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HomeMy WebLinkAbout6.2 Weeds/Refuse Abate AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 1, 2003 SUBJECT: Public Hearing: Weeds and Combustible Refuse Abatement Order Report prepared by: Theresa M. Johnson, Fire Marshal ATTACHMENTS: 1) Notice To Destroy or Remove Weeds and Refuse 2) Resolution 31-03 3) Copy of courtesy notice sent to property owners RECOMMENDATION:~, 1) Open public hearing ~ '~~:~ 2) Receive Staff Report 3) Receive Public Testimony ~ ~ ~ 4) Close Public Hearing 5) Direct Staff to continue the weed abatement process FINANCIAL STATEMENT: Initial cost of abatement and administration lee'will be billed to the property owners. There will be no net cost to the City. DESCRIPTION: In accordance with Resolution No. 31-03, 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 4, 2003. Following that approval, notice was posted as well as abatement Courtesy Notices sent to all known existing property owners to abate the hazard. 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 as necessary, 3) direct Staff to continue the weed abatement process. 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 4, 2003 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 1, 2003 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 4th day of March, 2003 Ka~ykI~ck, Ci~"Clerk City ~t~ Dublin ATTACHMENT~I,. / ' RESOLUTION NO. 31 - 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 m 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 de£med in section 5.70.303, 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 5.70.303 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 AYES: Councilmembers McCormick, Omvetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None U NL~YOR ATTEST: K2/G/3.4-O3/re~s.do¢ (Item 4.2) ' ATTACHMENT 2 March 5, 2003 <<Owner>> OR CURRENT RESIDENT <<Street Number>> <<Street Name>> <<Mailing_Address>> DUBLIN CA 94568 Sub,iect Property: A.P.N.# <<Parcel >> <<Owner>> <<Street Number>> <<Street Name>> DUBLIN CA 94568 COURTESY NOTICE This Annual Courtesy Notice is a reminder that it is time to check your property for excessive weed growth or accumulated Combustible litter and rubbish. Annual Courtesy Notices are mailed every spring to owners of parcels that had past violations, or that have been identified as a possible potential problem. The Weed, Rubbish and Litter Ordinance is 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 no later than April 10, 2003, you can avoid enforcement action and any related fees. Abatement shall be in accordance with the enclosed removal requirements. Please contact this office if you no longer own the property, or you are unable to complete the-abatement by the above listed date. The Fire Prevention Division will inspect your property on or after April 10, 2003, to verify compliance. If there are no violations noted, there will be no charge for the inspection. Failure to abate your property will 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 is necessary to place a lien on your property to recover unpaid fees, there will be an additional charge. If you have any objections to the proposed destruction or removal of such weeds and/or refuse, you are hereby notified to attend a meeting of the City Council for the City of Dublin to be held on April 1, 2003, at 7:00 p.m. at the Dublin Civic Center; when and where your concerns will be heard and given due consideration. REMEMBER, to avoid any charges, all weeds and debris must be removed by the above hsted date, AND MAINTAINED THROUGHOUT THE YEAR. Your cooperation will be appreciated, and we thank you for your efforts in maintaining a fire safe cormnunity. If you have ATTACHMENT 3 any questions regarding this notice, please contact the Alameda County Fire Prevention Bureau, Dublin Division at (925) 833-6606.