HomeMy WebLinkAboutResolution 2021-067 N.C.S. 5/03/2021 Resolution No. 2021-067 N.C.S. Page 1
Resolution No. 2021-067 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 DEPARTMENT TO ABATE SAID WEEDS BY CONTRACT IF PROPERTY OWNERS
FAIL TO DO SO
WHEREAS, on the 1st day of March 2021, the Council of the City of Petaluma adopted Resolution No. 2021-
026 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 3rd day of May 2021, at the hour of 6:30 p.m.,
or as soon thereafter as can be heard, in the Council Chambers of 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 May 3, 2021 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.2021-26 N.C.S.; and
WHEREAS, the City Council has held its hearing and considered all objections or protests to the proposed
abatement of nuisance weeds and has considered, 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 nuisances; and
WHEREAS, this action was already analyzed under the California Environmental Quality Act (CEQA) at
the March 1, 2021 hearing and found the action exempt under CEQA Guideline section 15304, “Class 4” – Minor
Alterations to Land, because the project involves the minor alteration of the condition of land and/or vegetation
and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption
inapplicable pursuant to CEQA Guidelines section 15300.2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby:
1. Declares the above recitals are true and correct and are incorporated into this resolution as findings of the
City Council.
2. Finds that this action was already analyzed under the California Environmental Quality Act (CEQA) at
the March 1, 2021 hearing and found the action exempt under CEQA Guideline section 15304, “Class 4” – Minor
Alterations to Land, because the project involves the minor alteration of the condition of land and/or vegetation
and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption
inapplicable pursuant to CEQA Guidelines section 15300.2.
3. Authorizes the Fire Department of the City of Petaluma, through a contractor employed by the City, to
abate said nuisances by removing said weed nuisances 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 in Exhibit A to this Resolution. 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; and
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Resolution No. 2021-067 N.C.S. Page 2
4. Authorizes the Fire Marshal to assess an administrative fee ($220.00) to every parcel or lot of private or
public property that requires abatement by the City to recover administrative costs for managing the abatement
program; and
5. Orders the Fire Department to 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 City 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
Council of the City of Petaluma at a Regular meeting on the 3rd day of May 2021,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Mayor Barrett
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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EXHIBIT A
Resolution No. 2021-067 N.C.S. Page 3
APN NUM STREET
006163055 368 PETALUMA BLVD N
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