HomeMy WebLinkAboutResolution 2022-059 N.C.S. 04/18/2022
Resolution No. 2022-059 N.C.S.
Resolution No. 2022-059 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, by
teleconference via Zoom as the time and place of hearing protests and objections to said
abatement proceedings; and,
WHEREAS, written notice of the April 18th, 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 4th, 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
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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 herby:
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 4th, 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.
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 and described in said Resolution No. 2022-46 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; 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; 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 the 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.
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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 18th day
of April 2022, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Barrett, Barnacle, Fischer, Healy, King, McDonnell, Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
______________________________________________
Interim City Clerk
______________________________________________
Mayor
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Exhibit A
List of Properties
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