HomeMy WebLinkAboutStaff Report 07/18/2011 4.AAg- endc+lItevw #4.A
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. Anderson, Fire Chief
Cary D. Fergus, Fire Marshal
SUBJECT: Discussion and Possible Action 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
RECOMMENDATION
It is recommended that the,,City Council adopt the attached ` 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.
BACKGROUND:
On March 21 2011 the City. p 2011-042 N C.S. which declared
P. par
p p property ublic nuisance that weeds growing upon • Council approved eso ution.: � e a .
o
e requiring
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abatement and set the dates of Ma f "16, 2011 and, if necessary, July 18, 2011 as Public I Tearing
• . : p., -
dates. On May 16, 2011, a'Public Hearing was held to' hear. any objections by owners on the
original 632 parcel weed abatement list (496• private parcel owners and 136 City -owned sites).
There were no objections. -
The Fire MarshaPs office began. inspections of properties on the original list on June 21, 2011.
Wet weather delayed the start of inspections which was originally calendared for June 1, 2011.
As the Weed season has progressed, additional parcels /owners not listed' on the l6fi ginal"
abatement: notification list ;have been identified (typically through complaints)'as those which
may require abatement.". An inspection of Ihe additional, sites has taken place and since.these
parcels have been deemed `to''contain a weed= related fire hazard, the property owner(s) must be
given the, right to' due process and agiven an opportunity to be heard by Council. These newly -
identified-eparcels /owners have been made; aware by letter that they have a right to a Public
forced_ abatement will take place and they will be assessed he direct costs for t aba otherwise
Hearing and will have until Jul 19 2011 to clear their 'properties of nuisance weeds,,
he abatement, plus
an administrative fee ,of $172.
Agenda Review:
City Attorney Finance Director City Manager -
Please note that none of the parcels noticed for ;this hearing are within 500' of any Council Members'
property.
DISCUSSION
The Government Code requires City Council to provide a venue for property owners to voice
their objections regarding the City's weed abatement program and.the means by which properties
are abated. This Public Hearing, and,subsequent resolution, meets the intent of the law which
allows the Fire Department and. its contractor to enter private property and force abatement of
weed- related fire hazards, if property owners fail to abate. Property owners are highly
encouraged to handle their own weed abatement and forced abatement.only takes place after
non - compliance with the stated abatement deadline which, in this case, is July 19, 2011.
Upon Council confirmation, property owners that fail to pay the abatement fees by mid- August
of each calendar year will have special assessments and liens placed against their property in the
amount of the City's cost of abatement:
FINANCIAL IMPACTS
The weed abatement program is a,100% cost recovery program. Direct costs of abatement are
charged based on actual costs to clear the parcels. A per - parcel administrative_ fee is "added to
each private and LAD /public parcel to cover the cost of the weed abaienient'irispector,'program
management and secretarial. support. The administrative fee for the 2011 weed abatemerif season
is $172 per parcel; and is based'on the City's actual and reasonable costs 'of administering the
program. The fee 'is approved by_City Council Resolution and is identified in the City's adopted
schedule of fees for services. All direct and administrative costs are recovered through payment
by the individual property'owner(s) and/or collection of special assessments against specific
parcels by the County Assessor in connection with property tax payments.
All work performed (such as disking, mowing, blading, or hand work) .will be charged at one. .
hour minimums. 'Additional workover one hour will be prorated on quarter -hour increments at
the same ,hourly base rate. The Contractor will be permitted to, charge a -pulling (or towing) fee
i�not a p 1icable whey onl disk ing or a combination thereof is performed. .This fee
: l g g
pp _ _y handwork was provided. Differences in size and type of terrain and
method of abatement used are all variables for costs incurred. The hourly costs for work
performed are as follows:
Disking $57.50 /hour
Blade; Work; $40.00 /hour
:Tractor Mowing: $57.50 /hour
.MOd Work. $30.00 /hour
Travel. Time /Pulling Fee: $20.00 /hour
In addition, the Contractor agrees to honor any designated. "Spare- the -Air Days" that occur
during the weed abatement season, as designated by the Bay Area Air Quality Management
District ( "BAAQMD "). They agree not •to utilizei.anygas or diesel powered equipment on those
designated days and all scheduled weed abatement cutting will take place around those
designated days, if any.
