O 659 ORDINANCE NO. 659
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
ORDINANCE NO. 659
PAGE 2
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 fad 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 of Council Member Costello, seconded by Council Member Brown, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Brown, Bameich, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 25th day of February, 2014.
ORDINANCE NO. 4,51
PAGE 3 l. ettekti
TO F MAYOR
ATTEST:
KELLY ' M• , CITY CLERK
APPROVED AS TO CONTENT:
STEVEN-AD S, CITY MANAGER
APPROVED AS TO FORM:
�
, `-E?^"'
TIM THY J. EL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 659 which was
introduced at a regular meeting of the City Council on February 11, 2014; was
passed and adopted at a regular meeting of the City Council on the 25th day of
February 2014; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th
day of February 2014.
/al l _1
KELLY n•RE, CITY CLERK