HomeMy WebLinkAbout4.2 Weed Abatement or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #540-50
DATE: February 3, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Declaration of Weed and Combustible Debris Abatement
Prepared by Bonnie S. Terra, Division Chief/Fire Marshal
EXECUTIVE SUMMARY:
In accordance with the 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 or
accumulating upon the streets, sidewalks and property within the City of Dublin. This
declaration requires the Fire Chief or his designee 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.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Declaring Weeds and
Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; direct Staff to
notify the public of the adoption of this Resolution; and schedule a public hearing for the April 7,
2015 City Council meeting at which time the City Council will hear and consider objections to
this abatement order.
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Submitted By Reviewed By
Division Chief/Fire Marshal Assistant City Manager
DESCRIPTION:
In accordance with Dublin Municipal Code section 5.7.030, the City Council may declare that
there is a public nuisance created by weeds and combustible debris growing or 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
Page 1 of 2 ITEM NO. 4.2
demand that the conditions be abated without delay. If the abatement is note completed, the
City of Dublin shall, at the expense of the owner, have the weeds and refuse removed.
The proposed public hearing date will be April 7, 2015 with the intention of allowing for the
abatement process to be completed prior to June 30, 2015. Starting the process at this time will
allow for Staff to complete the process within the timeframe while still abiding by the City's
applicable ordinances.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not Applicable.
ATTACHMENTS: 1. Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof
Page 2 of 2
RESOLUTION NO. -15
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 7, 2015 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 3rd day of February, 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 1