HomeMy WebLinkAbout4.4 - 2404 Declaration of Weeds and Combustible Debris
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STAFF REPORT
CITY COUNCIL
DATE: February 5, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Declaration of Weeds and Combustible Debris Abatement
Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:
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 and 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.
STAFF RECOMMENDATION:
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 or
this Resolution; and schedule a public hearing for the April 2, 2019 City Council meeting
at which time the City Council will hear and consider objections to this abatement order.
FINANCIAL IMPACT:
None.
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 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 and refuse removed.
The proposed public hearing date will be April 2, 2019 with the intention on allowing for
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the abatement process to be completed prior to June 28, 2019. Starting the process at
this time will allow for Staff to complete the process within the time frame whi le still
abiding by the City's applicable ordinances.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof
ATTACHMENT 1
RESOLUTION NO. -19
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 furthe r that on April 2, 2019 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 5th day of February, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk