CITY COUNCIL AGENDA ITEM
June 22, 2004
Subject/Title: Public Hearing to consider 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 noncompliance, 14 days from the date of this hearing.
Prepared by: R. Bienemann, Code Enforcement Officer
Submitted by: Howard Sword, Director of Economic Development
Adoption of 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.
Ordinance #253 was adopted in 1974.
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.
This year staff identified 115 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 21 days. After the expiration of the 21-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
Should Council approve this Resolution as presented, staff will notify the
affected property owners of Council’s decision. Owners will then be given an
additional 14 days to abate the nuisance. If the nuisance is not abated,
staff will review bids and contract for the abatement of the nuisance. Upon
completion of the abatement work, staff will 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.
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 115 parcels where weeds
and/or combustible debris is present, and which are hereby declared to be a
public nuisance; and
WHEREAS, 115 property owners were notified to abate noxious weeds and/or
combustible debris; and
WHEREAS, (numbers to be determined on June 22, 2004) 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, a Notice of Public Hearing was published in the Brentwood News on
June 11, 2004, in accordance with City policies and Government Code Section
WHEREAS, on June 22, 2004, the City Council of the City of Brentwood, held a
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
PASSED by the City Council of the City of Brentwood at its regular meeting
on the 22nd day of June, 2004, by the following vote:
Exhibit A – List of Property Owners
WEED ABATEMENT 2004
Name/Mailing Address Site location APN# Case#
1. Tom & Julie Bui 60 Beverly Place 018 230 027 1642
307 Arqueado Dr.
San Jose, CA 95148
2. Kelly Kikkert same 019 032 010 1657
2251 Shady Willow Ln.
Brentwood, CA 94513
3. Thomas & Carolyn Oneil 2201 Shady Willow Ln. 019 032 011 1658
333 Chardonnay Circle
Clayton, CA 94517
Dirk & Sonia Davis 2201 Shady Willow Ln. 019 032 011 1658
971 Orchid Drive
Brentwood, CA 94513
4. Rodney R. & Susan P. Johnson 400 Concord Ave. 010 010 032 1729
2501 Fremont Ave.
Modesto, CA 95350
5. Norman & Gloria Bradshaw 2940 O’Hara Ave. 018 060 052 1734
803 Whitehaven Ct.
Antioch, CA 94509