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HomeMy WebLinkAbout4.4 - 2404 Declaration of Weeds and Combustible Debris Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: February 5, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Declaration of Weeds and Combustible Debris Abatement Prepared by: Bonnie Terra, Division Chief EXECUTIVE SUMMARY: 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 and accumulating upon the streets, sidewalks and property within the City of Dublin. This declaration requires the Fire Chief or his designee 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 of the owner, have the weeds or refuse removed. STAFF RECOMMENDATION: Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; direct Staff to notify the public of the adoption or this Resolution; and schedule a public hearing for the April 2, 2019 City Council meeting at which time the City Council will hear and consider objections to this abatement order. FINANCIAL IMPACT: None. DESCRIPTION: In accordance with Dublin Municipal Code section 5.7.030, the City Council may declare that there is a public nuisance created by weeds and combustible debris growing or 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 of the owner, have the weeds and refuse removed. The proposed public hearing date will be April 2, 2019 with the intention on allowing for Page 2 of 2 the abatement process to be completed prior to June 28, 2019. Starting the process at this time will allow for Staff to complete the process within the time frame whi le still abiding by the City's applicable ordinances. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof ATTACHMENT 1 RESOLUTION NO. -19 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 furthe r that on April 2, 2019 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 5th day of February, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk