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Home My WebLink About6.1 Weed and Combustible Refuse Abatement OrderAgenda Item 6.1 STAFF REPORT CITY COUNCIL DATE: April 1, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SU B,ECT: Weed and Combustible Refuse Abatement Order Prepared by: Bonnie Terra, Division Chief EXECUTIVE SUMMARY: The City Council will conduct a public hearing in accordance with Resolution 08-25 (adopted February 4, 2025) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks, and property in the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process. FINANCIAL IMPACT: The initial cost of abatement and the administration fee will be billed to the property owners if they fail to abate the problem. There will be no net cost to the City. DESCRIPTION: On February 4, 2025, the City Council adopted a Resolution 08-25 declaring a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks, and property within the City of Dublin (Attachment 1). With this declaration, the Fire Chief or his designee shall notify property owners of violations and order abatement without delay. If the abatement is not completed, the City of Dublin shall, at the expense of the owners, have the weeds or refuse removed. A Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year, 174 inspections were conducted during the week of March 3, 2025, and 20 15t Notice letters (Attachment 3) were sent to property owners during the week of March 10, 2025 advising them to abate the hazard. Pagel of 2 144 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law and DMC 5.70, a public notice was published in the East Bay Times on March 18 and March 25, 2025, and posted in several locations throughout the City. The City Council Agenda was posted. ATTACHMENTS: 1) Resolution 08-25 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof 2) Notice to Destroy or Remove Weeds and Refuse 3) 1st Notice Letter Page 2 of 2 145 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 RESOLUTION NO. 08 — 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, Government Code Section 39502 et. seq. authorizes the legislative body of a city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and WHEREAS, the Alameda County Fire Department is under contract to provide services and exercise the powers common to the City of Dublin; and WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse. NOW, THEREFORE BE IT RESOLVED that: 1. Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire Department and the City of Dublin hereby declare as public nuisances all weeds and refuse growing or accumulating upon the streets, sidewalks, and property as defined in section 5.70.030, in the City of Dublin. 2. The City Manager, or her designee, shall cause notice to be given to the public in the form and manner provided in sections 5.70.030 and 5.70.040 of the Dublin Municipal Code, notifying said public of the passage of this Resolution and further that on April 1, 2025, at 7:00 p.m., the City Council of the City of Dublin will conduct a public hearing to hear and consider objections to this abatement order. PASSED, APPROVED AND ADOPTED this 4t" day of February 2025, by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, and Mayor Hu NOES: ABSENT: Councilmember Qaadri ABSTAIN: ATTEST: IDocu Signed by: ��nM-bz- City Clerk DocpuSigned by: Mayor Reso. No. 08-25, Item 5.2, Adopted 02/04/2025 Page 1 of 1 146 Attachment 2 V NA CITY OF DUBLIN � DUBLIN PUBLIC HEARING NOTICE C A L I F 0 R N I A City Council April 1, 2025 at 7:00pm Council Chamber, 100 Civic Plaza, Dublin NOTICE is hereby given that a PUBLIC HEARING will be held before the CITY COUNCIL of the City of Dublin. This Public Hearing will be held in -person in the Council Chamber. The meeting will be broadcast live on Comcast TV channel 28, livestreamed on www.tv28live.org, and streamed on the City's website at https:Hdublin.ca.gov/ccmeetings. Project Name: Notice to Destroy or Remove Weeds and Refuse 2025 NOTICE is further given that on February 4, 2025, pursuant to the provisions of Section 5.70.030 or Chapter 5.70 of the Municipal Code of the City of Dublin, the City Council of the City of Dublin adopted a resolution declaring that all weeds and/or refuse growing or accumulating upon any private property or in a public street or alley, constitutes a public nuisance, and such nuisance must be abated by the destruction or removal thereof. NOTICE is further given that the property owners shall, without delay, remove or caused to be removed all such weeds and refuse from