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HomeMy WebLinkAboutResolution 2023-052 N.C.S. 04/17/2023 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 Resolution No. 2023-052 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 3rd day of April 2023,the Council of the City of Petaluma adopted Resolution No. 2023- 42 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 17th day of April 2023, 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 17,2023 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. 2023-42 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 3, 2023 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. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows: 1. Declares that 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 3, 2023 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 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, Resolution No. 2023-052 N.C.S. Page 1 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27 4. Authorizes the Fire Marshal to assess an administrative fee($240.00)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. 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 Approved as to Council of the City of Petaluma at a Regular meeting on the 17'day of April 2023, F77 ned�m: by the following vote: 5EFWAg�F3Q4t8dfney AYES: Barnacle,Vice Mayor Cader Thompson,Healy,Nau,Pocekay,Shribbs 1 A[ NOES: None ABSENT: None ABSTAIN: None RECUSED: Mayor McDonnell DocuSigned by: DocuSigned by: ATTEST: L 1 "Vu lk, 06l�,I�,c,(,(, 4492 City er89 Mayor Resolution No. 2023-052 N.C.S. Page 2 DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27 KEVIN MCDONNELL (Primary & Secondary Addresses) EXHIBIT A Parcel No. Site Address 006051080 0 CEDAR GROVE PARK 006051066 0 CEDAR GROVE PARK 007042016 6 VALLEJO ST 007019023 2 RIO VISTA WAY 008432057 745 MOUNTAIN VIEW AVE 007042017 10 VALLEJO ST 008471007 825 MIDDLEFIELD DR 006051068 0 CEDAR GROVE PARK 007019024 6 RIO VISTA WAY 006051079 0 CEDAR GROVE PARK 006051065 0 CEDAR GROVE PARK 007019032 5 VALLEJO ST Resolution No. 2023-052 N.C.S. 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