HomeMy WebLinkAbout6.1 - 3034 Weed and Combustible Refuse Abatement Order
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STAFF REPORT
CITY COUNCIL
DATE: April 7, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Weed and Combustible Refuse Abatement Order
Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:
In accordance with Resolution 5-20 (adopted February 4, 2020), 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.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed
abatement process.
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.
DESCRIPTION:
In accordance with Resolution No. 5-20 (Attachment 1), 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 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 4, 2020.
Following that approval, a Notice to Destroy or Remove Weeds and Refuse was posted
(Attachment 2). This year, 240 inspections were conducted during the week of March 9,
2020 and 65 initial letters (Attachment 3) were sent to property owners during the week
of March 16, 2020 advising them to abate the hazard.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and
posted in 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 5-20 - Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof
2. Notice to Destroy or Remove Weeds and Refuse
3. Initial Letter
RESOLUTION NO. 05 -20
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 !s under contract to provide services
and exercise the powers common to the City of Dublin; and
WHEREAS, the City of Dublin did adapt 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, 2020 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.
vote:
PASSED, APPROVED ANQ AQOPTED this 4th day of February 2020, by the following
AYES: Councllmembers Gael, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST;
Ci#y Cierk
Reso No. 05-20, Item 4,2, Adopted 02l04l20 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 4, 2020, 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, 2020 at 7:00 p.m., when their
objections will be heard and given due consideration.
Dated: This 4th day of February, 2020
Caroline Soto, City Clerk
City of Dublin
PUBLICATION INSTRUCTIONS:
1) Saturday – March 14, 2020
(Must appear at least 10 days before the hearing. [sec. 6062(a) CGC].)
ATTACHMENT 2
DAVID A. ROCHA
Fire Chief
March 16, 2020
«Mail_to_COMPANY»
«Property_Owner»
«Mail_to_ADDRESS»
«Mail_to__CITY_STATE_ZIP»
SUBJECT PROPERTY
«Parcel_No»
«Street_» «Street_Name»
The above subject property was inspected the week of March 9, 2020, and determined
to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The
Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or eliminate weeds, or
other nuisances, before they become a hazard. The Ordinance applies to violations
anywhere on the property, whether in an open field, front yard, enclosed side yard, or
rear yard. A copy of the removal requirements is enclosed for your reference.
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 7,
2020, to hear and consider objections to this abatement order.
The Fire Prevention division will re-inspect your property on or after April 13, 2020, to
verify compliance. If there are no violations noted, there will be no further notices or
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