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Home My WebLink About0426.000- / .. , - "\ ----------------------........:--..:....:..."~- August 2, 1990 THE HONORASLE CITY COUNCIL Palo Alto. California a.end "AO Al~o Municipal Cod. Chapter 1.08 WEED ABATEMENT Members of the Council: 5 Council action is requested to amend the Municipal Code to reflect changing the responsibllity for administration of Weed Abatement from the Publi.c Works Department to the Fire Department. Tbis action ,..i11 maintain consist.ency bet .. een the Municipal Code and current. practices. Discuaslon The Fire Chief is responsible for identifying local conditions whi~ may cause or contribute to fire l including 'Weed abatement. Inspections by Fire Officers are made of streets. alleys. sidewalks l public open space and vacant. private property eaCh spring and summer where weeds become a fire hazard. The authority to inspect is provided through the Fire Code and the authority to abate weeds is identified in the Municipal Code Chapter 8~OB. The proposed lanquage in the attached ordinance identl.fies the Fire Department as responsible for administration of Weed Abatement programs to ensure authori%inq documentation of the Fire Code and the Municipal Code are consistent. ReOOMeru!.tioll staff recommends that city council approve the attached ordinance amending Chapter 8.08 of the Municipal Code changinq responsibility for administering weed abatement from the Public Works Department to the Fire Chief .. Respectfully submitted, ~~- Attachment: Ordinance, WEED AE.ATEMENT.i Chapter 8.08 eMil 421;:0 , • • , l ; ~. ~, ~ . .-, I I - . . ORDINANCE NO.~mu~~~ ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AJlENDING CHAPTER 8.08 (WEED ABATEMENT) OF THE PALO ALTO MUNICIPAL CODE TO CHANGE RESPC,NSIBILITY FOR ADMINISTERING WEED ABATEMENT TO THE FIRE CHIEF The council of the City of Palo Alto does ORDAIN as follows: SEctION 1. Chapter 8.08 of the Palo Alto Kunicipal Code Is hereby amended to read: sect.ioDs: 8 .. 08.010 8.08 .. 020 8.0B .. 030 8.08.040 B.OB.050 B .OB. 06,0 B.OB.070 B.OB.080 8.08.090 Chapter 8.08 WEED ABATEMENT Weeds as pub1ic nuisance. Resolution declaring n'uisance .. Form and publicatio·n of notice. Hearing--po~er of council. order to abate nuisance. Account and report of cost. .. Notice of report .. Hearing on cost assessment .. Collection on ta~ roll. a.08.01m Weads as public nuisance. (a) No owners agent I lessee or-other person ocoCupyinq or haviIl9 charge or control of any building. lot or premises within the city sball permit ~eeds to remain upvn the premises, or public sidewalks, or streets... or alleys bet.ween the premises and t.he center line of any public street ~r alley. (b] The word ·weeds· as used in this chapter, means all weeds growing upon streets, alleys, sidewalks, or private property in the city ar.d includes any of the fcllow·ir.'i: (1) Weeds wbich bear or may bear seeds of a downy or wingy nature. 2For abatement provisions pertaining to nuisances o,ther than weeds --See Chapter 9.56. Legislative body may declare weeds a nuisance and order the abatement thereof --See Gov. C.A •• § 39561. City ~ay compel removal of dirt, rubbish, weeds, etc~ --See Gov. C.A •• IS 39501-395,02. '-<' • 1 .. -. ' (2) Weeds and indigenous grasses which may such large qrowth as to become, 'When dry., menace to adjacent improved property. attain a fire (lJ Weeds wbicb are otherwise noxious or dangerous. (') Poison oak and poison ivy when the conditions of grortb are such as to constitute a menace to the public beal th. (5J J'.ccumulations of garden refuse., cutti1l9s and other combustible trash. (el Every property owner shall remove or destroy such weeds from his property, and in the abutting half of any street or alley between the lot lines as extended. 