Document elcerrito_gov_doc_615cb06f84

AGENDA BILL Agenda Item No. 6 Date: July 15, 2014 To: El Cerrito City Council From: Michael J. Bond, Fire Marshal Lance J. Maples, Fire Chief Subject: Public Hearing for Fire Hazard Abatement ACTION REQUESTED Staff requests that the City Council: 1) Adopt a resolution declaring weeds, rubbish, litter, or other flammable material on certain real property identified in the resolution constitutes a public nuisance. 2) Conduct a public hearing and upon conclusion, adopt a resolution overriding objections by property owners and ordering the City Manager or his designee to abate certain public nuisances pursuant to El Cerrito Municipal Code Chapter 16.26. BACKGROUND One of the lessons learned from the nearby Oakland/Berkeley Hills Fire in October 1991 was that El Cerrito needed a comprehensive citywide program to reduce hill area fire hazards. The "fire storm" in the Oakland/Berkeley Hills was in fact an urban conflagration, fueled by vegetation among homes and large acreage properties that was driven by seasonally strong dry winds from the east. The fire destroyed over 3,000 dwellings. At the time of the Oakland/Berkeley Hills Fire, El Cerrito faced similar fire hazard conditions in its hill area. The City Council was determined to reduce those fire hazards by all reasonable means. El Cerrito's comprehensive fire hazard reduction program focused upon reducing fire hazards in four areas: on City property, on property owned by other agencies large landowners, and on residential property. The City began a comprehensive planning process to reduce fire hazards on City property, other agencies’ properties and large landholders. These property owners were approached about reducing fire hazards on their properties. Prior efforts at fire hazard reduction on private residential property relied on voluntary compliance by the owners. The City Council concluded that stronger measures were necessary to enforce the laws regarding abatement of fire hazards on residential private property. The fire hazard abatement program is designed to reduce fire hazards on a large number of private properties during the spring and early summer months. A process of advance notice and hearings for property owners is coupled with a public education program ---PAGE BREAK--- Agenda Item No. 6 Page 2 involving the promulgation of standards for vegetation management in residents’ yards and vacant lots. This program seeks to remove weeds, rubbish, litter or other flammable material from private properties where such flammable material endangers the public safety by creating a public nuisance and a fire hazard. Most property owners voluntarily abate these hazards without Fire Department involvement. Ideally, 100% of the property owners would do so. We anticipate that a small number of owners are content to have the City do the work and place the costs on their tax bill. Over the past 20 years, the City’s annual fire hazard abatement program has been very successful in reducing fire hazards throughout the hill neighborhoods of El Cerrito. What started in 1992 as a program with over $40,000 worth of abatement actions has been transformed into a program that required six abatement actions in 2013. All but four of the property owners voluntarily complied and cleared their own fire hazards. Indeed, this program has become a model program which other fire jurisdictions have borrowed from. ANALYSIS In May of this year, the Fire Department conducted citywide fire hazard inspections of all properties. The inspections began May 1st and were conducted through May 20th. As a result of the primary inspections, a list of properties containing public nuisances was generated, which continues to be amended as additional properties are identified. Between June 4 and June 10, 2014, the properties determined to be in violation of El Cerrito Municipal Code Chapter 16.26 were notified in writing of the hazards on their property and to abate hazardous conditions and the El Cerrito vegetation management standards were included (Attachment 1, 2, & In addition, these property owners were sent a letter informing them of the time, date and location of the upcoming Council meeting where their properties would be declared a public nuisance and abatement would be ordered (Attachment A second round of inspections is scheduled July 8 through July 14 and only those properties that were not voluntarily abated with the first notice are contained within the Master Abatement List, Exhibit A to the proposed Resolutions. This public hearing is the next step in the process to eliminate hazards on the private properties that were identified as a public nuisance and have not voluntarily abated said violations. In order to achieve full compliance, staff requests that the City Council