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Home My WebLink AboutItem 6.2 Weed Abatement CITY CLERK File # D~~IDJ-f511OJ · AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 5, 2005 Public Hearing: Weeds and Combustible Refuse Abatement Order Report Prepared By: Theresa M. Johnson, Fire Marshal ATTACHMENTS: 1) Notice To Destroy or Remove Weeds and Refuse 2) Resolution 3) Copy of courtesy notice sent to property owners RECOMMENDATION: ~1} Open public hearing \ 2) Receive Staff Report ~ 3) Receive Public Testimony 4) Close Public Hearing and Deliberate 5) Direct Staff to continue the weed abatement process SUBJECT: · FINANCIAL STATEMENT; Initial cost of abatement and administration fee will be billed to the property owners. There will be no net cost to the City. DESCRIPTION: In accordance with Resolution No. 26-05, 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 owner, have the weeds or refuse removed. The declaration of a hazard was approved by City Council on March 1, 2005. Following that approval, notice was posted as well as abatement Courtesy Notices sent to all known existing property owners to abate the hazard. Staff recommends that the Council: 1) Open public hearing 2) Receive staff report 3) Receive public testimony 4) Close public hearing 5) Direct staff to continue the weed abatement process. · _________~W_____~______________~_____________·___M____M_______~_________~_______~._________~________.__..__._ COPIES TO: (16\ ITEM NO. 6..2 \ \"bS e CITY OF DUBLIN And ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on March 1, 2005 pursuant to the provisions of Section 5.70.030 of Chapter 5.70 of the Municipal Code of the City of Dublin, the City Council ofthe City of Dublin adopted a resolution declaring that all weeds and/or refuse growing or accumulating upon any private property or in a public s1reet or alley, constitUtes a public nuisance, and such nuisance must be abated by the destruction or removal thereof. e NOTICE IS FURTHER GIVEN that the property owners shan, without delay, remove or cause to be removed all such weeds and refuse from their property and from the abutting half of the street in front of alleys, if any, behind 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 City of Dublin, in which case the costs will constitute a lien 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 having any objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meeting of the City Council of the City of Dublin to be held at the Dublin Civic Center 'On AprilS, 2005 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 1st day of March, 2005 ~~ ~1.1:: Kay Keck, City Óerk ~~ City of DubHn e *~5-üG cÞ. {j. A+-\z;._...:...Å'\ m eo'1"\- \ ~\~ RESOLUTION NO. 16 - O=S A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF DUBLIN . .***__..-'It.. e DECI,ARING WEEDS AND COMBUSTIBLE REFUS:& A PUBLIC NUISANCE AND ORDERING mE ABATEMENT THEREOF WHEREAS, Government Code: Section 39502 Irt. IIc:q. authorizes thc1cgi$l¡¡tive body of a city to adopt an Ordinance [0 provide for the abatement of weeds and combustible refusc; and , , WHEREAS, the Alameda County Fire Department is under contrJIçt to ¡>rovide services and exercise the: powers common to the City of Dub \in, and WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chaptet 5.70.030 of the Dublin Municipal Code [Weeds and Refuse] providing for the abatement Qfweeds and refuse. NOW, THEREFORE. BE IT RESOLVED THAT 1. Pursuant to section 5.70.303 of the Dublin Municipal Code, the Alam~ County Fire Department and the City of Dublin hereby decl4æ as public nrn8lUlces all weeds and refuse growing or- ace:ûmulatir1gupon the streets, sídewalks, and property I1S defined in section 5.70.303, in the City of Dublin. 2. The Fire Chief, or his designee, shall GaUse notice Ie Þc: given to the public in the furm and - manner- provided in sections 5.70.303 and 5.70.404 of the Dublin Municipal Code, notüying said .. public: of the passsge oftbi!i Raolution and further that on April 5, 2005 at 7;00 p.m., the City Council ofthe City of Dublin will conduct II. public hearing to hear and considor objections to this abatement order. PASSED, APPROVED, AND ADOPTED this ht day of Man:h, 2005 AYES: COWlcilmembeI'JHildenbfW1d. McCormick, Oravetz and Zi1œ, and Mayor- Lockhwt NOES: None ABSENT: NOlle ABSTAIN: None ATTEST: AI\'lD.L~' Deputy City Clerk I O'\OO.-~'HJ""",'IM..'lIMI'()S"'" ~¡;.os""" _pb.doo(~ 403) e e e e ~ ç ~ March 4, 2005 . n_ nu ~,,'-- Î ~~. TliiII ." ~ _It !l. ~........ "" "'I]T' T ~ ~......... ~- ..... ......... L ~ . ï Subject ProDertv: A.P.N. # . ---~.----- - -------- - ç: . . ...... i DUBLIN CA 94568 COURTESY NOTICE This Annual Courtesy Notice is a reminder that it is time to check your property for excessive weed growth or accwmdated combustible litter and rubbish. Annual Courtesy Notices are mailed every spring to owners of parcels that have been identified as a possible problem. The Weed, Rubbish and Litter Ordinance are 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, ITont 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 receiving violation letters and any possible enforcement action or related fees. Abatement shall be in accordance with the enclosed removal requirements. Please contact this office if you no longer own the property. The Fire Prevention Division wi1J inspect your property during the week of May 9'\ 2005 to assess potential hazards and verify compliance. If there are no violations noted, there will be no further inspections