8.08.020 :Resolution declaring IIllisa~ce.3 Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, the council shall pass a resolution declaring the s_ame to?e a public nuisance and order the dir=eet.er= af p\il9:1ie lIer1l5 tire,'~l;lief to give not.ice of the passage of sucb resolutiou as herein provided~ and stating therein that~ unless such nuisance is abated 'Without de-lay by the aestruetioD or removal o£ such weeds l the ~ork of abating such nuisance will ~e done by the City authorities~ and the expense thereof assessed upon t.he lots and lands frotll ",hieh, and/or In the front and rear of whichI' such weeds shall have been destroyed or removed. Such resolution shall fi~ the time and place for hearing any objections to the proposed destruction or removal of such ~eeds. 8.08.el30 Form a.nd publicat.ioA oL notice. Ca) Such no,tice shall be substantially in the follo~ing form: NOTICE TO DESTROY WEEDS NOTICE IS HEREBY GIVEN that on • 19_. pursuant to the provisions of Section 8.08.020 of the Palo Alto ~nicipal Code. the City Council passed a resolution declaring that all weeds graving upon any private property or in any public street or alley~ as defined in Section 8.08.010 of the Falo Alto MuniCipal Code. constitute a public nuisan<;e, wbich nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property o"'''ners shall without delay remove all such weeds from their property. and the abutting half of the street in front and alleys. if anYr behind such property. and between the lot lines thereof as extended. or su~h 'Weeds will be destroyed or removed and sucb n~isance abated by the City authori ties. in which case the cost of such destruction or removal will be 'Resolutions declaring nuisances; law as to form. and heading of notices --See Gov. C.A .• II 39562-39566. 2 ""--' \ . , \ > ' .: ···1····· W····.'·.:.~i -", , .' '". , I , I l - /' 0 assessed upon the lots and lands from vhich, or from the tront or rear of whlch l such weeds shall have been destroyed or removed; and such cost 1II'ill constitute a lien upon such lo·ts or lands until paid, and vill be collected upon the next tax roll u·pon which qeneral municipal taxes are collected~ All property owners having any objections to the proposecl destruction or-removal of such weeds are bereby notified to attend a meeting of the Council ot said cIty, to be held in the Council Chamber of the City Ball in said city on • 19 __ • at seven-thirty p4m •• when and where their Objections viII be heard and given due consideration. Date _________________ • 19 __ " " fl"',e"Chi"~ e~~ee~er sf PWel:e wer~s City of Palo Alto (b) Such notice shall be published at least t ... ice in a newspaper publ~shed and cIrculated in saId city, the first publica tion of which -shall be at least ten {lC) days prior to the time fixed by the Council for bearing Objections. 8.08.040 Hearinq--Pover of councIl. At the time stated in the notice, the Council shall bear and consider any and all Objections to the proposed destruction or removal of such weeds~ and may continue the hearing from time to time. The Council, by motion or resolution~ shall allow or overrule any or all Objec t.ions., if any, after whicb the Council shall there'~pon }j,e deel!led to bave acquired jurisdiction to proceed and perfonn the ,...-ork of destruction and removal of such weeds. 8.08.0S0 Order to abate nuisanee. The COuncil shall by resolution order the eiEeetss!' af j3iHllie ·.efi{-s 'fiJ;:,~,,:c~Jef to abate such nuisance., or cause the same to be abated., by' ha";'iriq' the 'Weeds refe,J:'r,e:d _ to destroyed or removed". and the liiE'eetssl!' af Jllil:llie r.T~iE5 ,"l*,,~':::;~l~~ and his deputies, assistants., employees., contracting aqents or other representatives are bereby expressly authorized to enter upon private property for that purpose. Any property O'\il1er shall have the right to destroy or remove such ~eeds himself r or have th~ same destroyed or removed at his o~n expense~ provided "t-hat such weeds shall have be:e~, ,,~,emoved prior to the arrival of t.he eiree~a'f' et" plHilie eFl~s :fire"', ~,fef or his authorized representa- tives to remove them.. ,., , 8.GB.<UO Account. anc:! report of cost. The d-i-reet-eE ef lliil:llie lISl"1I:S :t:'~I::Ei::.