HomeMy WebLinkAboutAgenda 4.B 06/21/20044
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
ikienda Title:
meeting Date:
Discussion and Possible: Action Orderin g Abatement of Nuisance
June 2-1, 2004
CConsisting of Weeds Growing on Public /Private Property in.-the City
of Petaluma and Ordering the ,Fire Chief to Remove said weeds by
Nh4ting'Time: X 3:00 PM
contract or his own forces'.
Category (check one): ; T CongenfCAlendar 'X.Public Heafinj• ❑ New Business
❑ Unfinished Business F Presentation
Department:
Director-!,
Contact Person'
P
Number:
F ire
b6
Michael A Ginn-,
119-4380
ire
- Fire Marshal.
C $17
Xe Num b er:
Amount Budgeted:
Name of Fund:
Attachments to Agenda Packet 'Itemi
Copy of Resolution 2004 -03 ( "Declaring Weeds a Public Nuisance")
Summary Statement:
On 5/3104 the Council held a hearing to consider obj ections to the 3 /15/04 Declaration wherein the Council
"Declared Weeds a Nuisance." Throughout the weed abatement season, the Fire Marshal's Office receives
complaints for properties requiring. abatement, but not originally listed. and - noticed for the 5/3/04 Public
Hearing. These property owners; ers; must be given the same right to due-process and given an opportunity to
be heard by Council. It is not anticipated that any property ownem will attend the meeting to obj ect to this
matter.
. Recommended City, C ouncil, Action /Suggested Motion:
Pass Resolution ordering abatement of Weeds And, authorizing the - Fire De' artment to abate weeds that
p
constitute a hazard if the property owner�fdils'to do so.
Reviewed. bv Finance Director:
Review,6 } - �nev:
Approved by Cit v Manage
Qatq::
_
Date:
Tod d Date: May 29, 2004
Revision # and Date Revised
— File Code:
SAWeeds 04\Aaenda Reports\Agenda Report Ordering
2004r2nd.doc
I
LUTION ORDERING RING ABATEMENT OF NUISANCES
WEEDS GROWING UPON PUBLIC AND PRIVATE PROPERTY
IN THE CITY OF
CONSISTING OF .; PE,TALUlVIA ,AND ORIIERING TIDE 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
21 day of June 2004, at the hour of 7:00" p.m-., m., or as soon thereafter as can be heard, in the
Council Chambers 'of the City Half," 11 English Street, Petaluma, California, as the time and
place of hearing protests and ob to said abatement proceedings; and,
WHEREAS, written notice of the June 21, 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
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.
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 PURTI ER RESOLVED that'. said Fire Department shall keep an account of the cost of
this abatement of said nuisances on public and private property viliere the work, is done, and
thereafter subri it to this Council for confirmation, an ,itemized written report showing such cost be
as required by Section 39547 of the , Government Code, and thereafter such proceedings shall be
had - for spe,eial- assess in ents- againstrthe respective creels of land topay for the co st o said w0r
in the manner provided by Chapter 13, Part2, Division 3, of Title 4 of the Government-;Code.
S! \\Weeds MAgenda Reporis\Agenda Report- Ordering 2004= 2nd.doc
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