HomeMy WebLinkAbout4.02 WeedAbatement CI'TY CLERK
AG EN DA STATEMENT
CZTY COUNCZL MEETTNG DATE: March 04f 2003
SUBJECT: Declaration of Weeds and Combustible Refuse as a Public Nuisance
Relgort Prepared By: Theresa ~lohnson, Fire Marshal
ATTACHMENTS: Proposed Resolution
RECOMMENDATION: 1) Adopt Resolution
/~4~ 2) Direct Staff to the
notify
public
3) Schedule a public heating for April 1, 2003 to hear and consider
objections to abatement order
FINANCIAL STATEMENT: None
DESCRIPTION: In accordance with Dublin Municipal Code section 5.70.030, 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 earlier on the Council's agenda than in previous years,
with the intention of allowing for the abatement process to be completed prior to July 4th. Starting the
process this early 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 1, 2003 City Council meeting
at which time the Council will hear and consider objections to this abatement order.
COPIES TO:
ITEM NO.
H/cc-forms/agdastmt.doc
RESOLUTION NO. -03
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 5.70.303 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 5.70.303, in the City of Dublin.
2. The Fire Chief, or his designee, shall cause notice to be g~ven to the public in the form
and manner provided in sections 5.70.303 and 5.70.404 of the Dublin Municipal Code,
notifying said public of the passage of this Resolution and further that on April 1, 2003 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 4th day of March, 2003
AYE S:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK ~/~