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HomeMy WebLinkAboutResolution 2007-085D N.C.S. 05/21/2007 Resolution No. 2007-085D N:C.S. of the City of Petaluma, California 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 ABATE SAID WEEDS BY CONTRACT IF PROPERTY OWNERS FAIL TO DO SO WHEREAS, on the 19t" day of March 2007, the Council of the City of Petaluma adopted Resolution No. 2007-044 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 21St day of May 2007, at the hour of 3:00 p.m., or as soon thereafter as can be heard, in the Council Chambers of the City Ha11, 11 English Street, Petaluma, California, as the time and place of hearing protests and objections to said abatement proceedings; and, WHEREAS, written notice of the May 21, 2007 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. 2007-044 N.C.S.; and, WHEREAS, the City Council has held its hearing and considered all objections or protests to the proposed abatement of weed nuisance 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 abatement of said weed nuisance. 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, to abate said nuisances by removing said weed nuisance 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 as shown in Exhibit A, attached, and referred to and described in said Resolution No. 2007-044 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. Resolution No. 2007-085D N.C.S. Page I BE IT FURTHER 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 39574 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. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ed s to Council of the City of Petaluma at a Regular meeting on the 21 S' day of May, 2007, rrri by the following vote: City orney AYES: Barrett, Harris, Vice Mayor Nau, O'Brien, Mayor Torliatt NOES: None ABSENT: Freitas ABSTAIN: Rabbitt ATTEST: _ - City Clerk Mayor Resolution No. 2007-085D N.C.S. Page 2 EXHIBI'T' A to Resolution No. 2007-0851) N.C.S. 019-140-053 ~ 10 Morning Sun Drive 019-130-001 316 Twelfth Street Resolution No. 2007-085D N.C.S. Page 3