-··;cliie,t shall keep an account of the cost of abating such rniisance and embody su-ch account in a report and assessment list to the City Council., which shall be filed ~ith the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or-parcel, t.ogether with the expEnse proposed to be assessed against each separate lot or parcel of land .. 8.08.070 Notice o~ report. The City Clerk shall post a copy of such report and assessment iist on the bulletin board near 1 • ", " \ r [ :--'~. ," , , , ", ~., , \' '.' ,: . __ -,....;.' -1,.i...-. ___ ._ . __ ...::...... __ --..:._.:-_. ___ ....... ~ o the entrance door at the City Hall~ together with a notice of the filing thereof and of the time and place ~hen and where it will be submitted to the City Council for hearing and confirmation ... notifying pr-operty o'..mers that they may appear at such time and place~ and object to any matter contained therein. A like notice shall also be published twice in a ne~spaper of general circula tion ... published and circulated yithin the City~ The posting and first publication of said notice shall be made and completed at least ten (lO) days before the time such report shall have been submitted to the City council. such notice... as so posted and published, shall be substantially in the following form: NOTI CE 0 F HEARING ON RE PORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GI~-N that on ... 19 __ • the Gi"f'ee't9!' sf Pt:telie t7eas Fire'.Chlef of the City of Palo Alto tiled with the City Clerk of s"aid 'cit:y d. report and assessment on abatement of ~eeds yithin said city~ a copy of ~hich is posted on the bulletin board at the entrance to City Hall. NOTICE IS FURTHER GIVEN that on p 19 "at the hour of seven-thirty p~m., in the Council Chambers of saidCity Hall~ said report and assessment list ~i11 be presented to tbe City council of said City for consideration and confirmation. and that any and all persons interested p baving any objections to said report and assessment list. or to any matter or tbing contained therein. may appear at said time and place and be heard~ Dated: ___________________ , 19 __ ~ City clerk of the city of Palo Alto a~oa.oao Bearinq on cost .assessment. (al At the time and place fixed for receiving and considering such report ... the City council shall hear the same together ~ith any objections "'bich :may be raised by any of the property owners liable to be assessed for t!le ~.r;~'-k ~f 3=;:": ~~q sue!! m;isance, and the a:.:_ ee1:sF Gf plr:l:Bl':e ·'-6'f'~S fire chief shall a't-tend such meeting .ito his r2cord thersoi, and upen such hearing. the council may :make sue-h modifications in the proposed. assessments therefor as it may deem necessary .. after ""hich such report and assessment list shall ~e confirmed by resoluti~n. (b) The amount of the cost of abating such nuisa:1Ce upon, or in the front or rear of. the varieus lots cr parcels of land respectively referred to in such report. shall co,nstitute special assessments aga.inst such respective lots or parcels of land. and after thus made and confirmed ... shall constitute a lien on such property for the amount of such assessments. until paid. 8.0a~090 Collection en tax roll. of Sept-ember of each year ~ the amoul"'ts of the respective parcels of land shall be roll which general City taxes are to be 'L On or-before the 1st day such assessments against entered en the next tay collected. Thereafter. '. ~:~:-- ~ • , ··1 'J ;jl - ... ..- .. such amounts shall be collected at the same time l and in the same manner. as general City taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquencies. All laws applicable to the levy, collection and enforce.ment of city taxes are bereby made applicable to $ueh assessments. SEctION 2. The Council finds that this not a project under the California Environmental Quality Act. SECTION 3. This ordinance shall become effective upon the commencement ot the thirty-first day after the dat.e of its adoption. INTROOOCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT; ATTEST: A?PRQVED: City Clerk J'!ayo"C APPROVED AS ro FORM: City Manager Sr. Assistant City Attorney swcS/ 1/ 9 O!;dc 5 c .• __ ,.~,. _. __ >,._. •