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Home My WebLink About6.1 Weed Abatement or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #540-50 DATE: April 7, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Weed and Combustible Refuse Abatement Order Prepared by Bonnie S. Terra, Division Chief/Fire Marshal EXECUTIVE SUMMARY: In accordance with Resolution 13-15 (adopted February 3, 2015), 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 declaration 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 if they fail to abate the problem. There will be no net cost to the City. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, and, by motion, direct Staff to continue the weed abatement process. DESCRIPTION: In accordance with Resolution No.13 - 15 (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 3, 2015. Following that approval, notice was posted (Attachment 2) as well as an abatement Notice to Destroy or Remove or Remove Weeds and Refuse. This year, 295 inspections were conducted during the week of March 16, 2015 and 251 notices were sent to property owners during the week of March 24, 2015 (Attachment 3) advising them to abate the hazard. Page 1 of 2 ITEM NO. 6.1 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 13-15 2. Notice to Destroy 3. First Notice Letter Page 2 of 2 RESOLUTION NO. 13 -15 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 7, 2015 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 3rd day. of February, 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: City Clerk Reso No. 13-15,Adopted 2-3-15, 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 3, 2015 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 7, 2015 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 3rd day of February, 2015 Caroline Soto, City Clerk City of Dublin PUBLICATION INSTRUCTIONS: 1) Saturday—March 21, 2015 (Must appear at least 10 days before the hearing. [sec. 6062(a) CGQ.) A�pb\SVA cpV�,rr - " Alameda County Fire Department FIRE PREVENTION wmv.acgov.org/fire :A,R�pErAaTME�i-`: DAVID A.ROCHA March 23, 2015 Interim Fire Chief COUNTY «Mail to COMPANY>> FIRE PREVENTION — 399 Elmhurst,Room 120 «P rope rty_Owner» Hayward,CA 94544 «Mai1—to—AD DRESS» tel(510)670.5853 fax(510)887-5836 «Mail—to—CITY—STATE—ZIP)) OUSLIH FIRE PREVENTION SUBJECT PROPERTY 100 Civic Plaza «Parcel No» Dublin,CA 94568 — Tel(925)8336606 «Street—» «Street—Name» Fax(925)829-9248 EMERYVILLE The above subject property was inspected the week of March 16, 2015 and determined FIRE PREVENTION to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The 1333 Park Ave nue 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 l Tel wank, A 4210 By checking your property now and eliminating any hazards,you can avoid possible Fax(5101 578.4281 enforcement action and any related fees. Abatement shall be in accordance with the SAN LEANORO enclosed removal requirements. FIRE PREVENTION 835£,14tlrStreet The City ouncil of the City of Dublin will conduct a Public Hearin on Tuesday,Aril 7 San Leandro,CA 94577 Y Y g Yr P , Tel(510)577-3317 2015 to hear and consider objections to this abatement order. Fax(510)577.3419 UNION CITY The Fire Prevention division will re-inspect your property on or after April 13, 2015 to FIRE PREVENVION 34009 Alvarado-Niles Road verify compliance. If there are no violations noted,there will be no further notices or Union City,CA 94587 inspections required. Tel(510)675.5470 Fax(510)441.2943 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 l DEDICATED TO SUPERIOR SERVICE