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Home My WebLink About6.1 Weed Abatement~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: STAFF REPORT CITY COUNCIL CITY CLERK File #540-50 April 3, 2012 Honorable Mayor and City Councilmembers .. FROM: Joni Pattillo, City Manager ~~.. SUBJECT: Public Hearing: Weeds and Combustible Refuse Abatement Order Prepared by Bonnie Terra, Fire Marshal EXECUTIVE SUMMARY: In accordance with Resolution 08-12 (adopted February 7, 2012), the City Council declared that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this was posted and letters sent to those property owners with violations. FINANCIAL IMPACT: Initial cost of abatement and administration fee will be billed to the property owners. There will be no net cost to the City. RECOMMENDATION: Staff recommends that the City Council: 1) Receive the Staff Report; 2) Open the Public Hearing; 3) Receive Public Testimony; 4) Close Public Hearing; and 5) Direct Staff to continue the weed abatement process. ~...~ t.,~~~ ~_ Submitted By Fire Marshal DESCRIPTION: ~, Reviewed By Assistant City Manager In accordance with Resolution 08-12 (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 within the City of Dublin. 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. The declaration of a hazard was approved by the City Council on February 7, 2012. Following that approval, notice was posted (Attachment 2) as well as abatement Notices to Destroy or Page 1 of 2 ITEM NO. 6.1 Remove Weeds and Refuse sent. Last year, initial notices were sent to 151 property owners to abate the hazard. This year inspections were conducted the week of March 19, 2012 and subsequently notices went out the week of March 26, 2012 (Attachment 3). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. The Staff Report and attachments were made available for public review 10 days prior to the public hearing. ATTACHMENTS: 1. Resolution 08-12 2. Notice to Destroy or Remove Weeds and Refuse 3. Copy of Notice to Destroy or Remove Weeds and Refuse Letter Page 2 of 2 RESOLUTION NO. 8 -12 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 3, 2012 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, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST ~P City Clerk Reso No. 8-12, Adopted 2-7-12, Item 4.2 Page 1 of 1 CITY OF DUBLIN And ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on February 7, 2012 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 3, 2012 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 7th day of February, 2012 Caroline Soto, City Clerk City of Dublin PUBLICATION INSTRUCTIONS: This notice must be published twice: 1) Saturday -March 17, 2012 2) Friday -March 23, 2012 (Must appear twice at least 10 days before the hearing. There must be at least 5 days between the two publishing dates [sec. 6062(a) CGC].) P~PMEDA Cpr,NrY Alameda Count Fire De artment y p j ~ i ~; Dublin Fire Prevention,100 Civic Plaza, Dublin, CA 94568 `~-Y~ Tel (925) 833-6606 Fax (925) 829-9248 ~iqE Ht ENt «~ pEPAHSM www.acgov.org/fire March 26, 2012 SHELDON D. GILBERT Fire Chief cProperty_Owner» «Mail to COMPANY» sERVING: «Mail_to_ADDRESS» Mail to CITY STATE ZIP» City of Dublin City of Newark SUBJECT PROPERTY: City of San Leandro Parcel No» City of Union City «Street » «Street Name» Lawrence Berkeley National Laboratory The above subject property was inspected during the week of March 19, 2012 and Lawrence Livermore determined to be in violation of Section 5.70.020 of the Municipal Code of the City of National Laboratory Dublin. The Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or Unincorporated Areas eliminate weeds, or other nuisances, before they become a hazard. The Ordinance of Alameda County applies to violations anywhere on the property, whether in an open field, front yard, Alameda County enclosed side yard, or rear yard. A copy of the removal requirements is enclosed for Regional Emergency your reference. Communications Center 'Accredited Center of£xcellence" By checking your property now and eliminating any hazards you can avoid possible enforcement action and any related fees. Abatement shall be in accordance with the enclosed removal requirements. The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 3, 2012 to hear and consider objections to this abatement order. The Fire Prevention division will re-inspect your property on or after April 16, 2012 to verify compliance. If there are no violations noted, there will be no further inspections required. 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 DEDICATED TO SUPERIOR SERVICE