CC 2014-02-25_08.j. Adoption of Weed Abatement OrdinanceMEMORANDUM
TO: CITY COUNCIL
FROM: MICHAEL E. HUBERT, FIRE CHIEF -FIVE CITIES FIRE AUTHORITY
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE ADDING SECTION
8.44.060 TO CHAPTER 8.44 ·OF TITLE 8 OF· THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO WEED ABATEMENT
DATE: FEBRUARY 25, 2014
RECOMMENDATION:
It is recommended the City Council adopt an Ordinance adding Section 8.44.060 to Chapter
8.44 of Title 8 of the Arroyo Grande Municipal Code relating to weed abatement.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
Standardizing weed abatement procedures amongst the cities of Arroyo Grande, Grover
Beach and the Oceana Community Services District will result in efficiencies for the Fire
Authority staff.
BACKGROUND:
On February 11, 2014, the City Council voted unanimously to introduce an Ordinance
standardizing the process of weed abatement within the Five Cities Fire Authority
jurisdictional boundaries by adding Section 8.44.060 to Chapter 8.44 of Title 8 of the Arroyo
Grande Municipal Code.
By adoption of this Ordinance, along with adoption of a similar ordinance by the City of
Grover Beach, it will standardize the weed abatement process within the Five Cities Fire
Authority by providing that both cities follow the same procedures followed by community
service districts. It will also provide that the weed abatement process be administered by
the Fire Authority.
ANALYSIS OF ISSUES:
Community services districts are authorized by Government Code Section 61100(t) to follow
the procedures in Health and Safety Code Sections 14875, et seq. to abate weeds. Cities
are authorized pursuant to Government Code Section 39502 to adopt an ordinance to
require the removal of noxious and dangerous weeds and can make the cost of removal a
lien on the property. Arroyo Grande Municipal Code currently contains Chapter 8.44 which
provides a procedure for removal of weeds upon inspection and notice to remove, and if the
weeds are not removed, the removal can be performed by the City with the costs then
assessed against the property. This Ordinance provides a very similar, albeit more
statutorily detailed process for weed abatement by the enforcing jurisdiction (in this case the
Five Cities Fire Authority). The principal difference is· that this Ordinance includes an
Item 8.j. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE ADDING SECTION 8.44.060 TO
CHAPTER 8.44 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING
TO WEED ABATEMENT
FEBRUARY 25, 2014
PAGE2
optional procedure for collection of weed abatement charges on the tax roll after holding a
required public hearing.
In addition, the Five Cities Fire Authority will be designated to hold all required public
hearings, issue all notices and otherwise implement the Health and Safety Code weed
abatement procedures, so that all three parent agencies of the Joint Powers Authority will
be using the same weed abatement process. This Ordinance adds a provision to the
Arroyo Grande Municipal Code to provide for the adoption and incorporation by reference of
Health and Safety Code Sections 14875, et seq. as an alternative weed abatement
procedure for the City of Arroyo Grande and designates the Five Cities Fire Authority to
implement the procedures.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Approve staffs recommendation;
• Do not approve staff's recommendation;
• Modify as appropriate and approve staff's recommendation; or
• Provide direction to staff.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. This item is exempt from CEQA pursuant
to Section 15308 of the CEQA Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the Ordinance was published in The Tribune on Tuesday, February 18, 2014,
pursuant to State law. The Agenda was posted in accordance with the Brown Act on
Thursday, February 20, 2014 and on the City's website on Friday, February 21, 2014. No
public comments were received.
Item 8.j. - Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING SECTION 8.44.060 TO CHAPTER 8.44
OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO WEED ABATEMENT
WHEREAS, the City of Arroyo Grande, along with the City of Grover Beach and the Oceano
Community Services District created the Five Cities Fire Authority under a Joint Powers
Agreement dated July 9, 2010 for the purpose of providing more efficient and effective fire
protection services within each agency's respective jurisdictions; and
WHEREAS, pursuant to the Joint Powers Authority Agreement, since 2011 the Five Cities
Fire Authority has annually administered the weed abatement programs in accordance with
the ordinances and procedures for each of the three agencies; and
WHEREAS, each City and the Community Services District has its own distinct process and
timetable for the abatement of weeds and dry grasses and the Fire Chief for the Five Cities
Fire Authority has recommended that standardization of the weed abatement programs of
the parent agencies will provide greater efficiencies in the delivery of fire protection
services; and
WHEREAS, Community Services Districts are authorized by Government Code Section
61100(t) to follow the procedures in Health and Safety Code Sections 14875, et seq to
abate weeds, and pursuant to Government Code Section 39502, cities may adopt an
ordinance to provide for the removal of weeds and can make the cost of removal a lien on
the property; and
WHEREAS, based upon the foregoing, the Cities of Arroyo Grande and Grover Beach have
determined that they should adopt and incorporate by reference the provisions of Health
and Safety Code Sections 14875, et seq as an alternative weed abatement procedure, and
provide that the Five Cities Fire Authority hold all hearings, issue all notices and otherwise
implement the weed abatement programs, so that all three agencies that make up the Joint
Powers Authority are using the same weed abatement process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Section 8.44.060 is hereby added to Chapter 8.44 of Title 8 of the Arroyo
Grande Municipal Code to read as follows:
"8.44.060 Alternative Weed Abatement Procedures; Five Cities Fire Authority."
A. This Section is adopted pursuant to the authority set forth in California Government
Code Section 39502 in order to provide for the removal of all weeds, rubbish, and
other materials dangerous or injurious to neighboring property or the health and
welfare of residents of the vicinity and to make the cost of removal a lien upon the
property. In addition to other procedures for the abatement of weeds, grass and
Item 8.j. - Page 3
ORDINANCE NO.
PAGE2
rubbish, the City hereby adopts the procedures contained in California Health and
Safety Code Sections 14875 through 14922 as its alternative weed abatement
procedure.
B. In accordance with Section 2.12.010, which deems the Five Cities Fire Authority to
be the fire department for the City of Arroyo Grande, the Five Cities Fire Authority is
hereby authorized to hold all hearings, issue all notices and take all necessary
actions to implement the weed abatement procedures contained in California Health
and Safety Code Sections 14875, et seq.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 3. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15)
days after adoption of the Ordinance, the summary with the names of those City Council
Members voting for and against the Ordinance shall be published again, and the City Clerk
shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member _____ , seconded by Council Member ____ , and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ___ day of _____ , 2014.
Item 8.j. - Page 4
ORDINANCE NO.
PAGE3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.j. - Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Item 8.j. - Page 6