declare the properties to be a public nuisance and direct the City Manager or his designee to abate such public nuisance conditions. Actual City-ordered abatement of fire hazards occurs only after all efforts at providing notice, information, and a public hearing have failed to induce voluntary compliance by the property owner. The Fire Hazard Abatement process, under the direction of the Fire Department, should proceed according to El Cerrito Municipal Code Chapter 16.26, which specifies the following: 1. The Fire Department determines that hazards must be abated. Pursuant to these code sections, "hazards" are defined as weeds, rubbish, litter, or other flammable ---PAGE BREAK--- Agenda Item No. 6 Page 3 materials which create a fire hazard or are otherwise noxious or dangerous and which exist on specific parcels of property within the City. 2. The Fire Department shall post notice on each property or send notice by mail that the El Cerrito Fire Department has determined the existence of a public nuisance which must be abated and that a hearing will be held to consider any objections prior to the Council declaring the properties to be a public nuisance and ordering the City Manager or his designee to perform abatement. 3. At the July 15, 2014 City Council meeting, the City Council shall first adopt a resolution Declaring that Weeds, Rubbish, Litter, or Other Flammable Material on Certain Real Property Constitutes a Public Nuisance (Attachment 5 hereto). 4. At the same hearing, but after adoption of the first resolution, the City Council shall hear and consider all objections to the declaration of public nuisances or the procedures proposed for abatement. After the hearing, the Council shall adopt a resolution Overriding Objections by Property Owners and Ordering the City Manager or His Designee to Abate Certain Public Nuisances Pursuant to Chapter 16.26 (Attachment 6 hereto). 5. At the conclusion of the July 15, 2014 hearing, a second and final notice shall be sent to each property owner prior to abatement (Attachment This notice will order the immediate abatement of nuisance conditions. This notice will clearly state that if nuisance conditions are ignored, the City shall cause abatement and costs for removal will be assessed against the property as a lien and special assessment. It will also indicate that if the conditions are voluntarily abated, the property shall be removed from the process. 6. If the nuisance is not abated between August 1, 2014 and August 14, 2014, prior to the arrival of the hazard abatement crew, the City of El Cerrito shall cause the weeds, rubbish, refuse, and other flammable material to be removed and shall keep an account of the cost of abatement for each parcel of land where such work is performed. 7. At the September 22, 2014 City Council Meeting the City Manager or his designee shall submit to the City Council for confirmation an itemized written report showing the cost of abatement work performed. A copy of this report shall be posted for at least ten days prior to its submission to the City Council. Each property owner upon whose property abatement work was performed shall be sent written notice by mail of a hearing by the City Council to consider the cost of abatement work performed on their property. 8. At the City Council Meeting on September 22, 2014, the City Council shall receive and consider the written staff report on abatement actions taken by the City and shall hear any objections from the property owners liable to be assessed for the abatement. The City Council may modify the staff report if deemed appropriate and then confirm the report by motion or resolution. ---PAGE BREAK--- Agenda Item No. 6 9. After City Council confirmation of the report, a certified copy of the report shall be filed with the county auditor who shall add the amount of the assessment to the next regular tax bill levied against the parcel. FINANCIAL CONSIDERATIONS The abatement program will be administered by Fire Department staff with minimum costs expended for printing and mailing. Abatement work will be completed by City maintenance staff or private contract labor as appropriate. Program costs will be recovered through the special assessment and lien process. LEGAL CONSIDERATIONS The City Attorney has reviewed and approved the process. The Fire Hazard Abatement Program is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15304 and 15308 of the CEQA Guidelines. Therefore, no further CEQA review is required. Scott Hanin, City Manager Attachments: 1. June 5, 2014 Letter from Fire Marshal 2. Notice ofNon-Compliant (Inspection Form) 3. Vegetation Management Standards 4. June 5, 2014 Notice to Destroy Weeds and Remove Rubbish, Refuse, and Other Flammable Material 5. Resolution Declaring that Weeds, Rubbish, Litter, or