HomeMy WebLinkAboutItem 4.02 Weed Abatement~~~~ Off' nU~~~
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #540-50
February 7, 2012
Honorable Mayor and City Councilmembers
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Joni Pattillo, City Manager ° ~'
Declaration of Weeds and Combustible Refuse as a Public Nuisance
Prepared by Bonnie Terra, Fire Marshal
EXECUTIVE SUMMARY:
In accordance with Dublin Municipal Code section 5.70.030, the City Council may declare that
there is a public nuisance created by weeds and combustible debris growing or accumulating
upon the streets, sidewalks and property within the City of Dublin.
FINANCIAL IMPACT:
None
RECOMMENDATION:
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
3, 2012 City Council meeting at which time the City Council will hear and consider objections to
this abatement order.
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Submitted By
Fire Marshal
DESCRIPTION:
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Reviewed By
Assistant City Manager
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 or 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 3, 2012 with the intention of allowing for the
abatement process to be completed prior to June 30, 2012. Starting the process at this time will
Page 1 of 2 ITEM NO. 4.2
allow for Staff to complete the process within that timeframe while still abiding by the City's
applicable ordinances.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not Applicable
ATTACHMENTS: 1. Resolution Declaring Weeds and Combustible Refuse a Public
Nuisance and Ordering the Abatement Thereof
Page 2 of 2
RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 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 3, 2012 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 February, 2012, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 1