HomeMy WebLinkAboutResolution 2009-071E N.C.S. 05/18/2009~Zesolution No. 2009-071E N.C.S.
of the City of Petaluma, California
ORDERING ABATEMENT OF NUISANCES CONSISTING OF WEEDS
GROWING UPON PUBLIC AND PRIVATE PROPERTY
IN THE CITI' OF PETALUMA AND ORDERING THE FIRE DEPARTMENT TO
ABATE SAID WEEDS BY CONTRACT IF PROPERTY OWNERS FAIL TO DO SO
WHEREAS, on the 16`" day of March 2009, the Council of the City of Petaluma adopted
Resolution No. 2009-032 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 May 2009, 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, written notice of the May 18, 2009 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. 2009-032 N.C.S.; and,
WHEREAS, the City Council has held its hearing and considered all objections or
protests to the proposed abatement of weed nuisance 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 nuisance.
J
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 Council, to abate said nuisances by removing said weed
nuisance 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 ofpublic and private property as shown in Exhibit A, and described in
said Resolution No. 2009-032 N.C.S. Said mowing, disking, handwork, and blading
shall be accomplished as many times as the Fire Department may deem necessary to
Resolution No. 2009-071 E N.C.S. Page 1
provide the best possible control of weeds. Any contract for weed removal shall direct
that gasoline-powered weed removal equipment shall not be used on "Spare the Air"
days established by the Bay Area Air Quality Management District.
2. To recover administrative costs for managing the abatement program, the City
Council authorizes the Fire Marshal to assess an administrative fee ($155.00) to every
parcel or lot of private or public property that requires abatement by the City.
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 Ap ove as to
Council of the City of Petaluma at a Regular meeting on the 18`h day of May, 2009, or
by the following vote:
City A orney
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee
NOES: None ,.----~'°'-'~-~
t
i'
ABSENT: None '\,, ,,
ABSTAIN: Mayor "forliatt ~--'"` ~ i ,' ~ .l.. ,
` ~ / ~.
ATTEST:
City Clerk Mayor
Resolution No. 2009-071E N.C.S. Page 2
Exhibit A to Resolution 2009-071 E N.C.S.
Parcel No. Address
006-441-016 735 North Webster Street
006-441-020 735 North Webster Street
006-441-038 739 North Webster Street
006-441-013 745 North Webster Street
006-441-066 972 Western Avenue
Resolution No. 2009-0710 N.C.S. Page 3