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HomeMy WebLinkAboutItem 6.2 CombustbleRefuseAbatemnt CITY CLERK File # Db5J~[(l]-b3Jt{i] AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 17, 2007 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 3) Copy of Notice To Destroy or Remove Weeds and Refuse Letter RECOMMENDATI~~:aD( 1) Open Public Hearing r\I/V'~ 2) Receive Staff Report ~ ~ 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. 22-07, 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 ofthe owners, have the weeds or refuse removed. The declaration of a hazard was approved by the City Council on March 6, 2007. 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 5) Direct staff to continue the weed abatement process. ------------------------------------------------------------------------------------------------------------- I ~ 'I ITEMNO.~ COPY TO: v f~ 4 CITY OF DUBLIN And ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on March 6, 2007 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 17, 2007 at 7: 00 p.m., when their objections will be heard and given due consideration. Dated: This 6th day of March, 2007 ~~ -----f Fawn Holman, City Clerk City of Dublin ---t b 2 4/ /l f 0 7 1H-em:rr . lnlCDIT 1. z~ '-f RESOLUTION NO. 22 - 07 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 bodyof 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 ofthe 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 ofthe 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 ofthis Resolution and further that on April 17, 2007 at 7:00p.m., the City Council ofthe City of Dublin will conduct a public hearing to hear and consider objections to this abatement order. PASSED, APPROVED AND ADOPTED this 6th day of March, 2007, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTESl 1\ t \ /1 \ \\ 1-1 ----r7\..u W\....7\6 ,-/-yv--e..-,~. ----. City clerk Reso No. 22-07, Adopted 3/6/07, Item 4.3 Page 1 of 1 ATTACHMENT 2 3 c:f Lf CITY OF DUBLIN "Celebrating 25 Years Of Cityhood 1982-2007" 100 Civic Plaza, Dublin, California 94568 Website: http://www.cLdublin.ca.us March16, 2007 1JlL'< .' J~__ l1il DUBLIN CA 94568 FOR PROPERTY Jf -L f , DUBLIN CA Parcel No. 941-0"1' -..-. NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE The above subject property was inspected during the week of March 5th, 2007 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 Mav 6th, 2007. By elirnillating 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 cOhtinues 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 additlonal administrative charges, REMEMBER, to avoid any charges or a citation, all weeds and debris must be removed by the above listed date and maintained throu!!hout 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!7, 2007 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. Enc ATTAUDENT 3 Area Code (925) . City Manager 833-6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650 Finance 833-6640 . Public Works/Engineering 833-6630 . Parks.3< COl1lmuniiy Services 8'33-6645 . Police 833-6670 Plannin9/Code Enforcernem 833<<6610 . Building Inspection 833-6620 Fire Prevenlion Bureau 833-6606 Printed 017 Recycled Paper REMOVAL REQUIREMENTS Weeds, Rubbish, and Litter Abatement 4- rq. If The following are the minimum requirements for removal of weeds, rubbish and litter. Burning is not allowed within the City of Dublin. All areas must be maintained throughout the year as . follows: RUBBISH, LITTER AND DEBRIS Remove any rubbish, garbage, litter, junk, old building materials, or other items completely from the property and appropriately dispose of them. WEEDS AND OVERGROWN VEGETATION All Parcels: Prune any overgrown plants, shrubs or trees; remove cuttings and dead tree limbs. Keep all trees, shrubs, and other vegetation, or portions thereof adjacent to any building or structure, free from dead limbs, branches, and other combustible materials. Maintain five feet (5') of vertical clearance between roof surface and portions of trees. Maintain roof of building or structure free ofleaves, needles, twigs, or other combustible litter. Developed Parcels: Remove from the property all dead trees and vegetation to a height of no more than four inches (4"). Non-irrigated vegetation should be cleared to a distance of at least fifteen feet (15') from the structure. Remove any portion of a tree that extends within ten feet (10') of the outlet of a chimney or stovepipe. Trees within one hundred feet (100') of any building, structure, or within ten feet (10') from any-roadway, highway, street, alley, or driveway shall be maintained, so that no leafy foliage, twigs, or branches are within six feet (6') or the ground; This six foot (6') foliage clearance may be modified for specific Fire Resistive Heritage Trees as defined and further provided for in the City of Dublin Wildfire Management Plan. Undeveloped Parcels: · Parcels, one acre or less, shall require complete abatement of all exterior fire hazards. Parcels greater than one acre should provide a minimum twelve-foot (12') firebreak. The firebreak shall follow as closely as practical, the property line, along one side of fence lines, ditches, and on top of ridges, or surrounding structures. Trees may be left within the firebreak and shall have low limbs trimmed up to a height of six feet (6'). All buildings and structures which are upon or adjoining hazardous fire areas, shall be maintained with an effective firebreak by removing and clearing away flammable vegetation and combustible growth from within thirty feet (30') of such buildings or structures. A firebreak of one hundred feet (100') may be required due to terrain, topography, or fuel. Where practical, provide twelve-foot (12') firebreaks from inside fence line along all public roadways. Combustible storage, such as usable lumber, cord firewood, hay or straw, shall be neatly stacked and all combustible growth shall be removed'from within fifteen feet (15') of the stored materials. If you have any questions, please contact the Dublin Fire Prevention office at 925-833~6606.