Other Flammable Material on Certain Real Propetiy Constitutes a Public Nuisance 6. Resolution Overriding Objections by Propetiy Owners and Ordering the City Manager or his Designee to Abate Certain Public Nuisances Pursuant to Chapter 16.26 7. July 16, 2014 Notice to Destroy Weeds and Remove Rubbish, Refuse, and Other Flammable Material Page 4 ---PAGE BREAK--- Agenda Item No. 6 Attachment 1 EL CERRITO FIRE DEPARTMENT 10900 San Pablo Avenue El Cerrito, CA 94530 (510) 215-4450 FAX (510) 232-4917 June 5, 2014 Dear El Cerrito Property Owner: We are approaching the season of our highest fire danger when the grass, weeds, refuse, brush and other vegetation dry out and become highly flammable. After a fairly dry winter and a wet spring, the grass and brush are abundant and will create a severe fire hazard. To reduce the fire danger on private property, the Fire Department is beginning its annual Fire Hazard Abatement Program. We have inspected your property and found that it does not comply with the Vegetation Management Standards set forth in the El Cerrito Municipal Code 8.020. You are being contacted now so that you may remove those fire hazard conditions found on your property. Beginning July 8, 2014, the Fire Department will be conducting a re-inspection of your property to evaluate if it meets our vegetation management standards. If your property meets the standards you will be removed from our list of non-compliant properties and will not be subject to further abatement actions. Please find the enclosed legal notice explaining the City's fire hazard abatement program and advising you of the upcoming public hearing. Please read this notice carefully. In general, the Fire Department is concerned with removing refuse, dry and/or dead vegetation that is easily ignitable and capable of burning structures and endangering lives. The enclosed guidelines provide a general explanation of the vegetation clearing and maintenance standards to be followed. For most private lots and yards these guidelines provide straightforward instructions on what actions you, the property owner, should take to remove the fire hazards. On the other hand, certain lots and yards are more difficult to assess. If you would like your property inspected by our Fire Prevention Officer, Captain David Ciappara, at no cost, he can identify your specific fire hazards and provide you with the information needed to meet our standards. We urge you to call the Fire Prevention office at (510) 215-4457 with any questions about clearing or maintaining your property or to schedule an inspection. Thank you for your cooperation in making El Cerrito a fire safe community. Sincerely, Michael J Bond Michael J. Bond Fire Marshal ---PAGE BREAK--- EL CERRITO FIRE DEPARTMENT KENSINGTON FIRE PROTECTION DISTRICT 10900 San Pablo Avenue, El Cerrito, Ca. 94530 (510)215-4450 Fire Hazard Abatement Inspection Owner/Tenant Site Address City State Zip Code Legal Propety Owner Mailing Address City State Zip Code FIRE BREAK (ELIMINATE) FUEL BREAK (REDUCE) Within 30' of a structure 30' - 100' from structure 1. Eliminate hazardous vegetation 8. Cut and maintain dry grass/weeds - 6" 2. Maintain ornamental landscaping 9. Clean and maintain haz. vegetation - 18" 10. Clear 10' from roadside Both Fire Break & Fuel Break Requirements: 11. Dispose of cut vegetation and debris 7. Clear Roof of combustible debris 12. Remove vines, loose papery bark, and dead branches COMMENTS: 13. Install 1/2" screen covering on chimney and stovepipes FIELD OFFICE OFFICE TOTAL Inspector Date YOUR PROPERTY IS NOT IN COMPLIANCE WITH THE FIRE CODE. YOU MUST COMPLETE THE FOLLOWING REQUIREMENTS: 4. Mature Trees: Remove limbs 10' from ground 5. Small Trees: Remove limbs 1/3 distance from ground 6. Provide 10' clearance from chimney 3. Remove dead wood overhanging structures Agenda Item No. 6 Attachment 2 ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 City of El Cerrito Fire Hazard Reduction Program I. INTRODUCTION A. Purpose of Vegetation Management Standards Along with California’s growth of population and expanding development, urban housing has intermixed with wildland areas. California communities have experienced devastating fire loss because of the severity of fires which occur in this intermix area. In these areas the risk of conflagration is increased further by homeowners who create uncontrolled landscaping of native and non-native plants on their properties. Thousands of homes are threatened by fire every year in California largely because of this heavy vegetation fuel load very near structures. The City of El Cerrito contains wildland intermix areas which increase the community’s risk of loss from devastating fire. These areas have been identified by the California Department of Forestry (CDF) and the El Cerrito Fire