HomeMy WebLinkAboutStaff Report 6.A 07/16/2012 wL U4r fl en d'a�Ite*ni r`6 1.
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DATE: July 16, 2012
TO: Honorable Mayorand Members of the City Council through City Manager
FROM: Larry B. Anderson, Fire Chief L1
Cary D. Fergus, Fire Marshal
SUBJECT: Resolution Ordering Abatement of Nuisances Consisting of Weeds Growing
Upon Public and Private Property in the City of Petaluta and Ordering the Fire
Department to Abate Said Weeds by Contract if Property Owners Fail To Do So
RECOMMENDATION:
It is recommended that the City Council adopt the attached 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.
BACKGROUND:
On March 19, 2012, the,City Council approved Resolution No. 2012-030 N.C.S. which declared
that weeds growing upon'parcels+of'public and private property are a public nuisance requiring
abatement and set the dates of May 21, 2012 and, if necessary,.July 16, 2012 as Public Hearing
dates. On May 21, 2012, aPublic Hearing was held to hear any objections by owners on the
original 644 parcel weed abatement list (506 private parcel owners-and 138 City-owned sites).
There were no objections.
The Fire Marshal's office began inspections of properties on the original list on June 4, 2012. As
the weed season has progressed, additional parcels/owners not listed on the original abatement
notification list have been-identified (typically through complaints) as those which may require
abatement. An inspection of the additional sites has taken place and since these parcels have
been deemed[to contain a weed-related fire hazard, the property owner(s) must be given the right
to due process;and;given,an opportunity to be heard by Council. These newly-identified
parcels/owners,have-been-made aware by letter that they have a right to a Public Hearing and
will have until July 17,1012 to clear their properties of nuisance weeds, otherwise forced
abatement will take place and they will be assessed the direct costs for the abatement, plus an
administrative fee of$177.
Please note'thatnone'of the parcels noticed for this hearing are withim500' of any Council
Members' property.
Agenda Revie :
City Attorn: s— Finance Director City Mana e
DISCUSSION:
The Government Code requires City Council to provide,a venue for property owners to voice
their objections regarding the City's weed abatement program and the means by which properties
are abated. This Public Hearing, and subsequent resolution, meets the intent of the law which
allows the Fire Department and its contractor to enter private property and force abatement of
weed-related fire hazards, if property owners fail to abate. Property owners are highly
encouraged to handle their own weed abatement and forced abatement only takes place after
non-compliance with the stated abatement deadline which, in this case, is July 17, 2012.
All work performed (such as disking, mowing, blading, or hand work) will be charged at one
hour minimums. Additional work over one hour will be prorated on quarter-hour increments at
the same hourly base rate. The contractor will be permitted to charge a pulling (or towing) fee
for each parcel where mowing, blading, disking or a combination thereof is performed. This fee
is not applicable.where only hand work was provided. Differences in size and type of terrain and
method of abatement used are all variables for costs incurred. The hourly costs for work
performed are as follows:
Disking: $45.00/hour
Blade Work: $40.00/hour
Tractor Mowing: $45.00/hour
Hand Work: $30.00/hour
Travel Time/Pulling Fee: $40.00/hour
In addition, the Contractor agrees to honor any designated "Spare-the-Air Days" that occur
during the weed abatement season, as designated by the Bay Area Air Quality Management
District t(`BAAQMD"). They agree not to utilize any gas or diesel powered equipment on those
designated days and all scheduled weed abatement cutting will take place around those
designated days, if any.
Upon Council confirmation, property owners that fail to pay the abatement fees by mid-August
of each calendar year will have special•assessnients and liens placed against their property in the
amount of the City's cost of abatement.
FINANCIAL IM PACTS:
The weed abatementprogram.is a 100% cost recovery program. Direct costs of abatement are
charged based on actual costs to clear the parcels. A per-parcel administrative fee is added to
each private and LAD/public parcel to cover the cost of the weed abatement inspector; program
management and secretarial support. The administrative fee for the 2012 weed abatement season
is $177 per parcel and is based on the City's actual and reasonable costs of administering the
program. The fee is;approved by City Council Resolution and is identified in the City's adopted
schedule of fees for services. All direct and administrative costs are recovered through payment
by the individual property owner(s) and/or collection of special assessments against the specific
parcels by the County Assessor in connection with property tax payments.
