HomeMy WebLinkAboutResolution 2009-119 N.C.S. 07/20/2009Resolution No. 2009-119 N.C.S.
of the City of Petaluma, California
ORDERING ABATEMENT OF NUISANCES CONSISTING OF WEEDS
GROWING UPON PUBLIC AND PRIVATE PROPERTY
IN TIIE CITY OF PETALUMA AND ORDERING TI-IE FIRE DEPARTMENT
TO ABATE SAID WEEDS BY CONTRACT IF PROPERTY OWNERS FAIL TO DO SO
WIIEREAS, on the 16th 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
20th day of July 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,
WIIEREAS, on May 18, 2009, a hearing was held for parcels originally identified as
requiring abatement; and,
W~IEREAS, written notice of the July 20, 2009 hearing, substantially in the form
provided by Government Code Section 39566, was mailed to owners of potentially impacted
properties not included for the May 18, 2009 hearing and identified on Attachment A, attached
hereto, and incorporated herein by reference, as specified in Resolution No. 2009-032 N.C.S.;
and,
W>FIEREAS, 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.
NOW, TIIEREFORE, 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
Resolution No. 2009-I 19 N.C.S. Page 1
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 of public and private property referred to .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
provide the best possible control of weeds.
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 39.574 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: 1 hereby certify the foregoing Resolution was introduced and adopted by the prove as to
Council of the City of Petaluma at a Regular meeting on the 20`~ day of July, 2009, for
by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris,. Healy, Rene, Mayor Torliatt
NOES: None
ABSENT: Rabbitt
ABSTAIN: None
ATTEST:
City Clerk
Attorney
Resolution No. 2009-119 N.C.S. Page 2
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6/30/2009