ATTACHMENTS
1. Resolution;
2. Resolution 2011 -042 N' C.S. ("Declaring Weeds a Public .Nuisance Requiring
Abatement ");
3. Copy of Notice of Public Hearing ,Letter and. List of Newly`:L'ocated Property . Owners (this serves
as the special'notice requirement for this Public Hearing):
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 21st day of March 2011, the Council of 'the City of Petaluma adopted
Resolution No: 2011 -042 NC.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 1 day of July 2011, 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 arid objections to said'abateinent proceedings; and,
WHEREAS, on May' 16,20 1, a hearing was held for parcels originally= identified as requiring
abatement; and,
WHEREAS, written notice of the July 18, 2011 hearing,. substantially in the form provided'by
Government Code. Section 39566; was mailed to owners of potentially impacted property not
included for the Ma 16 2011 hear s
y , ing�and identified on Attachment A, attached hereto, and "
incorporated herein by reference, as'specified in Resolution'No.2011 -042 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 followed or overruled. any or all objections,,as
hereinafter set forth, and. the C ity Council has now acquired jurisdiction to proceed and perform the
work of abatement of said w.eed.nuisances;
'NOW., THEREFORE, BE IT RESOLVED that
1. The City Council does hereby order2the Fire Department:of City, through a
contractor emplgye'd by `this City, to abate said nuisances by removing said :Weed nuisances
b means of , m y disking handwork; or blading using, whichever..means : its deems ,to be
•
pp p g f said - parcels; of public
the most a ro riate after consrdern the location and the terra in o
and private property referred to and described in said Resolution No. 2011 -042 N.C..S:, Said
mowing; disk ln handwork,' and shall be accomplished as =many times as`the•Firej '
Department;may deem - necessary to provide the best possible control• of`weeds •:and
ve costs for managing the abatement program,,the City
2. To recover administrative g' g
Council authorizes the Fire 'Marshal 'to assess an administrative; fee ($1'72:00,) to every parcel
or lot of rwate
or,
' p � publc`propert'y that requires abatement by the City.; 'and.
' 3. The Fire Dep artment shall �,. l an account of the cost of'this.abatement of said
nuisances on pu blic 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 39574 of the Governnient .Code, and thereafter such proceedings
shall be had for
special asse5sm g p ents I the a ainst 'res ; ective of land -to pay, for the' cost of said work, in
p Cc de.
the manner provided b Chapter y
1'3� Part 2, Division. of Title. 4 of Governor
.. Y
,
a..
II �
Resoluton'No,201:'1 -042 N;C.S'':
of the City of Petaluma., California
DECLARING THAT WEEDS GROWING UPON PARCELS
OF,PUBLIC AND D PRIVATE PROPERTY, REFERRED TO AND
ON, CONSTITUTE _ARE'
A PUBLIC UISANCE'REQUIRING,ABATEMENT, AND SETTING
PUBLIC HEARINGS:AT WHICH OBJECTIONS MAY BE.MEARD'
WHEREAS; brush and4eed';abatement reduces fuel loads, in.areas.otPetaluma'known
for being.suscept file to grass Ind brush fires and is regarded as*a;proactive fire!prevention
measure designed,to (1) revent'i p gni or =_removal of fuel;,.(2) slows stops, or
"tion by the reduction
confinesrthe spreadpf a firetin,areas with excessive,grass/brush; (3)' allows`time for -fire
suppression personnel to respon&and extinguish a tlireatening.fire;�and;(4) reduces ihe;fire threat
from properties that adjoin:the"city limits: and
WHEREAS, the'Petaluma Fire:Prevention,Bureau has;developed:an,aggressive brush
and weed;abatement',program'•which °has served to'protect the public:health safety .and welfare of
the citizenry of the City tjf�POaluma by reducing fire dangerand the effeets;of excessive brush,
and wee&fav ifor the past =five years; and
p
WHEREAS, Government Code sections 39560 et�se 9 ;, rovtde a p rocedure'forweei
abatementty municipal entities, pursuant to which the City of adopfa resolution
declarin g certain weeds a�huisance;and'thereby allow theTire Department to with
abatement:
NOW,,TAEREFORE, BE IT RESOLVED ihat the City-Council of the City of
Petaluma hereby declares that all of the -weeds now,growing upon public and;private els
paic.
withimthe;City of Petaluma re#'erred to and described'in the,list pmpamd;by the
pages on file,in;the office of the Fire�Marshal, are:weeds which bear seeds of winged or, dowti
y
nature or attain 'such a large.growth;as•to become afire menace whea',,di.y, and/or are otherwise.
noxtous;and dangerous, and•all';such weeds;growing uponsuch public;and`,private property,are a.,
public'nuisance,,pursuant,to Government Code Section 39561, which ty, p tbAbate;
luch:the Ci ro poses
apd
Resolution ;No: 20U1-042 N;C,S.
