HomeMy WebLinkAbout4.7 Declaration of Weeds and Combustible Debris Abatementsus
DUBLIN
STAFF REPORT
CITY COUNCIL
Agenda Item 4.7
DATE: February 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Declaration of Weeds and Combustible Debris Abatement
Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:
The City Council will consider declaring that there is a public nuisance created by weeds and
combustible debris growing and accumulating upon the streets, sidewalks, and property within
the City of Dublin.
STAFF RECOMMENDATION:
Adopt the Resolution 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 4, 2023 City Council meeting at which time the City Council
will hear and consider objections to this abatement order.
FINANCIAL IMPACT:
None.
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 and refuse removed.
The proposed public hearing date will be April 4, 2023 with the intention on allowing for the
abatement process to be completed prior to June 23, 2023. Starting the process at this time will
allow for Staff to complete the process within the time frame while still abiding by the City's
applicable ordinances.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the
Abatement Thereof
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RESOLUTION NO. 12 — 23
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:
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 4, 2023, 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 2023, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. 12-23, Item 4.7, Adopted 02/07/2023 Page 1 of 1