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Home My WebLink About6.1 Weed Abatement Order CI'TY CLERK File # 540-50 AGENDA STATEMENT Ct'TY COUNCZL MEETI'NG DATE: 3une 24, 2002 SUBJECT: Public Hearing: Weeds and Combustible Refuse Abatement Order Report Prepared By: ~Iames R. Ferdinand, Fire Marshal ATTACHMENTS: 1) Notice To Destroy or Remove Weeds and Refuse 2) Notice of Abatement 3) Notice posted on property 4) Photos of Site 5) Bid for Abatement - A Green Shrubbery Service 6) Bid for Abatement - Pacheco Brothers Gardening RECOMMENDATION: 1) Open public hearing f ~_., ~ 2) Receive Staff Report ~'~/~D 3) Receive Public Testimony 4) Close Public Hearing and Deliberate 5) Direct Staff to proceed with abatement and to provide a Season' End Report for Completion' of Abatements and Associated Costs 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. 25-02, 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 owner, have the weeds or refuse removed. The declaration of a hazard was approved by City COuncil on March 5, 2002. FolloWing that approval, notice was posted as well as abatement Courtesy Notices sent to all known existing property owners to abate the hazard. A number of properties have been abated prior to this hearing. The subject property is located adjacent to Alamo Creek has been posted with the Notice to Abate. An Abatement Notice was mailed to property owner via Certified Mail - Return Receipt Requested. Mail was accepted and no abatement has been initiated. Bids for abatement have been received and are included with the staff report. Staff recommends that the Council conduct a public hearing to: 1) hear and consider objections to the abatement order from property owners, 2) hear testimony from Staff regarding degree of hazard and need to abate, 3) order abatement and necessary follow-up billing for placement of lien on property to recover cost. COPIES TO: ITEM NO. ~ CITY OF DUBLIN And ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on March 5, 2002 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 June 24, 2002 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 13th day of June, 2002 Kay Keck, City Clerk City of Dublin ATTACHMENT 1 Alameda County Fire Department City Of Dubh',n Division Fire PreventionBureau (925) 833-6606 ~March 25, ,,2002 · v~uS Mr. David Lonich liner & Co 923 Dana Drive, Suite #14' 340Pine.Street. # 401 Redding,: CA 96003 San Francisco,~ CA 941'04 RE: Weed Abatement, Alamo' Creek, AssessOrs .Parcel Number: 941.-2765-295-00 NOTICE OF. ABATEMENT In accordance with the City of Dublin Municip~1 COde, Section 5.70.070, this letter serves' a~-noti~e that'the City will order,the abatement-oftl~e proPerty'listed above, nosooner than April 1.0~ 2002. But'not later that April 30, 2002. The abatement costs will constitute a lien Upon the property until paid and will be Collected upon the next tax'roll upon which general municip~ t~es are collected. You have the right to abate. this property prior to the Scheduled daie. Please note that this is an'on going abatement procedure. Notice was senl and the property posted in the year'2001. TO date the property has noi been abated .and no response has been receive~ by this_ office, to letters sent by Certified mail. If you have. any questions or I may be of assi'stance, pl'e~se fee!. free. to contact me at (925) 833-6606. Issuing ~'~er ~Edw~d -"0Y. La.udani ' D~~'.DF~v~S~Mo~r~hal AlamoCreelcAbatementMareh952002 ATTACHMENT 2 xt~~ 1.00 Civic Plaza. Dublin, California 945.68 Website: http://www;ci.dubtin.ca.us NOTICE The property owner 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 and alleys, if any, behind such property, and between the lot lines thereof as 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 of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which such weeds and accumulation of refuse, have been destroyed or collected upon the next tax roll upon which general municipal taxes are collected. Abatement will commence on April 10, 2002. APN: 941-2765-295-00 For questions call Dublin Fire Prevention at 925-833,6606. Area Code (925) · City Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 Finance 833-6640 · Public Works/Engineering 833-6630 · Parks & Community Servic~ Planning/Code Enforcement 833-6610 - Bu'ilding Inspection 833-6620 - Fire Pre ATTACHMENT 3 Prin~ed on Recyc~eo' P-:z~er ATTACHMENT 4 ATTACHh~NT 5 PRO?OSAL PROeOSAL' NO. 2475 PACllECO BROTHERS GARDENING, INC. STATE LICENSE * 486789 795 SANDOVAL WAY * INSURED HAYWARD, CA. 94544 (5t0) 487-3580 FAX: (510) 48%6830 * REFERENCES A~A~ABLE -PROPOSAL SUBMITTED TO ATTENTION: [ DATE: JkLAhZlEDA COUNTY FIRE ED LADONE I 5/14/02 STREET JOB, NAME 100 CIVIC-PAZA ALAMO CREEKFIRE/WEED AB~.TEMENT CITY, STATE, ZIP CODE JOB LOCATION DUBLIN, CA 94568 .DUBLIN, CA .SALES REI'. I HOME PHONE: FAX:NO. I JOB PHONE: NIgAL HORNBECK' 925-829-9248 925-833-6606 WE HEREBY SUBMIT ESTIMATES AND SPECIla'ICATIONS ]FOR: ALAMO CREEK WEED ABATEMENT VEGETATION CUTTING - Cut dry and flammable vegetation along access.roads and fiat areas at top of Alamo Cx'eek from Amador Valley Rd to. exercise path, both sides of creek where accessible. Work performed via line trimmer and tractor flail mower. - Work to be perform.ed, where .safe, from 3 feet down slope across flat area to fence line or creek property line. - Work iS designed to create a buffer zone from creek slope to property .1j2e at mate.riM height of approx 4 inches. ** There is no removal of cut vegetation with this portion of job LUMP SUM $10,220.00 VEGETATION CLEAN UP ~.~',~ ~7J~7[~";i.~- .?:,~../ Rake large cuttings as best as poss~le and load for hauling off-site. - I-Iaul cuttings to local refuse center. ** Vegetation removal to be performed only i2 areas that have direct access separated from reasonable access are not part of this proposal. ** Small cutti2gs are not part of this proposal LUMP SUNI $7,200.00 ** ANY DUMP FEES OVER $2,800,00 WILL BE BILLED AT COST PLUS 15% THIS JOB WAS BID USING MAINTENANCE PREVAILING WAGE-RATES ** WORK TO BE PERFORMED ONLY IF COUNTY AGREES TO PAY AND NOT PROPERTY OWNER ** Job is based on safe worlcLag conditions determined by Pacheco Brothers, no exceptions. we Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Deposit: Balance Due: Dependant on work H ~//~R//NNBEC.~ Payment Schedule as f011ows:15 DAYS NET Approximate start date: per schedule PBG AUTHORIZED SIGNATURE: NEAL · ATTACHMENT 6 K:\forms\proposal.doc 12-2-98r