Department as Very High Fire Hazard Severity Zones. As specified by State Law AB 337, property owners within these zones must take special precautions with their property, including vegetation management, to reduce the risk of fire. The buildup of unmanaged vegetation, whether native or non-native, steep hillsides with canyons, draws, and periods of extremely hot, dry weather all combine to create in El Cerrito the potential for catastrophic fire behavior such as occurred in the Oakland/Berkeley Hills Fire of October 1991. Catastrophic fires can destroy large numbers of homes, threaten public safety and severely damage the natural areas which contribute to our high quality of living. A key goal of local community fire protection planning is to reduce the level of fire hazards in El Cerrito’s wildland intermix areas, designated as Zones. While it is not possible to eliminate all threats of catastrophic wildfire, fire hazards can be reduced to acceptable levels and still allow a “green” El Cerrito. Vegetation management planning in the Zone focuses on areas where fire poses the greatest risk to life and property. There are three specific goals of the program: 1. Keep all fires small. Small fires generally are cooler than large fires and are more easily extinguished. 2. Limit the speed with which any fire will grow. Fires need fuel to burn; if fuel is available, fires will continue to grow rapidly. Fuel must be limited or made unavailable to spreading fire. 3. Make it more difficult for fires to ignite and spread. Small fires can ignite progressively larger fuels. Small fuels are like kindling and are easily ignited. Reducing and separating kindling fuels from larger fuels reduces sources for ignition and the potential for fire spread. Fires will continue to be a part of California urban living. By implementing vegetation management standards, El Cerrito residents can significantly reduce the potential a small fire will grow into a catastrophic event involving one or more structures. The primary method of stopping fire spread is by increasing separation distances between combustible fuels. An important component of reducing the community’s fire risk requires vegetation management to be practiced by property owners. B. Fire Safe Vegetation Management Concepts There are three basic methods employed to manage vegetation fuels: firebreaks, fuel breaks and ornamental landscaping. A firebreak eliminates all flammable vegetation and combustible growth. Appropriate ornamental landscaping is acceptable in this area. A fuel break reduces the fuel mass of ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 flammable vegetation and combustible growth, thereby limiting the intensity of fire and slowing its rate of spread. Ornamental landscaping provides a yard or garden with decorative fire resistive plants that are irrigated, maintained and arranged to be aesthetically pleasing, functionally useful and enhance fire safety. Refer to the definitions listed for these terms. Within Zones, structures are to be protected from wildfire by creating firebreaks immediately surrounding structures and fuel breaks further out from structures. Within 30 feet of a structure a firebreak should be created which contains well-irrigated, maintained and appropriately spaced ornamental landscaping with fire resistant plants. All flammable vegetation and combustible growth in this area immediately surrounding a structure should be eliminated. This creates a safety margin of defensible space so that wildfire can be stopped before it reaches a structure. A fuel break should be created from 30 feet to 100 feet from structures located within the Zones. The heightened risk of wildfire within the Zones makes it necessary to provide an added safety margin of defensible space for all structures and a fuel break will provide this extra protection. Fuel breaks are meant to reduce fire hazardous vegetation and maintain it to specified heights and arrangements, limiting fire intensity and impeding fire spread. The purpose of the fuel break is to deny any fire entering it sufficient fuel to sustain fire intensity and speed. By the time it reaches the firebreak area containing ornamental landscaping nearer the structure, the now low-intensity fire should be stopped easily by the firebreak surrounding the structure. Ornamental landscaping with fire resistant plants is encouraged as a long term approach to maintain yard and garden vegetation in a fire safe manner. Landscaping with healthy, appropriately irrigated plants and ground cover provides a permanent reduction of the fire hazard adjacent to structures when such landscaping is maintained at regular intervals. Ornamental landscaping can enhance a firebreak by inhibiting the growth of weeds, grass, brush and similar fire hazardous