HomeMy WebLinkAbout6.1 Weed and Combustible Refuse Abatement Order (2)STAFF REPORT
CITY COUNCIL
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Agenda Item 6.1
DATE:April 6, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Weed and Combustible Refuse Abatement Order
Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:
The City Council will conduct the public hearing in accordance with Resolution 06-21 (adopted
February 2, 2021) declaring 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. Notice of this declaration was posted and letters sent to those property owners with
violations.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement
process.
FINANCIAL IMPACT:
Initial cost of abatement and administration fee will be billed to the property owners if they fail to
abate the problem. There will be no net cost to the City.
DESCRIPTION:
In accordance with Resolution No. 06-21 (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 of 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 2, 2021. Following that
approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year,
248 inspections were conducted during the week or March 8, 2021 and 15 1
st Notice letters
(Attachment 3) were sent to property owners during the week of March 15, 2021 advising them to
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abate the hazard.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and posted in
several locations throughout the City. The Staff Report and attachments were made available for
public review and the City Council Agenda was posted.
ATTACHMENTS:
1) Resolution 06-21 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the
Abatement Thereof
2) Notice to Destroy or Remove Weeds and Refuse 2021
3) 1st Notice Letter
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Reso. No. 06-21, Item 4.2, Adopted 02/02/21 Page 1 of 1
RESOLUTION NO. 06 - 21
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 the City Council of the City of Dublin
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.
BE IT FURTHER RESOLVED that 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 6, 2021 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 2nd day of February 2021, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Attachment 1
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Attachment 2
108
March 16, 2021
«Mail_to_COMPANY»
«Property_Owner»
«Mail_to_ADDRESS»
«Mail_to__CITY_STATE_ZIP»
SUBJECT PROPERTY
«Parcel_No»
«Street_» «Street_Name»
The above subject property was inspected the week of March 8, 2021, and determined
to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The
Weed, Rubbish and Litter Ordinance 13-97 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, you can avoid possible
enforcement action and any related fees. Abatement shall be in accordance with the
enclosed removal requirements.
The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 6,
2021, to hear and consider objections to this abatement order.
The Fire Prevention division will re-inspect your property on or after April 12, 2021, to
verify compliance. If there are no violations noted, there will be no further notices or
inspections required.
Failure to abate your property may 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 becomes necessary to place a levy on your property to recover unpaid fees, there
may also be an additional charge.
Remember, 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
Attachment 3
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