HomeMy WebLinkAbout4.02 Weeds&CombustibleRefu CITY CLERK
AG EN DA STATEMENT '
CITY COUNCIL MEETING DATE: March 02, 2004
SUBJECT: Declaration of Weeds and Combustible Refuse as a Public Nuisance
Report Prepared By: Theresa Johnson, Fire Marshal
ATTACHMENTS: Proposed Resolution
RECOMMENDATION: 1) Adopt Resolution
2) Direct Staff to notify the public
3) Schedule a public hearing for April 6, 2004 to hear and conSider
objections to abatement order
FINANCIAL STATEMENT: None
DESCRIPTION: In accordance with Dublin Municipal Code section 5.70.030, the
City Council may declare that there is a public nuisance created by weeds and Combustible debris
growing, accumulating upon the streets, sidewalks and property within the City of Dublin. With this
declaration, the Fire Chief or his designee is required to notify property owners of the nuisance con~ditions
and demand that the conditions be abated without delay. If the abatement is not completed the City of
Dublin shall, at the expense of the owner, have the weeds or refuse removed.
The proposed public hearing date will be appearing earlier on the Council's agenda than in previous~ years,
with the intention of allowing for the abatement process to be completed prior to July 4th. Starting the
process this early will allow for Staff to complete the process within that timeframe while still abiding by
the City's applicable ordinances.
Staff recommends that the Council: 1) adopt the attached Resolution declaring weeds and combustible
refuse a public nuisance and requiring the abatement thereof; 2) direct Staff to notify the public, of the
adoption of this Resolution; and 3) schedule a public heating for the April 6, 2004 City Council meeting
at which time the Council will hear and consider objections to this abatement order.
cOPIES TO:
· ITEM NO.
H/cc-forms/agdastmt. doc ~
RESOLUTION NO. -04
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 0f
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 5.70.030
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 5.70.303 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 5.70.303, 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 5.70.303 and 5.70..404 of the Dublin Municipal Code,
notifying said public of the passage of this Resolution and further that on April 6, 2004 at
7:00 p.m., the City Council of the City of Dublin will conduct a public hearing to hear
and consider obi ections to this abatement order.
PASSED, APPROVED, AND ADOPTED this 2nd day of March, 2004
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
2Ob2
CITY OF DUBLIN
And
ALAMEDA COUNTY FIRE DEPARTMENT
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
NOTICE IS HEREBY GIVEN that on March 2, 2004 pursuant to the
provisions of Section 5.70.030 of 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 cause 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 6, 2004 at 7:00
p.m., when their objections will be heard and given due consideration.
Dated: This 2nd day of March, 2004
Kay Keck, City Clerk
City of Dublin