ATTACHMENTS
Resolution;
2. Resolution 2011-042 N.C.S. ("Declaring Weeds a Public Nuisance Requiring
Abatement");
3. Copy of Notice of Public Hearing Letter and List of Newly Located Property Owners (this serves
as the special notice•requirement for this Public Hearing).
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RESOLUTION ORDERING ABATEMENT OF NUISANCES
CONSISTING OF WEEDS GROWING UPON PUBLIC AND PRIVATE
PROPERTY IN THE CITY OF PETALUMAAND ORDERING
THE FIRE DEPARTMENT TO ABATE SAID WEEDS BY CONTRACT
IF PROPERTY OWNERS FAIL TO DO SO
WHEREAS, on thei9th;day of March 2012, the Council of the City of Petaluma adopted
Resolution No. 2012-030 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 16th day of July 2012,.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 21 2012, a hearing was held for parcels originally identified as requiring
abatement; and,
WHEREAS, written notice of the July 16, 2012 hearing, substantially in the form provided by
Government Code Section 39566, was mailed to owners of potentially impacted property not
included for the May 21, 2012 hearing and identified on Attachment A, attached hereto, and
incorporated herein by reference, as specified in Resolution No.2012-030 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 Firc Department of the City, through a
contractor employed by this 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 and described in said.Resolution No. 2012-030 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 abatementsprogram, the City
Council authorizes the Fire Marshal to assess an administrativetee($177.00) to every parcel
or lot of private or public property that requires abater-MOM 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
themanner provided by,Chapter 13, Part 2, Division 3; of Title 4 of the Government Code.
6-
Resolution No. 2012-030 N.C.S.
of the City of Petaluma, California
DECLARING'THAT WEEDS GROWING UPON::PARCELS
OF PUBLIC AND PRIVATE PROPERTY;REFERRED TO.AND
DESCRIBED IN TIIIS RESOLUTION,CONSTITUTE AND ARE.
A PUBLIC NUISANCE REQUIRING ABATEMENT,AND SETTING
PUBLIC HEARINGS AT WIIICII,OB.IECPIONS MAYBE HEARD
WHEREAS, brush and:weed abatement reduces fuel loads in'areas of Petaluma known
for being susceptible to grass and brush fires and is regarded as a proactive fire prevention
measure designed to(1)prevenl:ignition by the reduction on removal of fuel; (2)Slows, stops,or
confines the spread of a fire in areas with excessive gmss/brush; (3) allows time for fire
suppression personnel to respond and extinguish a threatening fire;rand (4)reduces the fire threat
from properties that adjoin the city limits;and.
WHEREAS, the Petaluma Fire Prevention Bureau has developed an aggressive brush
and weed abatement program which has served to protect the public health,safety and welfare of
the citizenry of the City of Petalitnid by reducing fire danger and the effects'of excessive brush
and weed fires for the past twenty-six years;and.
WHEREAS, Government Code sections 39560 Cl seq. provide a.procedure for weed
abatement by municipal entities,.pursuant to.which the City of Petaluma may adopt a resolution
declaring certain weeds a nuisance and thereby allow the Fire Department to proceed with
abatement.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby declares that all of the weeds now growing upon public and private parcels
within the City of Petaluma referred to and described in the list prepared by the Fire Marshal,
pages.on--file in Me office of the Fire Marshal, are weeds ivhich bear seeds of Winged or downy
nature, or attain such alarge growth as to become a lire menace when dry, and/or:are otherwise
noxious and dangerous,:and all such weeds.growing upon such public and private property are a
public nuisance,pursuant to Government.Code Section 39561, which the City:proposes to abate.
Resolution No.3012-030 N.C.S. Page I
W
•
BE IT FURTHER RESOLVED that the City Council hereby sets the time for a public
hearing at 7:00.p.m.. or as soon thereafter as the matter can he heard, on May 21, 2012 and, if
required, again on July 16. ,2012, at which timc all objections Will he heard and given due
consideration.
