HomeMy WebLinkAboutResolution 2022-066 N.C.S. 04/18/2022DocuSign Envelope ID: C3CBC05F-3007-4B93-A7D5-DED20741222C
Resolution No. 202M66 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 18th 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
aIteration 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 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
aIteration of the condition of land and/or vegetation and there are no cumulative impacts,
Resolution No. 2022-066 N.C.S.
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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
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 adopted by Approved as to
the Council of the City of Petaluma at a Regular meeting on the 18th day form:
of April 2022, by the following vote: FoiuSlgned by:
tic
5j1#3/3048D...
AYES: Barrett, Barnacle, Fischer, Healy, McDonnell, Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: King
DocuSfgned by:
FF85E7448E094E6...
Interim City Clerk
Mayor
Resolution No. 2022-066 N.C.S.
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EXHIBIT A
DAVE KING
APN I Address
008-232-058 121 BRANCHING WAY
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