HomeMy WebLinkAboutItem 6.1 Weeds Abatement
CITY CLERK
File # 0[5']8][0]-[51[0]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 18, 2006
SUBJECT:
Public Heariug: Weeds and Combustible Refuse Abalemenl Order
Report Prepared hy Bonnie Terra, Acting Fire Marshal
A TT ACHMENTS;
I) Notice To Destroy or Remove Weeds and Refuse
2) Resolution
3) Copy of Notice To Destroy or Remove Weeds and Refuse Leller
RECOMMENDATION: 1) Open Public Hearing
~2) Receive Staff Report
3) Receive Public Testimony
4) Close Public Hearing
5) Direct Staffto continue the weed abatement process
FINANCIAL STATEMENT: Initial cost of abatement and administration fee will be billed 10 lhe
property owners. There will be no net cost to the City
DESCRIPTION: In accordance with Resolution No. 21-06, the City Council declared
that there is a public nuisance created by weeds and combustible debris growing, accumulating upon lhe
slreels, sidewalks and property within the City of Dublin. With this declaralion, lhe 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 March 7, 2006 Following that approval,
notice was posted as well as abatement Notice to Destroy or Remove Weeds and Refuse notices were senl
to known existing property owners to abate the hazard.
Staff reconunends that the Council conduct a public hearing to' 1 )Open public hearing 2) Recei ve staff
report 3) Receive public testimony 4) Close public hearing 5) Direct staff to continue the weed abatement
process.
COpy TO:
lCOI
ITEMNO.~
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CITY OF DUBLIN
And
ALAMEDA COUNTY FIRE DEPARTMENT
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
NOTICE IS HEREBY GIVEN that on March 7, 2006 pursuant to the
provlslOns ofSectlOn 5.70.030 of Chapter 5.70 orthe Municipal Code
of the City orDublin, the City Council of the CIty of Dub 1m adopted a
resolutIOn declarIng that all weeds and/or refuse growmg or
accumulating upon any private property or m a publIc street or alley,
constItutes a publIc nUIsance, and such nUIsance must be abated by the
destructlOn or removal thereof.
NOTICE IS FURTHER GIVEN that the property owners shall,
wIthout delay, remove or cause to be removed all such weeds and
refuse from their property and from the abuttmg half of the street m
front of alleys, If any, behmd such property, and between the lot lines
thereof extended, or such weeds will be destroyed and removed and
such refuse will be removed and such nUIsance or nUIsances created
thereby abated by the Ctty of Dublin, in which case the costs will
constItute a hen upon such lots or lands until paid and will be
collected upon the next tax roll upon which general municIpal taxes
are collected. All property owners havmg any Ob]ectlOns to the
proposed destructlOn or removal of such weeds and/or refuse are
hereby notified to attend a meetmg of the Ctty Council of the CIty of
Dublm to be held at the Dublin Civic Center on Apnl 18, 2006 at 7'00
p.m., when their objections will be heard and gIven due consIderatIon.
Dated: ThIS 7th day of March, 2006
"'~\l~~"F"'"''''
.... Fawn Holman, CIty Clerk
CIty of Dublm
lTT1CIDIENT 1..
lo. \ 4-16.0/.0
RESOLUTION NO. 21 - 06
~ Dj- '3
A RESOLUTION OF mE CITY COUNCIL
OF THE CITY OF DUBLIN
* . * * * * * * .
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE
AND ORDERING THE ABATEMENT mEREOF
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 COllllllon to the City of Dublin, and
WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5 70030 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 Fine Chief, or his designee, shall cause notice to be given to the public in the fonn and
manner' provided in sections 5.70 030 and 5,70.040 of the Dublin Municipal Code, notifYing said
public ofthe passage of this Resolution and further that on April 18, 2006 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 7th day of March, 2006, by the following vote:
AYES: Councilmembers Hildenbrand, McConnick and Oravetz, and Mayor Lockhart
NOES: None
ABSENT: Councilmember Zika
ABSTAIN: None
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CITY OF DUBLIN
, 00 Civic Plaza, Dublin, California 94568
Websita: htlp:!/www.cl.dublin.oa.ua
March 20, 2006
III
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DUBLIN CA 94568
. J~&!'\l!!M'>"c,,]J; ,
RE. PROPERTY AT
DUBLIN CALIFORNIA
Parcel No. 941....-.
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
The above subj ect property was inspected during the week of March 13th 2006 and found
to be in violation of Section 5.70.020 of Chapter 5,70 of the Municipal Code of the City
of Dublin, which prohibits accumulation ofrubbish, garbage, grass, weeds, and other
rank growth which may cause fire hazards vyhich affect the health, comfort, and welfare
of persons in the vicinity The above noted violation shall be abated by removal of the
hazard from the property no later than April 23. 2006. By eliminating all hazards by
this date, you will avoid further enforccment action,
After the above listed date, a re-inspeetion will he made and a Notice to Intent to Abate
letter will be issued if the violation continues to exist. Failure to comply will ultimately
result in a City approved contractor abating your property and billing the property owner
for the contractor's oost. If it is necessary, a lien or levy may be placed on your property
to recover unpaid fees along with any additional administrative charges.
REMEMBER, to' avoid any charges or a citation, all weeds and debris must be removed
by the above listed date and maintained throul!hout the vear.
All property owners having objections to the proposed destruction or removal of such
weeds and/or refuse are hereby notified to attend a meeting of the City C~uneil of the
City of Dublin to be held at City Hall on April 18. 2006 at 7:00 p.m., when and wherc
their objections will be heard and be given due consideration.
Thank you for your coopcration. If you have any questions regarding lbis notice, please
contact the Dublin Fire Prevention Office at 925-833-6606.
Bne
Area Code (925) . City Monasa' 833-6650 . City Council 833.6650 . Personnel 833.'
Finance 833-,6640 . Public.Work.s/Engineering 833-8630 . Parks & Community '81
PlaMrng/Code Enforcement 833-661 0 . Building Inspection B3:':H'lf;20 Fir,
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