required and you will not receive any l110re letters. If it is determined that a violation is present and there is failure to abate your property, it may ultimately result in a City of Dublin contractor abating your property and an additional administrative fee being added to the contractor's cost. Ifit is necessary to place a levy on your property to recover unpaid fecs, there may also be an additional charge. If you have any objections to the proposed destruction or removal of such weeds and/or refuse, you are hereby notified to attend a meeting of the City Council for the City of Dublin to be held on AprilS, 2005, at 7:00 p.l11. at the Dublin Civic Center; when and where your concerns will be heard and given due consideration. Your cooperation will be 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 Prevention Bureau, Dublin Division at (925) 833-6606. ATTAcæT ~ ....---:-....---...., Ci\yof Dublin .~5" ue , , .............___. n. ...__. ..... .._.~._ ,... "","'" ~"",.,.,,.,_ ._._._..:._.~__.:......_.__._._._.._..____'~_.~....~,. ,_,.,.~""..,,"._,~,.~.. ~__. ._._.~_.__~._..__.. ;:;'=;:~;;:::-':::;::::',,:,;:~:;;,:,:::,::::,:,:,:~::~=====.:...~, -- --,---- --~- -----····....-'1ŒMOVAI7REQ'UIREME'NTS Weed, Rubbish, and Litter Abatement The follo~g are thb minimum reCluimrients' for removal ofwceds, rubbish, and litW. Please read,th=, entire list as Inore' than one category may apply to your property. nùmine: is not allowed, except ÌD agric1ÙtUral applications and then bypennitonly. ' RUBBISH, LITTER AND DEBRIS o " All .AJ"ea.g: Remove any 'riibbi~ gBrbage,litter, junk, old building materials, 'or other, iÍerns completely from the property and appropriately dispose of them. Maintained ·throu",uhout the year. WEEDS AND OVERGROWN VEGETATION ' o All Áreas:Pnme- any overgrown phmts, sb.ruþs or trees; remove cuttings aI!d dead tree 1Unbs. Keep all trees, shrubs" and other vegetanOIl, or portions thereof adjacent to aIJY builcling orstructare, free from dead llinbs, branches, and other combustible materiais. Mabitain five ~ (5') of vertical clearance bòtween roof surface and POrtiOIlB of trees. MWntain roof of building or str'uct11re free of leaves, needles, twigs, or othercombilstible litter. MaintBjned throughout the year. o Urban: Ab,at, e,' all exterior fire hazard, s; complete aoatement may indude Ii combinat1o)l of discin.. mowing, and spraying. Remove from the property all dead trees and maintain weeds and othW ' vegetation at II height of no more tban four incJws (4"). Native shrubbery shotùd be cleared to ,f. ' åiBtance of at least fifteen fe« (15') from the structure. Maintain txees Within one hundred f¡oet (100') of any building, structure, or w!tbin -ten feet (10') from any roadway, highway, street, alley, or driveway, so that no leafy foliage, twigs, or branches are witbin six feet (6') of the ground. The otherwise requjied six foot (6') foliagecleamnce may be modi£ed for sp(':cmc Fire Resistive Heritage Trees tiS defuJ.ed andfurlhe:r provided fo! in the City of Dublin Wildfire Management Plan. . R=ove any pomonof a'tree that: extends within t(':D, feet (10·) of the outlet of a chirnn",y or mo~pe. - - . . o Rural: Parcels, one acre orless, shall require complete abatement of all exterior fire haza:ràs. Parcels gI'Cater than one acre shöuld provide a minimum twelve-foot (12 ') firebreak. Firebreaks aJ:e to follow !IS closely as practical, the property line, .along one side 'offence lines, ditches, and en top . of ridges, or s=,;mHng siructlu'es. Trees may be left within the firebreak and shaH have low limbs tri=ed up :to a. height of six feet (6'). All builclings and structures which are upon or adjoining hazardous fire areas, shall be maintained with an effective firebreak by removing and CIearingaway flAn'rn"ble vegetation and combustible growth fromwithin·i:h.irty feet (30") of such buildings or structures. A fir6break of one htIDdred feet (100') may be required due to rerraìn, topography, or fuel. \Vherepractical, provide twelve·font (12') firebreaks from inside fence line along ill public roadways. Combustible storage, such as WJablelumber, cord fire wood, :hay or straw, shill b(': )eatiy stacked an all combustible growth shall be r=oved from within f1Íteen feet (15') of fu(': stores!... materialB. . . . . _ ~8 0·. RünJ Residential: Remove from :the prop~, witbin thirty feet (30~) immediately SUIT{;¡=dmg . strnctures, all de&ì trees, and maintain all weeds fUidothe:r ve¡eta1iop at a height of nD ·more than _ . - fourkches (4"'). NE!tive~be:ry Should be cleared to a distance of at 1ea.stfifteen·:feet (IS') of . . .......st=tu:re~..!::!1:I()Ve ~Eorti2B, of a ,!!eeÞ}'!':flç:¡¡,~.Mthi,:,. t"", feeíJµ>-~i:Qf"=-OutJ,~Qf:ª- e' ------ ···c~¡o;y ox moV'~Pipe;--Keer~ilr~:s;slU11õs.- and other veg~on .adjacent t.o or overhm¡ging_. any . . ·btùldmg or structure fi:oe of dead limbs, branches, .or other combusjible materials. Where practical, provide twelve-foot (12') :fireb~aks from insidef~fuwalong.all public roadways. COInbustible storage, such as ·U8able lUIÍ;1ber, cora :fire wood, bay or stt'aw, ShaJ1 be neatly stacked and all combuStible· growth Bhall be =oved within f1:fteon feet (lS') of stored :mateIÌal; No stack shall be located less tba.n i1rirty feet (30') from Ii bUilding or structure. CODibusb.'ble trash, iubbish, or litti:r shall be removed from the property. . If you have any questions, please contact the Alam2daCounty Fire Department, FÌTe Prevention Division, City ofDllbIin DiviSion, :ø.t'92>S33~6606. tit e