their property and from the abutting half of the street in front of alleys, if any, behind such property, and between the lot lines thereof extended, or such weeds will be destroyed and removed and such refuse will be removed and such nuisance or nuisances created thereby abated by the city of Dublin, in which case the costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meeting of the City Council of the City of Dublin to be held at the Dublin Civic Center on April 1, 2025, at 7:00 p.m., when their objections will be heard and given due consideration. You are invited to attend this meeting in -person and provide feedback regarding the project. Members of the public who wish to participate in the meeting electronically have the option of giving public comment electronically by filling out an online speaker slip. Online speaker slips will be available at www.dublin.ca.wv beginning at 10:00 a.m. on April 1, 2025, and the public will be able to address the City Council in person or using a computer or smart phone via a link that will be provided following submission of a speaker slip. A telephonic option will also be available. Anyone instituting a legal challenge to the Public Hearing item noted above may be limited to addressing only those issues raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Dublin, City Clerk, 100 Civic Plaza, Dublin, CA 94568 at or prior to the Public Hearing. 147 Attachment 2 To make a request for disability- related modification or accommodation, please contact the City Clerk's Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolve any doubt in favor of accessibility. Additional Resources: Staff Report for this item will be available on the City's website the Friday prior to this hearing: www.dublin.ca.gov Name: Fire Prevention Phone Number: (925) 833-6606 Email: firepermitskdublin.ca.gov Dated: 3/18/2025 and 3/25/2025 148 Attachment 3 -ON Alameda County Fire Department E 5 FIRE PREVENTION www.acgov.org/fire /pF DEPARTME�t WILLIAM L. McDONALD March 10, 2025 Fire Chief COUNTY «Property_Owner» FIRE PREVENTION ((Mail 6363 Clark Street —to —COMPANY)) Dublin, CA 94568 «Mail_to_ADDRESS» Tel (510)632-3473 «Mail to CITY STATE ZIP)) Fax (925) 875-9387 — — — — DN FIRE PREVENTION SUBJECT PROPERTY 100 Civic Plaza «Parcel No)) Dublin, CA((Street—)) Tel (925] 83 94568 3-6606 ((Street —Name)) —Name Fax (925) 829-9248 EMERYVILLE The above subject property was inspected the week of March 3, 2025 and determined to FIRE PREVENTION be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The 1333 Park Avenue Emeryville, CA 94608 Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or eliminate weeds, or Tel (510) 596-3759 other nuisances, before they become a hazard. The Ordinance applies to violations Fax (510) 450-7812 anywhere on the property, whether in an open field, front yard, enclosed side yard, or NEWARK FIRE PREVENTION rear yard. A copy of the removal requirements is enclosed for your reference. 37101 Newark Blvd. Newark, CA94560 By checking your property now and eliminating any hazards, you can avoid possible Tel(510) 578-4218 Fax (510) 578-4281 enforcement action and any related fees. Abatement shall be in accordance with the SAN LEANDRO enclosed removal requirements. FIRE PREVENTION 835 E. 14th Street The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 1, San Leandro, CA 94577 Tel (510) 577-3317 2025, to hear and consider objections to this abatement order. Fax (510) 618-3445 UNION CITY Fire Code Administration staff will re -inspect your property on or after April 7, 2025, to FIRE PREVENTION verify compliance. If there are no violations noted, there will be no further notices or 34009 Alvarado -Niles Road Union City, CA94587 inspections required. Tel (510) 675-5470 Fax (510) 487-2117 Failure to abate your property may ultimately result in a City of Dublin contractor abating your property and an additional administrative fee being added to the contractor's cost. If it becomes necessary to place a levy on your property to recover unpaid fees, there may also be an additional charge. Remember, to avoid any charges or a citation, all weeds and debris must be removed by the above listed date and maintained throughout the year. Your cooperation is appreciated, and we thank you for your efforts in maintaining a fire safe community. If you have any questions regarding this notice, please contact the Alameda County Fire Department, Dublin Fire Code Administration staff at (925) 833-6606 or dublinfp@acgov.org. Enclosure 149 DEDICATED TO SUPERIOR SERVICE