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HomeMy WebLinkAbout4.02 Weed and Combustible Refuse CITY CLERK File # D[5][g][Q]-S[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 7,2006 SUBJECT: Declaration of Weeds and Combustible Refuse as a Public Nuisance Report Prepared by Bonnie Terra, Deputy Fire Marshal ATTACHMENTS: Proposed Resolution RECOMMENDATION: t"7 .,(\/ I) Adopt Resolution VA/v 2) Direct Staff to notify the public 'I::;/l 3) Schedule a public hearing for April 18, 2006 to hear and consider 6 objections to abatement order FINANCIAL STATEMENT: None DESCRIPTION: In accordance with Dublin Municipal Code section 57.030, the City Council may declare 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 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 or refuse removed. The proposed public hearing date will be appearing on the Council's agenda at the same time as in previous years, with the intention of allowing for the abatement process to be completed prior to July 4th Starting the process at this time will allow for Staff to complete the process within that timeframe while still abiding by the City's applicable ordinances. Staff recommends that the Council. 1 )adopt the attached Resolution declaring weeds and combustible refuse a public nuisance and requiring the abatement thereof; 2)direct Staff to notify the public of the adoption of this Resolution, and 3 )schedule a public hearing for the April 18, 2006 City Council meeting at which time the Council will hear and consider objections to this abatement order. COPY TO: ITEM NO. '1:'L Page] of 1 (1Jl RESOLUTION NO. -06 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 Apri118, 2006 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 7th day of March, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK I.f, Z ::j7!Ofo