CC 2014-02-11_11.a. Introduce Ordinance - Weed AbatementMEMORANDUM
TO: CITY COUNCIL
FROM: MICHAEL E. HUBERT, FIRE CHIEF -FIVE CITIES FIRE AUTHORITY
SUBJECT: CONSIDERATION 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 11, 2014
RECOMMENDATION:
It is recommended the City Council introduce 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 will result in efficiencies for the Fire Authority
staff.
BACKGROUND:.
The City of Arroyo Grande, along with the City of Grover Beach and the Oceana Community
Services District created the Five Cities Fire Authority for the purpose of providing more
efficient and effective fire protection services within each agency's respective jurisdiction.
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;
however,· each City and the Community Services District has its own distinct process and
timetable for the abatement of weeds and dry grasses.
The Fire Chief of the Five Cities Fire Authority has recommended standardizing the process
of weed abatement within the Five Cities Fire Authority jurisdictional boundaries. · Adoption
of this proposed Ordinance, along with adoption of a similar ordinance by the City of Grover
Beach, 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 also provides that the weed abatement process will be administered by the Fire
Authority.
ANALYSIS OF ISSUES:
Community services districts are authorized by Government Code Section 611 OO(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
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION 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 11, 2014
PAGE2
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. The proposed 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 the proposed Ordinance
includes an optional procedure for collection of weed abatement charges on the tax roll,
after holding a required public hearing.
In order for all three parent agencies to have the same process for weed abatement, staff is
recommending that the Cities of Arroyo Grande and Grover Beach adopt and incorporate by
reference the provisions of Health and Safety Code Sections14875, et seq. as an alternative
weed abatement procedure.
In addition, it is recommended the Five Cities Fire Authority be designated to hold all
hearings, issue all notices and otherwise implement the Health and Safety Code weed
abatement procedures, so that all three agencies that make up the Joint Powers Authority
are using the same weed abatement process. The proposed Ordinance will add a
provision to the Arroyo Grande Municipal Code to provide for the adoption and incorporation
by reference of Health and Safety Code Seetions 14875, et seq. as an alternative weed
abatement procedure for the City of Arroyo Grande and designate the Five Cities Fire
Authority to implement its procedures.
Staff is also coordinating with the City of Grover Beach to adopt a similar ordinance in their
Municipal Code. The Grover Beach City Attorney is working with staff to have it scheduled
in the near future.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Introduce the proposed Ordinance adding Section 8.44.060 to the -Arroyo Grande
-Municipal Code which will adopt the procedures contained in California Health and
Safety Code Sections 14875 through 14922 as an alternative weed abatement
procedure for the City, and will authorize the Five Cities Fire Authority to hold all
hearings,_ issue all notices and take all necessary actions -to implement the Health
and Safety Code weed abatement procedures; or
• Do not introduce the proposed Ordinance; or
• Provide direction to staff.
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION 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 11, 2014
PAGE3
ADVANTAGES:
The adoption of the proposed Ordinance will allow the Five Cities Fire Authority to follow the
same process as the Oceana Community Services District for the annual weed abatement ·
program. Adoption of a similar Ordinance by the City of Grover Beach will standardize the
weed abatement procedures among all three entities that have formed the Five Cities Fire
Authority resulting in reduced staff time in the weed abatement process and provide greater
efficiendes in the delivery of fire protection services.
DISADVANTAGES:
No disadvantages with the recommended action are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in accordance with the Brown Act on Thursday, February 6, 2014
and on the City's website on Friday, February 7, 2014. No public comments were received.
Item 11.a. - Page 3
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
611 OO(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 11.a. - Page 4
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 ~ecision 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 11.a. - Page 5
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 11.a. - Page 6