HomeMy WebLinkAboutResolutions 2011-114 N.C.S. 07/18/2011 Resolution No. 2011 -114 N.C.S.
of the City of Petaluma, California
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 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 18 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 and objections to said abatement proceedings; and,
WHEREAS, on May 16, 2011, 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 May 16, 2011 hearing 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 City Council has now acquired jurisdiction to proceed
and perform the work of abatement of said weed nuisances;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council does hereby order the Fire Department of the City, through a
contractor employed by this City, to abate said nuisances by removing said weed
Resolution No. 2011 -114 N.C.S. Page 1
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. 2011 -042 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,
2. To recover administrative costs for managing the abatement program, the City
Council authorizes the Fire Marshal to assess an administrative fee ($172.00) to
every parcel or lot of private or public property that requires abatement by the
City; and,
3. The Fire Department shall 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 this 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 'Is p . ed as to
Council of the City of Petaluma at a Regular meeting on the 18` day of July, 2011, orm:
by the following vote:
Cit • Attorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Kearney, Renee
NOES: None
ABSENT: Vice Mayor Healy
ABSTAIN: None
ATTEST: i � ► ��
City Cle ayor
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