vegetation. A list of fire resistant and highly flammable plants is available from the Fire Department. C. Process No person shall be prosecuted criminally under the provisions of Section 8.30.040 of the El Cerrito Municipal Code until that person has received written notice of how that property violates these standards and until that person has had the reasonable opportunity to meet with City staff concerning the procedures set forth in Chapter 8.34 or Chapter 16.26 of the El Cerrito Municipal Code. Civil procedures for fire hazard abatement include providing the property owner with written notice on how the property violates these guidelines, reasonable opportunity to meet with City staff to discuss this matter and opportunity to be heard before the City Council. II. FIRE HAZARD REDUCTION GUIDELINES Many factors combine to create a fire hazard on any specific property. It is difficult to single out a specific vegetation species or configuration to declare it either fire hazardous or completely fire safe in all situations. The Fire Department has developed guidelines conforming to State Law and National Fire Protection Standards which address most situations found on private property within El Cerrito. Please read these guidelines along with the accompanying glossary. If you are still unsure of how to proceed please call the Fire Department and we will work with you to develop a fire hazard reduction plan for your property. A. Hazard Zones Portions of the City of El Cerrito lie adjacent or near to large wildland areas containing steep slopes and naturally growing trees, brush and grasses. Every year under certain critical weather conditions, the neighborhoods near these wildland areas are at heightened risk of seasonal wildfire sweeping into the City and burning homes. These areas at heightened risk of wildfire have been designated as Very High Fire Hazard Severity Zones. The rest of the City faces a lesser risk of wildfire. ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 Fire hazard reduction measures common to the entire City are required on both vacant and developed lots: 1. Property owners must ensure that all vegetation, native or non-native, shall be maintained so as not to constitute a fire hazard. 2. Property owners must maintain their property either by ornamental landscaping or by establishing a fuel break along the property line and adjacent to structures. For properties within the Zones, there are additional requirements for firebreaks within 30 feet of structures and fuel breaks from 30 to 100 feet. 3. Property owners are responsible for clearance and maintenance of their own property only. Property owners will be required, however, to create fuel breaks on their property to protect neighboring structures. Dimensions of fuel breaks will depend on the proximity of neighboring structures and on whether the properties are within Zones. 4. All brush, weeds, grass and fire hazardous vegetation within 10 feet of any usable road surface, public way or combustible fence shall be maintained in a non-hazardous condition with a fuel break. 5. Property owners must maintain their property free from all nuisances, including debris, garbage, rubbish and trash, hazardous materials, junk and noxious growth. B. Ornamental Landscaping Ornamental landscaping is encouraged throughout the City of El Cerrito to enhance fire safety. Ornamental landscaping consists of decorative plants growing within a tended garden or yard which are well watered, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. With the Zones, ornamental landscaping in the 30 foot firebreak adjacent to structures must meet the following requirements: 1. Ornamental landscaping shall be maintained free of dead wood and litter, and trimmed of small twigs and branches at least two feet or 1/3 of their height from the ground, whichever is less. 2. Ornamental landscaping must be healthy, pruned, adequately irrigated and regularly maintained so that plants and the area beneath them are free from dead or dying material. 3. Single specimen trees must be trimmed and maintained. 4. Ground cover may be used as part of ornamental landscaping provided it is kept green, free of dead wood and litter, and at a height so that they do not form a means of rapidly transmitting fire from native growth (located outside the firebreak) to any building or structure. C. Vegetation Management Standards Vegetation management standards exist for the entire City, including areas designated as Zones. Refer to the glossary (Section III) for a definition of terms used in these standards. ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 1. Properties within Zones: a. Firebreaks must be created and maintained in areas within 30 feet of any occupied dwelling. b. Fuel Breaks must be created and maintained in areas extending from 30 to 100 feet surrounding any structure. c. Fuel Breaks must be created and maintained on vacant lots 30 feet wide along the property line and 100 feet from neighboring structures. 