HomeMy WebLinkAboutItem 4.02 Weed Abatement~~~~~
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 17, 2009
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
Declaration of Weeds and Combustible Refuse as a Public Nuisance
Report Prepared by Bonnie Terra, Fire Marshal
1) Proposed Resolution
1) Adopt Resolution of the City Council of the City of Dublin
declaring weeds and combustible refuse a public nuisance
and ordering the abatement thereof;
2) Direct Staff to notify the public;
3) Schedule a public hearing for Apri17, 2009 to hear and
consider objections to abatement order
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,
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 7, 2009 with the intention of allowing for the abatement
process to be completed prior to July 4`h. 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.
RECOMMENDATIONS: 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 7, 2009 City Council meeting at which time the City Council will hear and consider objections
to this abatement order.
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COPY TO:
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ITEM NO.
iii
RESOLUTION NO. -09
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 5.70.030 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 7, 2009 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 17th day of February, 2009, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY CLERK
MAYOR
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