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HomeMy WebLinkAboutItem 4.5 Weed Abatement STAFF REPORT CITY CLERK File #540-50 CITY COUNCIL DATE:February 4, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, Acting City Manager SUBJECT: Declaration of Weed and Combustible Debris Abatement Prepared by Bonnie S. Terra, Division Chief/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. This declaration requires the Fire Chief or his designee 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. FINANCIAL IMPACT: None RECOMMENDATION: Resolution Staff recommends that the City Council adopt proposed Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; direct Staff to notify the public of the adoption of this Resolution; and schedule a public hearing for the April 1, 2014 City Council meeting at which time the City Council will hear and consider objections to this abatement order. Submitted By Reviewed By Division Chief/Fire Marshal Acting Assistant City Manager 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 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. ITEM NO. 4.5 Page 1 of 2 The proposed public hearing date will be April 1, 2014 with the intention of allowing for the abatement process to be completed prior to June 30, 2014. 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. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not Applicable ATTACHMENTS: 1. Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof Page 2 of 2 RESOLUTION NO. -14 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 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 abate 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 nuisa growing or accumulating upon the streets, sidewalks, and propert 5.70.030, in the City of Dublin. 2. The Fire Chief, or his designee, shall cause notice to be gi and manner provided in sections 5.70.030 and 5.70.040 of the Dub said public of the passage of this Resolution and further that on April 1, 2014 at 7:00 p.m., the City Council of the City of Dublin will conduct a public hearing this abatement order. PASSED, APPROVED AND ADOPTED this 4th day of February, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk ATTACHMENT 1