Page l
BLITYU.RTHER:!RESOLVED that tthee�City bouti l,herelry sets the time fora public
lteanng�af 7:00. =. or as
p , soomtheieafteras themafter 'canoe heardr4nMay,16, 2011 and,,if
required; again on July:18, 201 i, at which-time
all. objections: heard and given.due
consideration; and,.
BE TT FURTHER;RESOLVED that pursuant to Government Code Section 34567.1,
the•Fiie MarshaFshalltause written notice of the proposed .abateme6t to be: mailedto all - persons,
owning property described in�timlisron fde;in the F ire °Marshal'S:Off)ce. Said notice shall:be
substantisily in the form provided by�Gove*m=t::Code Section 39566.
'Under the powu and authonty conferred upon'ahis'Coun6ii by the Charter of smd 'City:
REFERENCE l hereby eerttfy:thc foregoipg;Rt:sciuti6n,vdi introduced and a, Ved,liy the rc.. 'Approved as to
Y � .day of March,
fo
201 u 1; 6 o tlu foCu of 1'ewluma et a Regular meeting on the 21` ,
Assistant City; Attorney:
Ate; Aromson:,BanM Mayor Gtm Harris; Kearney, Renee
NOES• Norte
ABSENT: Vice;Mayorlieaty
ABSTAIN: None
ATTEST: csyc>
Mayor
P
Resolution'No:•2011' -042 N:C.$:, 2
P (7 } 778.4390 , contact the :City Clerk's 6#ice (707) 77&4360:(voice) or (707) 778-4480 (1DD). Translators; American Sign
Firr (707 '762 4J47 interpreters and/6v assisave listening devices for `ind;viduals With hearing d�sebiiities will ,be?- avatlab{eyupon rogue
minrmurn of 48 hours, is needed;to ensure the,availikRy, of t[artslahon servtoes - Inco nsideration. of, those, with =mattipl
chemioai sensitMties or, other environmentsl'illness it;is requested rcfrarn from, wearrng�scented.prnducts.
.RWPrev4AWoh - - n
Jl,Engllsh 5ireei
Peralrri+ia CA 9495Z ,
(<Current,Ownero
„ .
Phone (!07);778 4389, . «dba»
Fax (707J I776 -3641,
((Owners,- Address)>
„ ` < (City'» «Zip)> «Zip 4» "
D a v id °
°�Re° Parcelf #aAPN
<iN,um» (6treet))
ceris Atbcrtson N
NOTICE, OF •HEARING
Ter a Barrett ,
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Tlrftay H
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Coadtilmembers
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All; ro owners =',hayin an ob'ection to the ro sed " °removab of such weeds. are hereby
p ,
,Perry g
1 ,i n
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g en, p consideration. tTf oti fan on;removin the weeds ourself or'by a
he' d, and iv Y
contractor, of;y oice, you;need not attend this heanng Onlv attendAhe meetint=_ if you
obfect +to
Y bi
•the >Fire Marshal :clearineyou r• property `if ouafail to do it yourself
FINAL DATE FOR'REMOVAL OF WEEDS
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if theiproperty identified +on this noticeSis not cleared of weeds 1Jy July _19.2QU, it will,be
v- assessed against the property, including a
Y tY
$172 0 admCnistrative fee. ure em t fees v
on;asecured'property:tax =roll. -`
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Property owners are.eneduraged to remove•all.weeds and brush,bythemselves or other
persons,designated by them. ,Forlarger'parcels, disking is the preferred,method..A list.of
private contractorsls•available upon,request AlFgarcels i»ust be ina -tained free'of brush /weeds
..
- May 'through October or until the or
that pose a fire;hazard'throuehout the�season_- .first mat
rams m. Fall._ .
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.
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earlyjin the season, there is potential.for.re growth. If at any, time your property. is determined;to
be a hazard,-it may be abated without additional notice. Fora copy of the WeedAbatement
Guideline, please visit at http• / /www 6b46ft>etaluma net/ftredept/Dmyenfion html
contact the `Fire Prevention Bureau.
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F6eDcparmrau n 7
707 778-438 g
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