HomeMy WebLinkAboutItem 6.2 Weed Abatement G~~~ OF DU~~fG
~9'~~~`8z STAFF REPORT CITY C L E R K
~ ~ DUBLIN CITY COUNCIL File #
O~LIFOR~~~
DATE: April 5, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJ Public Hearing: Weeds and Combustible Refuse Abatement Order
Prepared ey.• Bonnie Terra, Fire Marshal
EXECUTIVE SUMMARY:
In accordance with Resolution 12-11 (adopted February 15, 2011), the City Council declared
that there is a public nuisance created by weeds and combustible debris growing and
accumulating upon the streets, sidewalks and property within the City. Notice of this was
posted and letters sent to those property owners with violations.
FINANCIAL IMPACT:
Initial cost of abatement and administration fee will be billed to the property owners. There will
be no net cost to the City.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive the Staff Report; 2) Open the Public
Hearing; 3) Receive Public Testimony; 4) Close Public Hearing; and 5) Direct Staff to continue
the weed abatement process.
c
Submitted Revie By
Fire Marshal Assistant City Manager
Page 1 of 2 ITEM NO. ~ °
DESCRIPTION:
In accordance with Resolution No. 12-11 (Attachment 1), 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 February 15, 2011. Following
that approval, notice was posted (Attachment 2) as well as abatement Notice to Destroy- or
Remove Weeds and Refuse. .Last year, initial notices were sent to 145 property owners to
abate the hazard. This year inspections were conducted the week of March 21, 2011 and
subsequently notices went out the week of March 28, 2011 (Attachment 3).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published twice in the Valley Times and
posted at several locations throughout the City. The Staff Report and attachments were made
available for public review 10 days prior to the public hearing.
ATTACHMENTS: 1. Resolution No. 12-11
2. Notice To Destroy or Remove Weeds and Refuse
3. Copy of Notice To Destroy or Remove Weeds and Refuse
Letter
Page2of2
i
RESOLUTION NO. 12 -11
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 combtastible 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 5, 2011 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 15th day of February, 2011, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
City Clerk,
Reso No..12-11, Adopted 2-15-11, Item a.2 Page 1 of 1 ~
r~..`
ATTACHMENT 1
CITY.OF DUBLIN
And
ALAMEDA COUNTY FIRE DEPARTMENT
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
NOTICE IS HEREBY GIVEN that on February 15, 2011 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 5, 2011 at 7:00
p.m., when their objections will be heard and given due consideration.
Dated: This 15th day of February, 2011
ti
Caroline Soto, City Clerk
City of Dublin
ATTACHMENT 2
a,, .
March 28, 2011
«Property_Owner»
«Mailing_Address»
«Street » «Street Name»
Dublin, CA 94568
SUBJECT PROPERTY:
Parcel No»
«Street » «Street Name»
^ _ _
The above subject property was inspected during the week of March 21, 2011 and
determined to be in violation of Section 5.70.020 of Chapter 5.70 of the Municipal
Code of the City of Dublin. The Weed, Rubbish and Litter Ordinance 13-97 is
designed to minimize or eliminate weeds, or other nuisances, before they become a
hazard. The Ordinance applies to violations anywhere on the property, whether in .
an open field, front yard, enclosed side yard, or rear yard. A copy of the removal
requirements is enclosed for your reference.
By checking your property now and eliminating any hazards you can avoid possible
enforcement action and any related fees. Abatement shall be in accordance with the
. enclosed removal requirements.
The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April
5, 2011 to hear and consider objections to this abatement order.
The Fire Prevention division will re-inspect your property on or after April 18, 2011 to
verify compliance. If there are no violations noted, there will be no further inspections
required.
Failure to abate your property may ultimately result in a City of Dublin contractor
abating your property and an additional administrative fee being added to the
contractor's cost. If it becomes necessary to place a levy on your property to recover
unpaid fees, there may also be an additional charge.
Remember, to avoid any charges or a citation, all weeds and debris must be
removed by the above listed date'and maintained throughout the year.
Your cooperation is appreciated, and we thank you for your efforts in maintaining a
fire safe community.
tf you have any questions regarding this notice, please contact the Alameda County
Fire Department, Dublin Fire Prevention Division at 925-833-6606.
ATTACHMENT 3