2. Properties outside Zones: a. Fuel Breaks must be created and maintained in areas within 30 feet of any structure. b. Fuel Breaks must be created and maintained on vacant lots to be 10 feet wide along the property line. 3. Vegetation Management Standards for Firebreaks: a. All flammable vegetation or combustible growth must be removed and cleared away, thereby eliminating fire hazardous vegetation fuels which can rapidly transmit fire. b. Adequately irrigated and maintained ornamental landscaping is not flammable vegetation or combustible growth, and is encouraged within a firebreak. c. Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be maintained free of dead limbs and other combustible matter such as vines and loose papery bark. On mature trees, limbs should be removed up to 10’ above the ground. Smaller trees should be limbed to 1/3rd of their height up to 6’ above the ground, but in no case less than 18 inches from the ground. d. Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening. e. All roof surfaces shall be maintained free of substantial accumulations of needles, twigs and any other combustible matter. f. All cut vegetation and debris must be disposed of either by hauling and dumping in a lawful manner, or by chipping and dispersing over the property in a manner and to a height which will not constitute a fire hazard. g. Chipped materials which are spread on the ground shall be of a size no greater than 1 inch by 1 inch by 3 inches. 4. Vegetation Management Standards for Fuel Breaks: a. Maintain ornamental landscaping in yards. b. All fire hazardous vegetation with the exception of weeds and grass shall be cleared and maintained to a height no greater than 18 inches above the ground. c. All weeds and grass shall be cleared and maintained at a height no greater than 6 inches above the ground. d. Remove from trees all vines, loose papery bark and dead branches. ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 e. All cut vegetation and debris must be disposed of either by hauling and dumping in a lawful manner, or by chipping and dispersing over the property in a manner and to a height which will not constitute a fire hazard. f. Chipped materials which are spread on the ground shall be of a size no greater than 1 inch by 1 inch by 3 inches. 5. Additional Considerations for Vegetation Management: a. The Fire Hazard Abatement Program is intended to promote community fire safety by reducing the combustible vegetation fuel mass on private properties. Clearing vegetation by heavy construction methods, such as grading, discing, trenching or dozing shall require special permits from the City. Disposal by burning is not permitted. b. Any parcel where slope stability will be threatened by removal of plants may be exempt from treatment requirements or subject to alternate treatments. The property owner must submit a report documenting the probability of slope failure due to vegetation removal, prepared by a licensed civil, geotechnical or soils engineer. The report shall propose alternative treatment methods to address fire hazards. The report will be reviewed by city staff. Review and acceptance by the City of alternative treatment will supersede other requirements. c. Any parcel or lot which includes plant or animal species that are rare, endangered or of special concern may qualify for alternative plant treatment and spacing requirements. The property owner must submit a report from a qualified resource biologist or landscape architect describing the species, actions required to preserve its environmental value, and proposed alternative measures to address fire hazards. The report will be reviewed by the City. Review and acceptance by the City of alternative treatment will supersede other requirements. D. Planting Considerations Any plant will burn if the conditions are right. Some plants are considered to be extremely flammable while other plants are considered to have some resistance to fire. Verifiable tests of fire exposure characteristics for all specific ornamental landscaping plants are not available. The best available plant information is contained in a publication available from EBMUD entitled “Firescape: Landscaping to Reduce Fire Hazard”. A list of plants with some fire-resistance and plants considered highly flammable is available from the Fire Department. At the base of trees and shrubs, replace flammable vegetation with bark, mulch, rock, gravel or low- growing or more fire-resistant ground covers. This cover reduces the fire danger and minimizes weeds. Avoid placing medium-sized shrubs beneath trees or