HomeMy WebLinkAboutResolution 2022-065 N.C.S. 04/18/2022DocuSign Envelope ID: C3CBC05F-3007-4B93-A7D5-DED20741222C
Resolution No. 2022�uo ) 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 4th day of April 2022, the Council of the City of Petaluma adopted
Resolution No. 2022-046 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
181h day of April 2022, 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 April 18, 2022 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. 2022-046 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 April 4, 2022 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
15300920
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
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 April 4, 2022 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.
Resolution No. 2022-065 N.C.S.
DocuSign Envelope ID: C3CBC05F-3007-4B93-A7D5-DED20741222C
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
4. Authorizes the Fire Marshal to assess an administrative fee ($228.00) 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 Approved as to
adopted by the Council of the City of Petaluma at a Regular form:
DocuSlgned by:
meeting on the 18d' day of April 2022, by the following vote:
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AYES: Barrett, Barnacle, Fischer, Healy, King, McDonnell
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Pocekay
DocuSigned by:
ATTEST: �1 V�
FF85E744BE094E8... A/W
Interim City Clerk
Mayor
Resolution No. 2022-065 N.C.S.
Page 2
DocuSign Envelope ID: C3CBC05F-3007-4B93-A7D5-DED20741222C
EXHIBIT A
DENNIS POCEKAY
APN
Address
008-490-025
0 WINDSOR DR
008-570-015
59 WINDSOR LN
008-570-014
55 WINDSOR LN
008-570-010
39 WINDSOR LN
008-570-007
27 WINDSOR LN
008-570-006
23 WINDSOR LN
019-120-041
1860 D EXT ST
008-570-072
0 WINDSOR DR
008-570-048
57 OXFORD CT
008-570-047
53 OXFORD CT
019-120-039
0 OXFORD CT
008-570-057
28 OXFORD CT
Resolution No. 2022-065 N.C.S. Page 3