Loading...
HomeMy WebLinkAbout6.1 Weed and Combustible Refuse Abatement OrderSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 6.1 DATE:April 5, 2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Weed and Combustible Refuse Abatement OrderPreparedby:Bonnie Terra,Division Chief EXECUTIVE SUMMARY:The City Council will conduct the public hearing in accordance with Resolution 06-22 (adopted February 1, 2022) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks,and property in the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION:Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process. FINANCIAL IMPACT:Initial cost of abatement and administration fee will be billed to the property owners if they fail to abate the problem. There will be no net cost to the City. DESCRIPTION:In accordance with Resolution No. 06-22 (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 with 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 1, 2022. Following that approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year, 184 inspections were conducted during the week of March 7, 2022 and 57 First Notice letters 149 Page 2 of 2 (Attachment 3) were sent to property owners during the week of March 14, 2022 advising them to abate the hazard. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a public notice was published in the East Bay Times and posted in several locations throughout the City. The Staff Report and attachments were made available for public review 10 days prior to the public hearing. The City Council Agenda was posted. ATTACHMENTS:1) Resolution 06-22 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof 2) Notice to Destroy or Remove Weeds and Refuse 20223) First Notice Letter 150 Reso. No. 06-22, Item 4.3, Adopted 02/01/2022 Page 1 of 1 RESOLUTION NO. 06 - 22 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 of the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin 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 an d refuse growing or accumulating upon the streets, sidewalks, and property as defined in section 5.70.030, in the City of Dublin. BE IT FURTHER RESOLVED that 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, 2022 at 7:00 p.m., the City Council of the City of Dublin will conduct a pu blic hearing to hear and consider objections to this abatement order. PASSED, APPROVED AND ADOPTED this 1st day of February 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk DocuSign Envelope ID: 8717D921-3D5C-4E5D-9EBF-113A0073C8AA Attachment 1 151 Attachment 2 CITY OF DUBLIN and ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on February 1, 2022, 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, 2022, at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 1st day of February, 2022 Marsha Moore, City Clerk City of Dublin PUBLICATION INSTRUCTIONS: 1)Saturday – March 19, 2022 (Must appear at least 10 days before the hearing. [sec. 6062(a) CGC].) 152 March 14, 2022 «Property_Owner» «Mail_to_COMPANY» «Mail_to_ADDRESS» «Mail_to__CITY_STATE_ZIP» SUBJECT PROPERTY «Parcel_No» «Street_» «Street_Name» The above subject property was inspected the week of March 7, 2022 and determined to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The Weed, Rubbish and Litter Ordinance 13-97 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, 2022, to hear and consider objections to this abatement order. The Fire Prevention division will re-inspect your property on or after April 11, 2022, to verify compliance. If there are no violations noted, there will be no further notices or 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. If you have any questions regarding this notice, please contact the Alameda County Fire Department, Dublin Fire Prevention Division at (925) 833-6606. Enclosure Attachment 3 153