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CITY OF PETALUMA, CALIFORNIA
AGENDA BILL APR m Z00� e
' Agenda Title
Meeting Date:
Resolution Declaring Weeds Growing Upon Parcels of Public and
April 7;2003
Private Property a Public Nuisance
-
Meetin2 Time 3:00 PM
7:00 PM
Category (check one) Consent Calendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business P e at' n
Department
AV
Contact Person
Phone Number
Fire
so
Michael A. Ginry,
778 -4389
Fire Chief
Fire Marshal
Cost of Proposal $17,500.00
Account Number 2215 -6104
Amount Budgeted $17,500.00
Name of Fund:
Attachments to Agenda Packet Item
1. Agenda Summary
2. Resolution Declaring Weeds a Nuisance
3. Copy of Public Notice
Summary Statement
The weed abatement program has been in effect for over eighteen years. Its purpose is to reduce the fire
threat to structures and property. Previous vegetation fires were istopped or slowed by the weed abatement
program. Property owners were 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
weedsibrush; 65 parcels required forced abatement by the City.
Recommended City Council Action /Suggested Motion
Pass Resolution declaring weeds growing on public and private property a public nuisance and order
abatement.
Reviewed by Finance Director:
Reviewed ttorne :
Approved Man
ate:
ID
Date:
j
k"_'L
oday's Date ,April t 2003
Revision # and Date.Revised:
File Code:
#
H: \weeds \weeds03\Agenda Reports\Agenda Declaring
2003 cm 2/24/03
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CITY OF PETALUMA, CALIFORNIA
APRIL 7, 2003
(Date of Meeting)
AGENDA REPORT
FOR
laring weeds UrowinP Upon Parcels of
(Name of Project— Use Same Language as Found for the
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EXECUTIVE SUMMARY
Private Property:a Public Nuisance
. Title on the Agenda Bill)
The purpose of brush and weed abatement is to'reduce fuel loads in areas susceptible to
grass/brush fires. The abatement program 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 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)
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
For over 18 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 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 weedibrush 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
May 15 th . ( Weather permitting)
• Property owners are highly encouraged to do their own weed abatement.
® • Forced abatement takes place only after non - compliance with the May 15 deadline.
• Forced abatement is done by a contractor hired by the city and under the direction of the abatement
inspector.
• 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 1 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 thantaking no action on an issue such as this, there is no other legally viable alternative.
4. FINANCIALIMPACTS
The funds budgeted for the contractor "to perform annual abatement duties are S17,500. All of moneys.
expended for the contractor are recovered. In addition, a $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 grass/brush fires. This
program proves to be successful every year and is the best method for reducing brush fire threats to our
community.
OUTCOMES OR PERFORMANCE MEASUREMENTS'THAT WILL IDENTIFY SUCCESS
SS OR COMPLETION:
1.. 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 pers and onnel to respond and extinguish guish 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 May 5, 2002,
proceed with'a public hearing and order abatement.
h: \weeds \weeds03\Agenda Reports\Ageada Declaring 2003 em 2/24/03
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2 DECLARING THAT WEEDS GROWING UPON PARCELS OF PUBLIC
3 AND PRIVATE PROPERTY, REFERRED TO AND
4 DESCRIBED IN'THIS RESOLUTION, CONSTITUTE AND ARE A
5 PUBLIC NUISANCE WHICH THE CITY NEEDS TO ABATE
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7 BE IT RESOLVED that the Council of the City of Petaluma hereby declares that all of
8 the weeds now growing upon the parcels of public and private property within the City of
9 Petaluma referred to and described in the list prepared by the Fire Marshal, pages on file in the
10 office ofthe Fire Marshal, are weeds which bear seeds of winged or downy nature, or attain such
11 a large growth as to become a fire menace when dry, and /or are otherwise noxious and
12 dangerous, and all such weeds growing upon such public and private property are a public.
13 nuisance, pursuant to Government Code Section 39561 which the City proposes to abate; and,
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0 5 BE IT FURTHERED RESOLVED that the City Council hereby sets the time for a
16 public hearing as 7:00 p.m., or as soon thereafter as can be heard, on May 5, 2003, as the time
17 when objections will be heard and given. due consideration; and,
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19 BE IT FURTHERED RESOLVED that pursuant to Government Code Section 39567.1
20 the Fire Marshal shall cause written notice of the proposed abatement to be mailed to all persons
21 owning property described in the list on file in the Office of the City Clerk. Said notice shall be
22 substantially in the form provided by Government Code Section 39566.
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