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HomeMy WebLinkAbout6.1 Weed Abstement~~~~~ ~~ ~ -~ 1~~ \~:~ CITY CLERK File # ^^~^-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 7, 2009 SUBJECT: Public Hearing: Weeds and Combustible Refuse Abatement Order Report Prepared by: Bonnie Terra, Fire Marshal ATTACHMENTS: 1) Resolution No. 20-09 - 2) Notice To Destroy or Remove Weeds and Refuse 3) Copy of Notice To Destroy or Remove Weeds and Refuse Letter RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Report 3) Receive Public Testimony 4) Close Public Hearing 5) Direct Staff to continue the weed abatement process FINANCIAL STATEMENT: Initial cost of abatement and administration fee will be billed to the property owners. There will be no net cost to the City. DESCRIPTION: In accordance with Resolution No. 20-09 (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 17, 2009. Following that approval, notice was posted (Attachment 2) as well as abatement Notice to Destroy or Remove Weeds and Refuse notices were sent to known existing property owners to abate the hazard (Attachment 3). Staff recommends that the City Council; 1) Open public hearing; 2) Receive staff report; 3) Receive public testimony; 4) Close public hearing; and 5) Direct staff to continue the weed abatement process. copy To: ~ ~~ ~ ITEM NO. ~ ~J 3 RESOLUTION NO. 20-09 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 5.70.030 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 5.70.030 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, 2009 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 17th day of February, 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Hillenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: _ ~` City Clerk Reso 20-09, Adopted 2-17-09, Item 4.2 Page 1 of 1 ATTACHMENT 1 ~~ PUBLIC HEARING NOTICE CITY OF DUBLIN And ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on February 17, 2009 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, 2009 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 9t'' day of March, 2009 s ~ ~~ Caroline Soto, City Clerk City of Dublin PUBLICATION INSTRUCTIONS: This notice must be published twice: 1) Saturday -March 28, 2009 2) Friday - Apri13, 2009 (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].) ATTACHMENT 2 3~3 FOR PROPERTY LOCATED AT: PARCEL NUMBER: NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE The above subject property was inspected during the week of and determined to be in violation of Section 5.70.020 of Chapter 5.70 of the Municipal Code of the City of Dublin, which prohibits accumulation of rubbish, garbage, grass, weeds, and other rank growth which may cause fire hazards which affect the health, comfort, and welfare of persons in the vicinity. The above noted violation shall be abated by removal of the hazard from the property no later than By eliminating all hazards by this date, you will avoid further enforcement action. After the above listed date, a re-inspection will be made and a Notice to Intent to Abate letter will be issued if the violation continues to exist. Failure to comply will ultimately result in a City approved contractor abating your property and billing the property owner for the contractor's cost. If it is necessary, a lien or levy may be placed on your property to recover unpaid fees along with any additional administrative charges. 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. Thank you for your cooperation. If you have any questions regarding this notice, please contact the Dublin Fire Prevention Office at 925-833-6606. Enc ATTACHMENT 3