HomeMy WebLinkAboutItem 6.1 Abatemnt Weeds & Refuse
CITY CLERK
File # D[3J[f][QJ-[3]~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 15, 2008
SUBJECT:
Public Hearing: Weeds and Combustible Refuse Abatement Order
Report Prepared by: Bonnie Terra, Fire Marshal
ATTACHMENTS:
1) Notice To Destroy or Remove Weeds and Refuse
2) Resolution No. 34-08
3) Copy of Notice To Destroy or Remove Weeds and Refuse Letter
RECOMMENDATION: 1) Open Public Hearing
LJ # 2) Receive Staff Report
j ''f . 3) Receive Public Testimony
4) Close Public Hearing
5) Direct Staff to continue the weed abatement process
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. 34-08, 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 March 4, 2008. Following that
approval, notice was posted as well as abatement Notice to Destroy or Remove Weeds and Refuse notices
were sent to known existing property owners to abate the hazard.
Staff recommends that the Council conduct a public hearing to: 1) Open public hearing; 2) Receive staff
report; 3) Receive public testimony; 4) Close public hearing; and 5) Direct staff to continue the weed
abatement process.
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COPY TO:
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ITEM NO. b. /
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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 4, 2008 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 of the City of Dublin adopted a
resolution declaring that all weeds and/or refuse growing or
accumulating upon any private property or in a public street or alley,
constitutes a public nuisance, and such nuisance must be abated by the
destruction 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 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 April 15, 2008 at 7:00
p.m., when their objections will be heard and given due consideration.
Dated: This 4th day of March, 2008
Carolyn Parkinson, Interm City Clerk
City of Dublin
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ATTACHMENT 1
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RESOLUTION NO. 34 - 08
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 defmed 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 15, 2008 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 4th day of March, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTJf: /
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Deputy City Clerk
Reso No. 34-08, Adopted 3/04/08, Item 4.11
Page 1 of 1
ATTACHMENT 2
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March 17, 2008
xxxxxxxxxxx
XXXXXXXXXXXXX
DUBLIN CA 94568
FOR PROPERTY: XXXXXXXXX , DUBLIN CA
Parcel No. XXX-XX-XXX
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
The above subject property was inspected during the week of March 10, 2008
and determined 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 of rubbish,
garbage, grass, weeds, and other rank growth which may cause fire hazards
which 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 14. 2008. By eliminating all hazards by this date, you will
avoid further enforcement action.
After the above listed date, a re-inspection will be 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 cost. 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 throuahout the year.
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
Council of the City of Dublin to be held at City Hall on April 15. 2008 at 7:00
p.m., when and where their objections will be heard and be given due
consideration.
Thank you for your cooperation. If you have any questions regarding this notice,
please contact the Dublin Fire Prevention Office at 925-833-6606.
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ATTACHMENT 3