HomeMy WebLinkAboutItem 4.02 Weed AbatementG~~~ OF DU~~y
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i9~~;~~BZ STAFF REPORT C I.T Y C L E R K
~~~,,,~ ~~~ DUBLIN CITY COUNCIL File #^~~ 0~-~~
DATE: February 15, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC . Declaration of Weeds and Combustible Refuse as a Public Nuisance
Prepared By: Bonnie Terra, Fire Marshal
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, accumulating
upon the streets, sidewalks and property within the City of Dublin.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the proposed Resolution declaring weeds and
combustible refuse a public nuisance and ordering the abatement thereof; 2) Direct Staff to
notify the public of the adoption of this Resolution; and 3) Schedule a public hearing for the April
5, 2011 City Council meeting at which time the City Council will hear and consider objections to
this abatement order.
Submitted By
Fire Marshal
Re iewe By
Assi t City Manager
Page 1 of2 ITEM NO. -T• ~
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, 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 or refuse removed.
The proposed public hearing date will be April 5, 2011 with the intention of allowing for the
abatement process to be completed prior to June 30, 2011. Starting the process at this time will
allow for Staff to complete the process within .that timeframe while still abiding by the City's
applicable ordinances. -
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not Applicable
ATTACHMENTS: 1. Resolution declaring Weeds and Combustible Refuse a Public Nuisance
and ordering the abatement thereof . ,
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Page 2 of 2
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RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 5, 2011 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 15th day of February, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN: "
ATTEST:
City Clerk
Mayor
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ATTACHMENT 1