HomeMy WebLinkAbout6.1 Weed and Combustible Refuse Abatement OrderIP
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: April 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Weed and Combustible Refuse Abatement Order
Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:
Agenda Item 6.1
The City Council will conduct the public hearing in accordance with Resolution 06-24 (adopted
February 6, 2024) declaring that there is a public nuisance created by weeds and combustible
debris growing and accumulating upon the streets, sidewalks, and property in the City of Dublin.
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. 06-24 (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 6, 2024. Following that
approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year,
187 inspections were conducted during the week of March 4, 2024 and 21 1st Notice letters
(Attachment 3) were sent to property owners during the week of March 11, 2024 advising them to
abate the hazard.
Page 1 of 2
1
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. The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution 06-24 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering
the Abatement Thereof
2) Notice to Destroy or Remove Weeds and Refuse
3) 1st Notice Letter
Page 2 of 2
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DocuSign Envelope ID: 085CE876-ADCE-4DFE-83DC-03D481 E591 C2
Attachment I
RESOLUTION NO. 06 — 24
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 2, 2024, 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 6th day of February 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
ATTEST:
OocuSigned by:
�tty Cleilr '
DocuSigned by:
I.tiiSSa
mayo r f A4bHlWQi...
Reso. No. 06-24, Item 5.4, Adopted 02/06/2024 Page 1 of 1
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Attachment 2
art CITY OF DUBLIN
DUBLIN PUBLIC HEARING NOTICE
CALIFORNIA
City Council
April 2, 2024 at 7:00pm
Council Chamber, 100 Civic Plaza, Dublin
NOTICE is hereby given that a PUBLIC HEARING will be held before the CITY COUNCIL
of the City of Dublin. This Public Hearing will be held in -person in the Council Chamber. The
meeting will be broadcast live on Comcast TV channel 28, livestreamed on www.tv281ive.or2,
and streamed on the City's website at
httns://dublin.ca.wov/ccmeetin2s.
Project Name: Notice to Destroy or Remove Weeds and Refuse 2024
Project Description: Removal of Weeds Surrounding Home and Commercial Locations
Project Location: Dublin, CA
You are invited to attend this meeting in -person and provide feedback regarding the project.
Members of the public who wish to participate in the meeting electronically have the option of
giving public comment electronically by filling out an online speaker slip. Online speaker slips
will be available at www.dublin.ca.2ov beginning at 10:00 a.m. on April 2, 2024, and the public
will be able to address the City Council in person or using a computer or smart phone via a link
that will be provided following submission of a speaker slip. A telephonic option will also be
available.
Anyone instituting a legal challenge to the Public Hearing item noted above may be limited to
addressing only those issues raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Dublin, City Clerk, 100 Civic Plaza, Dublin, CA 94568
at or prior to the Public Hearing.
To make a request for disability- related modification or accommodation, please contact the City
Clerk's Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a
request, the City will swiftly resolve requests for reasonable accommodation for individuals with
disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12132), and resolve any doubt in favor of accessibility.
Additional Resources: Staff Report for this item will be available on the City's website the
Friday prior to this hearing: www.dublin.ca.2ov
Name: Fire Prevention
Phone Number: (925) 833-6606
Email: firenermits(a,dublin.ca.2ov
Date: 3/16/2024
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Attachment 3
WILLIAM L. McDONALD
Fire Chief
COUNTY
FIRE PREVENTION
6363 Clark Street
Dublin, CA 94568
Tel (510) 632-3473
Fax (925) 875-9387
DUBLIN
FIRE PREVENTION
100 Civic Plaza
Dublin, CA 94568
Tel (925) 833-6606
Fax (925) 829-9248
EMERYVILLE
FIRE PREVENTION
1333 Park Avenue
Emeryville, CA 94608
Tel (510) 596-3759
Fax (510] 450-7812
NEWARK
FIRE PREVENTION
37101 Newark Blvd.
Newark, CA 94560
Tel (510] 578-4218
Fax(510) 578-4281
SAN LEANDRO
FIRE PREVENTION
835 E. 14th Street
San Leandro, CA 94577
Tel (510) 577-3317
Fax (510) 618-3445
UNION CITY
FIRE PREVENTION
34009 Alvarado -Niles Road
Union City, CA 94587
Tel (510) 675-5470
Fax (510) 487-2117
Alameda County Fire Department
FIRE PREVENTION
www.acgov.org/fire
March 13, 2024
«Property_Owner»
«Mail_to_COMPANY»
«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 4, 2024 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 2,
2024, to hear and consider objections to this abatement order.
The Fire Prevention division will re -inspect your property on or after April 8, 2024, 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
DEDICATED TO SUPERIOR SERVICE