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HomeMy WebLinkAboutRESOLUTION 2024-038 N.C.S. 04/08/2024 DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A Resolution No. 2024-038 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ORDERING ABATEMENT OF NUISANCES CONSISTING OF HAZARDOUS VEGETATION AND RUBBISH 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 PURSUANT TO CHAPTER 10.70 OF THE PETALUMA MUNICIPAL CODE WHEREAS, on the 22"d day of January 2024, the Council of the City of Petaluma adopted Ordinance No. 2878 N.C.S., adding Petaluma Municipal Code Chapter 10.70 titled Hazardous Vegetation and Rubbish Inspection and Abatement for Wildfire Safety; and WHEREAS,pursuant to Chapter 10.70, the Fire Department affixed the 8 h day of April 2024, at the hour of 6:30 p.m., or as soon thereafter as can be heard, as the time and place of hearing protests and objections to hazardous vegetation and rubbish abatement proceedings; and WHEREAS, written notice of the April 8, 2024, hearing, substantially in the form provided by Chapter 10.70,was published in the official newspaper of the City,with the time and place for a public hearing set for not less than five(5) days following the last publication of the notice; and WHEREAS, written notice of the April 8, 2024, hearing, substantially in the form provided by Chapter 10.70,was mailed to all owners of potentially impacted property at least seven(7)days prior to said hearing; and WHEREAS, the City Council has held its hearing and considered all objections or protests to the proposed abatement of nuisance hazardous vegetation and rubbish 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 hazardous vegetation and rubbish nuisances. 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 is exempt from the California Environmental Quality Act (CEQA) 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. 4. Authorizes the Fire Marshal to assess an administrative fee($250.00)to every parcel or lot of private or public property that requires abatement by the City. Resolution No. 2024-038 N.C.S. Page 1 DocuSign Envelope ID:D3211340-CC43-4F3B-96AB-09416C01687A 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 Chapter 10.70 of the Petaluma Municipal 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 10.70. 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 proved as to Council of the City of Petaluma at a Regular meeting on the 8'h day of April 2024, rm: by the following vote: y Attorney AYES: McDonnell,Barnacle,Cader Thompson,Nau,Pocekay,Shribbs NOES: None ABSENT: None ABSTAIN: None RECUSED: I lea6�cuslyned by: E�FMWSA062476-,— ❑ocuSlgncd by, 11 t V, M G'JOIn In t,�, ATTEST: A429'4492. Citv Clerk Mayor Resolution No. 2024-038 N.C.S. Page 2 DocuSign Envelope ID:D3211340-CC43-4F3B-96AM9416C01687A MIKE HEALY(Primary & Secondary Addresses) EXMBIT A Parcel No. Site Address 006284036 256 PETALUMA BLVD N 006163006 348 PETALUMA BLVD N 006163053 0 N WATER ST Resolution No.2024-038 N.C.S. Page 3