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HomeMy WebLinkAbout4.03 Weed&CombustibleRefus CITY CLERK Fllo # n[SJ[!£]IOJ~~¡g e AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 1,2005 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 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 conditions and demand that the conditions be abated without delay. If the abatement is not completed the City of Dublin shall, at the expense ofthe owner, have the weeds or refuse removed. The proposed public hearing date wi!] be appearing earlier on the Council's agenda than in rrevious years, with the intention of allowing for the abatement process to be completed prior to July 4'. Starting the process this early will allow for Staff to complete tl1e 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 hearing for the April 5, 2005 City Council meeting at which time the Council wi!] hear and consider objections to this abatement order. .~--~-----~~~-~--------------------------------------------~--------------~~---------------~------------------ . COPIES TO: ITEMNO.~.3 Hlcc-formolB.g<lB..tmt.<loc \~\ e e . \11"- RESOLUTION NO. -05 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. scq. authorizes tl1e 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 5.70.030 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 ofthe Dublin MunicipaJ Code, the A1ameda 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 ofthe passage offuis Resolution and further iliat on AprilS, 2005 at 7:00 p.m., the City Council offue City of Dublin will conduct a public hearing to hear and consider objections to this abatement order. PASSED, APPROVED, AND ADOPTED this 1st day of March, 2005 AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK 3-\-05" Y,j A-.\d:AGV\ rYI~ r;T ;<~?, e CITY OF DUBLIN And ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on March I, 2005 pursuant to the provisions of Section 5.70.030 of Chapter 5.70 of the Municipal Code ofthe 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 wiJl 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 col1ected. 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 AprilS, 2005 at 7:00 p.m., when their objections will be heard and given due consideration. . Dated: This 1st day of March, 2005 Kay Keck, City Clerk City of Dublin .