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Home My WebLink About6.1 Weed Abatementor 19 82 /ii � 111 DATE: TO: STAFF REPORT CITY COUNCIL April 1, 2014 Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, Acting City Manager " SUBJECT: Weeds and Combustible Refuse Abatement Order Prepared by Bonnie S. Terra, Division Chief /Fire Marshal EXECUTIVE SUMMARY: CITY CLERK File #540 -50 In accordance with Resolution 10 -14 (adopted February 4, 2014), 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. Notice of this declaration was posted and letters sent to those property owners with violations. FINANCIAL IMPACT: Initial cost of abatement and administration fee will be billed to the property owners. There will be no net cost to the City. RECOMMENDATION: Staff recommends that the City Council conduct public hearing, deliberate, and, by motion, direct Staff to continue the weed abatement process. Submitted By Division Chief /Fire Marshal DESCRIPTION: i /, \ Reviewed By Acting Assistant City Manage In accordance with Resolution No. 10 -14 (Attachment 1), 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 or 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 4, 2014. Following that approval, notice was posted (Attachment 2) as well as an abatement Notice to Destroy or Remove or Remove Weeds and Refuse. This year, 252 inspections were conducted during the Page 1 of 2 ITEM NO. 6.1 week of March 17, 2014 and 154 notices went out the week of March 25, 2014 (Attachment 3) to property owners advising them to abate the hazard. NOTICING REQUIREMENTS /PUBLIC OUTREACH: In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. The Staff Report and attachments were made available for public review 10 days prior to the public hearing. ATTACHMENTS: 1. Resolution 10 -14 Declaring Weeds and Combustible Refuse a Public Nuisance 2. Notice to Destroy 3. First Notice Letter Page 2 of 2 RESOLUTION NO. 10 -14 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 1, 2014 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. vote: PASSED, APPROVED AND ADOPTED this 4th day of February, 2014, by the following AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None r, / Mayor ATT ST: City Clerk Reso 10 -14, Adopted 2 -4 -14, Item 4.5 Page 1 of 1 CITY OF DUBLIN And ALAM EDA COUNTY FIRE DEPARTMENT NOTI CE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on February 4, 2014 pursuant to the provisions of Section 5.70.030 of Chapter 5.70 of the Muni ci pal Code of the City of Dublin, the City Council I of the City of Dublin adopted a resolution declaring that al I weeds and /or refuse growing or accumulating upon any private property or in a public street or al I ey, constitutes a publ i c nui sance, and such nui sance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that the property owners shal I , without delay, remove or cause to be removed al I such weeds and refuse f rom thei r property and f rom the abutti ng had f of the street i n f ront of al I eys, if any, behi nd such property, and between the I of I i nes thereof extended, or such weeds wi I I be destroyed and removed and such refuse wi I I be removed and such nui sance or nui sances created thereby abated by the City of Dubl i n, i n whi ch case the costs wi I I constitute a I i en upon such I ots or I ands unti I pai d and wi I I be col I ected upon the next tax rol I 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 noti f i ed to attend a meeti ng of the City Council I of the City of D ubl i n to be held at the Dublin Civic Center on April 1, 2014 at 7:00 p.m., when their obj ecti ons wi I I be heard and gi ven due consi derati on. Dated: This 4th day of February, 2014 Carol i ne Soto, Ci ty Cl erk City of Dublin PUBLI CATION I NSTRUCTI ONS: 1) Saturday — M arch 15, 2014 (Must appear at least 10 days before the hearing. [sec. 6062(a) CGq .) CpV�Ty March 24, 2014 Px-pMEDA cou my W Alameda County Fire Department FIRE PREVENTION a�9E vwwwvv.a cgov,oirp, /6u re DEPARTN`BN< «Mail — t o ADDF�> DAVID A. ROCH A M March 24, 2014 Interim Fire Chief cou my W Wail_to_ODMPAW) FIRIrw PREVENTMN « «Property Owner» 399 I Ifirrhur T, 3Yoorn 12'0 faa3wward,9.A94S44 « «Mail — t o ADDF�> tell ��a3.c��3aa�p3 -u� ��w�9 « «Mail to CITY STATE 21 R) DUBLIN FmlE�I��ENTI1N SLIBJEU PRQPEFUY 100 ir,lvia, 4l «Parcel No» I3ubUri CA 945G8 «Street » «Street Name» 1,l Q,9215) 833 -66ri G — Fax �U 25] 829-9248 EmrRyvml -u, The above subject property was inspected the week of March 17, 2014 and determined oumRE IRUVEINT10 to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The y Park C "m ei`08 Weed, RAbbish and Litter Ordinance 13 -97 designed to minimize or eliminate weeds, or �Gwm.4�33w��uf�„ u.� ��u,i;3�s g 9ra�a r5,1()) 5�96 -3�i 59 other nuisances, before they become a hazard. The Ordinance applies to violations Fax 1 4 5 450, X812 anywhere on the property, whether in an open field, front yard, enclosed side yard, or NEWARK rear yard. Acopy of the removal requirements is enclosed for your reference. Fm E PREVENTION 3r "'101 Na..;vawarlk Blvd. Newark, CA 94560 By checking your property now and eliminating any hazards, you can avoid possible 'fell (!�'gqmp��1) S`?�f�y�3- 4ry=X1y1 enforcement action and an related fees. Abatement shall be in accordance with the Fax �..N.II.. m.J�.. .P O' 4':Y.. �� °1 d....CX A. Y SAtA LEAN DRO enclosed removal requirements. FwE IPREVruv °HON H'35 E, 14th `mtnn' l The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 1, San �,� I Leandro, C�� 945: ?ow 2014 to hear and consider objectionsto this abatement order. Fax ( 510 ) 5? ?, 341..!.0 1JIMON DTY The Fire Prevention division will re- inspect your property on or after April 14, 2014 to il PfwIF31ENTION verify compliance. If there are no violations noted, there will be no further notices or 340 ()9 Alvarado-Niles Road Union Elty, CA 3943ii9? Inspections required. 10 Q1iIO]ll I;'?S- VP4?0 Fax ra i k, i Ci ] 441r.2943 Failure to abate your property may ultimately result in a Oty 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. F;bmember, 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 11.11EDICATElYTO SUPERIOR, SERVICE 1JIMON DTY The Fire Prevention division will re- inspect your property on or after April 14, 2014 to il PfwIF31ENTION verify compliance. If there are no violations noted, there will be no further notices or 340 ()9 Alvarado-Niles Road Union Elty, CA 3943ii9? Inspections required. 10 Q1iIO]ll I;'?S- VP4?0 Fax ra i k, i Ci ] 441r.2943 Failure to abate your property may ultimately result in a Oty 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. F;bmember, 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 11.11EDICATElYTO SUPERIOR, SERVICE