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Home My WebLink About6.1 Weed and Combustible Refuse Abatement Order Agenda Item 6. I i m i • STAFF REPORT CITY COUNCIL DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.FCT: Weed and Combustible Refuse Abatement Order Prepared by: Bonnie Terra, Division Chief EXECUTIVE SUMMARY: The City Council will conduct the public hearing in accordance with Resolution 12-23 (adopted February 7, 2023) 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 administration will be billed to the property owners if they fail to abate the problem. There will be no net cost to the City. DESCRIPTION : In accordance with Resolution No. 12-23 (Attachment 1), the City Council declared that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks, and property with the City of Dublin.With this declaration,the Fire Chief or 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. The declaration of a hazard was approved by the City Council on February 7, 2023. Following that approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year, 182 inspections were conducted during the week of March 6, 2023 and two 1st Notice letters (Attachment 3) were sent to property owners during the week of March 13, 2023 advising them to abate the hazard. Page 1 of 2 220 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH : In accordance with State law, a public notice was published in the East Bay Times and posted in several locations throughout the City. The Staff Report and attachments were made available for public review 10 days prior to the public hearing and The City Council Agenda was posted. ATTACHMENTS: 1) Resolution 12-23 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof 2) Notice to Destroy or Remove Weeds and Refuse 2023 3) 1st Notice Letter Page 2 of 2 221 Attachment I RESOLUTION NO. 12 - 23 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 Fire Chief, or his 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 4, 2023, 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 7th day of February 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: DocuSigned by: Mayor ATTEST: l cDocuSigned by: ocAd & VVoi& BB₹8@1�B22F t City Clerk Reso. No. 12-23, Item 4.7, Adopted 02/07/2023 Page 1 of 1 222 Attachment 2 CITY OF DUBLIN DUBLIN PUBLIC HEARING NOTICE CALIFORNIA City Council April 4, 2023 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.tv281ive.org, and streamed on the City's website at https://dublin.ca.2ov/ccmeetings. Project Name: Notice to Destroy or Remove Weeds and Refuse 2023 Project Description: Removal of Weeds Surrounding Home and Commercial Locations Project Location: Dublin, CA 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.gov beginning at 10:00 a.m. on April 4, 2023, 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. 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: firepermits(Zuidublin.ca.gov Date: 3/18/2023 223 Attachment V. DA CO �e�xnON Alameda County Fire Department E 5 FIRE PREVENTION www.acgov.org/fire /pF DEPARTME�t WILLIAM L.McDONALD March 13, 2023 Fire Chief COUNTY «Property_Owner» FIRE PREVENTION Mail to COMPANY» 6363 Clark Street « — — Dublin,CA 94568 «Mail_to_ADDRESS» Tel(510)632-3473 «Mail to CITY STATE ZIP» Fax(925)875-9387 — — — — DNTLIN FIRE PREVENTION SUBJECT PROPERTY 100 Civic Plaza «Parcel No» Dublin,CA 94568 833--66066606 Tel(925]83 «Street » «Street Name» — — Fax(925]829-9248 EMERYVILLE The above subject property was inspected the week of March 6, 2023 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,CA 94560 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 4, San Leandro,CA 94577 Tel(510] 577-3317 2023,to hear and consider objections to this abatement order. Fax(510]618-3445 UNION CITY The Fire Prevention division will re-inspect your property on or after April 10, 2023,to FIRE PREVENTION verify compliance. If there are no violations Alvarado-Niles Road ons noted,there will be no further notices or Union City,CA 94587 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 Prevention Division at (925) 833-6606. Enclosure 224 DEDICATED TO SUPERIOR SERVICE