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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: June 24, 2003

Subject/Title: Public Hearing for consideration of a resolution confirming the existence of a public nuisance by reason of keeping noxious weeds, creating a potential fire hazard, and authorizing staff to contract for abatement of parcels in non-compliance, 14 days from the date of this hearing.

Submitted by: Community Development Department (M. Oshinsky/B. Arteaga)

Approved by: John Stevenson, City Manager

RECOMMENDATION:
Adopt a Resolution confirming the existence of a public nuisance on various properties throughout the City and authorizing staff to contract for the abatement of weeds on those parcels.

PREVIOUS ACTION:
Ordinance #253 was adopted in 1974

BACKGROUND:
In 1974 Ordinance 253 was adopted authorizing city staff to conduct routine annual inspections to identify potential fire hazards caused by the accumulation of dry weeds and/or combustible debris.

DISCUSSION:
This year Staff identified 89 parcels where weeds and/or combustible debris were present. The owners of the parcels, which were found to be in noncompliance with the City’s Weed Abatement Standards, were notified and a request was made for the removal of weeds and/or combustible materials from their properties within 14 days. After the expiration of the 14-day grace period the parcels which did not comply with the original request to remove noxious weeds or combustible materials were requested to appear before City Council at a public hearing. The purpose of the public hearing is to hear testimony from any party concerning the abatement of weeds from the affected parcels.

Should the City Council approve the resolution as presented, staff will notify the affected property owners of Councils decision. Owners will then be given an additional 14 days in which to abate the nuisance. If the nuisance is not abated, staff will review bids, contract for the abatement of the nuisance and upon completion of the abatement work, return to Council to present the costs associated with the weed abatement, and request that said costs be levied against the properties as a special assessment.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING EXISTENCE OF A PUBLIC NUISANCE BY REASON OF KEEPING NOXIOUS WEEDS AND/OR COMBUSTIBLE DEBRIS, THEREFORE CREATING A POTENTIAL FIRE HAZARD ON VARIOUS PROPERTIES THROUGHOUT THE CITY AND AUTHORIZING STAFF TO CONTRACT FOR THE ABATEMENT OF THOSE PARCELS.

WHEREAS, in accordance with Section 8.12.030 of the City of Brentwood’s Municipal Code, staff inspected and identified 89 parcels where weeds and/or combustible debris is present, and which are hereby declared to be a public nuisance; and

WHEREAS, 89 property owners were notified to abate noxious weeds and/or combustible debris; and

WHEREAS, (numbers to be determined on June 24, 2003) parcels have failed to comply with the Notice and Order; and

WHEREAS, failing to abate the noxious weeds and/or combustible debris constitutes a public nuisance by reason of keeping and maintaining an immediate fire hazard; and

WHEREAS, on June 24, 2003, the City Council of the City of Brentwood, held a public hearing;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood, hereby confirms the immediate existence of a public nuisance on those parcels listed in the attached Exhibit “A” and orders the immediate abatement of those parcels found to be in noncompliance 14 calendar days from the adoption of the Resolution.

BE IT FURTHER RESOLVED that the City Council in accordance with Section 8.12.040 of the City of Brentwood’s Municipal Code and Section 39501 of the Government Codes authorizes staff to proceed with the abatement as follows:

1. Notify owners of the adoption of a Resolution ordering the voluntary abatement within 14 days or, if compliance is not achieved, the City will abate the nuisance.

2. Review and administratively accept bids for the abatement of the work.

3. Return to Council for the levy of costs, and the placement of property tax liens.

PASSED by the City Council of the City of Brentwood at its regular meeting on the 24th day of June, 2003, by the following vote:

Attachments
Exhibit A – List of Property Owners

City Administration
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