel Address: <<NUMBER>> <<STREET>>
Notice is hereby given that on 3 rd day of May, 2004, the City Council of the City of
Petaluma adopted Resolution No. 2004 -XXX NCS, declaring-that all weeds growing upon
the streets, sidewalks, or private property in the City constitute a public nuisance and
declared to be a fire hazard and must be. abated.
Resolution No. 2004 -xxx NCS expressly found that such public nuisances are being
maintained upon or in front of the above referenced parcel(s). A copy of said resolution is on
file in the office of the City Clerk (707) 778 -4360.
YOU ARE.HEREBY DIRECTED TO ABATE THE PROPERTY
REFERENCED ABOVE BY DESTROYING ALL WEEDS AND' BRUSH BY
MAY 14, 2004.
If your property has recently been cleared of weeds /brush,
please disregard this notice.
Property owners are encouraged to remove all weeds and brush by themselves or other persons as
designated by them. Disking is the preferred method. The City of Petaluma is not in the business of
brush and weed abatement. A list of private contractors is available for reference.
All parcels must be maintained free of brush/weeds that constitute a fire hazard throughout the
summer — May to October — or until the first major rains fall.
If the property identified on this notice is NOT CLEARED by May 14` , the property will be
cleared and the nuisance abated by a City contractor and the cost of removal assessed against the
property. If the City contractor clears the property, you will be liable for the contractor's fees, plus
an administrative fee of $100.00 per parcel. Failure to remit fees due will result in same amounts
levied and assessed against the property as a special assessment and placed on a secured property tax
roll. 'A copy of said resolution is on file in the office of the City Clerk.
IF YOU ARE NO LONGER THE OWNER OF THIS PROPERTY,
PLEASE INFORM THIS OFFICE IN WRITING IMMEDIAT
Fire Department
198 "D "Street
Petaluma, CA 94952
Phone (707).778-4390
Fax (707) 762 -4547
Fire Prevention Bureau
11 English Street
Petaluma, CA 94952
Phone (707) 778 -4389
Fax (707) 776 -3642
Additional information regarding this notice may be obtained by calling the City of
Petaluma:Fire Marshal's office at (707) 778 - 4385, Ext. 2# or (707) 778 -4389 or email
firemarshalL7ci.petaluma.ca.us .
BY ORDER OF THE FIRE MARSHAL
«CURRENT_O WNER>>
«ADDRESS»
«CITY STATE» <<ZIP »