HomeMy WebLinkAboutAgenda Bill 4.A 07/14/2003*I,
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CITY OF PETALUMA CALIFORNIA
AGENDA BILL
Agenda Title
Meeting Date:
Discussion and Possible Action Ordering Abatement of Nuisance
July 14, 2003
Consisting of Weeds Growing.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.
XX 7:00 PM
Category (check one) ❑ Consent Calendar X Public Hearing ❑ New Business
❑ Unfinished Business ❑'Presentation
� � n
Department
D ecto
C ontact Person
Phone Number
C s Al ert 'o
as A. Ginn,
�7 '- 143
Fire
e
Cost of Proposal
Account Number
2215 -6104
Amount Budgeted
Name of Fund:
$17,500.00
Attachments to Agenda Packet Item
Resolution
Summary Statement
On 5/5/03 and 6/16/03, the Council held a hearing to consider objections to the 4/7/03 Declaration wherein
the Council "Declared Weeds a Nuisance." Throughout the weed abatement season, the Fire Marshal's
Office will receive complaints for properties requiring abatement, but not originally listed and noticed for
the 5/5/03 and 6/16/03 Public Hearings: These property owners must be given the same right to due process
and given an opportunity to be heard by Council. A final Public Hearing has been slated for 7/14/03 for
complaints received between this Hearing and the close of the Weed Abatement season.
Recommended City Council Action /Suggested Motion
Pass Resolution Declaring weeds growing on public and private property a'nuisance and authorize the Fire
Department to abate weeds that constitute a hazard, if the property owner fails to do so.
Reviewed by Finance:Director:
Rev' d-by—City Attorney
ate
Approved Approved City Mana er :
Date:
Today's late
Revision # and Date Revised:
File Code:
#
s \weeds03 \agenda reports\Agenda
Report.Ordering 2003 — 3rd
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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 7th day of April 2003, the Council of the City of Petaluma adopted
Resolution No. 2003 -060 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
16th day of June 2003, 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 objections to said abatement proceedings; and,
WHEREAS, written notice of the July 14, 2003 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. 2003 -060 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. 2003-060 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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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 39547 of the jGovernrnent Code, and thereafter such proceedings shall
be had .for special :assessments against the respective; parcels of land to pay - for tht 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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