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17. Adopt a resolution declaring that weeds, dirt, rubbish and refuse upon or in front of certain described properties within the City constitute a public nuisances and that they be abated, and set a public hearing regarding abatement Fire Chief James Miguel presented a brief overview of the staff report. He explained that staff is requesting authorization to serve notice to properties containing weeds, trash or other fire hazards in violation of the State Fire Code. The department performs an annual audit each spring with the hope of serving notice and achieving a May 31st compliance date, before the height of the fire season. The department also conducts outreach to the entire community, providing education on what constitutes a hazard and encouraging them to abate any that might be present. Chief Miguel noted that while they do achieve tremendous compliance in Pleasanton, the properties listed are open space or vacant parcels that have experienced past issue either because of third-party or out of town ownership or because someone is unable to perform the work. With the Council's permission, the property owners will be noticed again and if not abated, staff will come back before the Council in a public hearing and seek permission to force clean the property. He explained that this is a component of the blight effort in Pleasanton but that the conditions on such properties impose a justified fire hazard, either due to overgrowth or what is called "ladder fuel." He also explained that the hazardous condition must be visible from the street or some other location that staff can legally access without the permission of the property owner. Councilmember Brown asked whether many of the properties are bank owned foreclosures. Chief Miguel said that was very much the case when he first joined Livermore Pleasanton Fire Department but that banks are now taking greater responsibility in preparing the properties for an expeditious sale. He said the single greatest problem, while not widespread, is the hoarder phenomena. In these instances, LPFD works with Community Development staff and the Police Department to reach out to family members and abate the hazard. Councilmember Brown said she found several properties not on the list that she believed would meet the criteria for a potential hazard. Rather than state the addresses publicly, she asked to share them with the chief offline. Chief Miguel said the department receives dozens of complaints each year and typically responds with a site visit within 48 hours. If warranted, staff will post a notice and issue a letter to the property owner. He noted that they typically do not receive complaints until the grass and brush starts to dry out. Councilmember Brown said this has been reported as a relatively dry weather season, which might make for increased fire risk this summer. Anyone with concerns should contact the Chief. MOTION: It was m/s by Brown/Cook-Kallio to waive full reading and adopt Resolution No. 13-601 declaring that weeds, dirt, rubbish and refuse upon or in front of certain described properties within the City constitute a public nuisance and that they be abated, and set the public hearing for April 16, 2013. Motion carried by the following vote: Ayes: Councilmembers Brown, Cook-Kallio, Mayor Thorne Noes: None Absent: Councilmember Pentin, One Vacancy MATTERS INITIATED BY COUNCIL Mayor Thorne invited the public to attend the upcoming meeting on the Council's next Two Year Workplan. The meeting will be held Monday, March 25th at 6pm at the Operations Service Center. City Council Minutes Page 12 of 13 March 19, 2013