BE IT FURTHER RESOLVED that pursuant to Government Code Section 39567.1,
the Fire Marshal shall causeiwrittemnotice of the proposed:abatement to be mailed to all persons
owning property described in the list on file in the Fire Marshal's Office. Said notice shall be
substantially in the form provided byGovernment Code Section 39566.
•
Under the power and authority conferred upon this Council by the Charter of said City.
REFER ENCE: I hereby dernil),the foregoing Resolution was innrodneed and adopted by the Approved as to
Council of the city dr Petaluma at a Reguhu meeting on the 19i°day of March. bon:
2012.by the lollowing vole
Assistant'City Attorney
AYES: Al benson.Barren.Mn)or Glass.I Ennis.I leaf y.Kearney.Vice Nl ayor Ranee
NOES: None
ABSENT: None
ABSTAIN: N�onej f, ,�,� �"
n rresr. CPS (yl '� ( .i ..
City.Clerk v- - Mayor
Resolution No.2012-030 N.C.S. Page 2
'7
rS A L Cis
w S� r CITY OF PETALUMA
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Post OFFICE Box 61
P
a e s$' ETALU MA,CA 94953-0061
David Glass Re: Parcel#«APN»
Moyar
«Num»«Street»
Chris Albertson NOTICE OF HEARING
Teresa Barrett
Mk eet�nb • On the 1951 day of March,:2012,.the.City Council of Petaluma,California passed Resolution
Cabe Kearney #2012-030,declaring weeds that constitute a-fire hazard in the City of Petaluma must be abated.
Tiffany Renee For a-copy of the resolution,contact the office of the City Clerk at.(707)778-4360.
Covnctlmrm8ers
• All property owners having any objection to the proposed removal of such weeds are hereby
notified to attend a Public Hearing of the,Petaluma City Council;to be held on the 16'h day of
July,2012,in the Councilthambers at City Hall._:I I English Street,Petaluma,California,
beginning at 7:00'p.m:,or as soon thereafter as the matter may be heard;when objections will be
heard and given due consideration. If you',plan on removing the weeds yourself or by a
contractor of your choice,you need not attend this hearing. Only,.attend the meeting if you
object to the Fire Marshal clearing your property if von'fail to do it yourself
FINAL DATE FOR REMOVAL OF WEEDS
• If the property identified on this notice is not cleared of weeds by July.17,2012,it will be
cleared by a'.City contractor,and the cost of removal assessed-against the property,including a
$177.00 administrative fee. Failure to remit'fees due will result in a special assessment placed
on a secured property taxlroll.
• Property owners are encouraged to remove all weeds and brush by themselves or other
persons designated'by(hens For-larger parcels;disking is the preferred method.A list of
private contractors is available'upontequcst. All parcels must be maintained free of brush/weeds
that pose'a fire hazard throughout the season-May through October—or until the first major
rains in Fall.
• It is important to know that inspections are conducted throughout the dry season and your
property must be maintained in order to remain in compliance. Even if your property is abated
early in the season,there is potential for re-growth: If at any time your property is determined to
he a hazard,it may he abated without additional notice.For a copy of the Weed Abatement
Guideline,;pleasc visit our website at httpr//www.cityofpetaluma.net/firedept/prevention.html or
contact.the Fire Prevention Bureau.
• NOTE: If you no longer own this property,please contact'the-Fire Prevention Bureau at
Fire Departnreat (707)778-4389 or firemarshal@ci.petaluma.caus.
198 1) Street
Petaluma,CA 94952
In accordance with the Amencans with Disabilities Act.if you require special assistance to'panicipale in this meeting.please
Phone(707)775.4390 contact the City Clerk's O(tice at(707);778-3360(voice)or(707)778-4480(TDD). Translators.American..Sign Language
Fa;(707)762-4547 interpreters,and/or assistive listening devices for individuals with hearing disabilities will he available upon request. A
minimum of 48 hours'is needed,to ensure the availability of.translaion'services its consideration of those with multiple
chemical sensitivities or other environmental illness,it is requested that you refrain from wearing scented products.
Fire Prevention Bureau
ll English Street,
Petaluma.CA 94952
«Current Owner)
Phone(707)778-4389' «dba»
Fax(707)776-3641
«Owner's Address»
«City»«Zips«Zip 4»
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