taller shrubs. By breaking up the available fuel mass in ornamental landscaping, a fire will be kept at lower intensity, flame will be shorter and fire will be less likely to form a continuous line or front. E. Structural Fire Safety The City’s roofing and vegetation management standards are designed to reduce the amount of airborne burning material, limiting fire spread. Once a fire starts, it is often accelerated by wind-borne burning material. Burning embers or brands are the main source of fire spread in mixed urban-wildland areas. The roof of a house is most vulnerable to this type of ignition. Spark arresters with a maximum of ½” openings in the mesh are required over the outlet of every chimney. Class A is the top rating for fire resistive roofing, followed by Classes B and C. The City of El Cerrito requires that all roofing be Class B ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 or better, and wood shake shingle roofing materials are prohibited in new construction or replacement of more than 50% of the roof. III. GLOSSARY OF TERMS The following terms are used to describe the vegetation management standards in California State Law and in the City of El Cerrito’s Fire Hazard Reduction Program. Very High Fire Hazard Severity Zones: Any geographic area designated per Government Code Section 51178 to contain the type and condition of vegetation, topography, weather and structure density to potentially increase the possibility of wildland conflagration fires. As a community adjacent to extensive wildland areas, the City of El Cerrito contains several zones. A map of these zones is available from the Fire Department. Fire hazard reduction standards are more extensive for properties located within zones. Defensible space: A concept in landscape design for homes which provides a band of managed vegetation around a home that slows movement of fire by reducing or denying fuel and provides a space for firefighters to take a stand to protect the house. Fire resistant plants: A relative term used to describe plants that are “more resistant: or “less resistant” than other plants to fire. Given enough heat, all vegetation will burn. Yet plants in fact differ in how fast they burn, how high a flame they produce and their ability to survive fire. Fire resistance is enhanced by higher amounts of moisture within twigs and foliage. Fire-resistant plants can lose this quality altogether if not property maintained and irrigated. A partial list of fire resistant and highly flammable plants is available from EBMUD and the El Cerrito Fire Department. Fire hazardous vegetation: Plants which can burn easily because they generate dry undergrowth, contain flammable oils or produce significant quantities of dead or dying material. Hazardous vegetation is fuel which must be removed or strictly maintained so as not to constitute a fire hazard by igniting easily and then contributing to rapid fire spread. Seasonally dry grass, weeds, brush, and unmaintained and unirrigated trees and ornamental vegetation are examples of fire hazardous vegetation. Properly chipped, mulched and disbursed material does not constitute fire hazardous vegetation. Fire hazardous vegetation is also known as flammable vegetation and combustible growth. Ornamental landscaping: Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. The use of fire-resistant plants and the removal of fire hazardous vegetation will enhance fire safety. Firebreak: An area in which all flammable vegetation or combustible growth is removed and cleared away, thereby eliminating fire hazardous vegetation fuels which can rapidly transmit fire. Ornamental landscaping is permissible within a firebreak as long as it is adequately irrigated, maintained and spaced so as not to provide a means of rapidly transmitting fire. Compare to fuel break. Fuel break: An area in which all flammable vegetation or combustible growth is reduced and cleared away according to established standards, thereby limiting the mass and arrangement of fire hazardous vegetation fuels which can rapidly transmit fire. Appropriate ornamental landscaping is permissible within a fuel break. Fuel reduction standards for fuel breaks limit the height of certain vegetation (brush, native shrubs, weeds and grasses). Remove from trees any fuels which can ladder fire into the canopies, and provide adequate spacing between remaining plants. Compare to firebreak. ---PAGE BREAK--- Agenda Item No. 6 Attachment 4 EL CERRITO FIRE DEPARTMENT 10900 San Pablo Avenue El Cerrito, CA 94530 (510) 215-4450 FAX (510) 232-4917 June 5, 2014 To: [OWNER NAME] [OWNER ADDRESS], [OWNER CITY] [OWNER STATE] [OWNER ZIP] Re: [SITE ADDRESS], [SITE CITY]. [SITE STATE], [SITE ZIP] Parcel Number: [SITE APN] NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE AND OTHER FLAMMABLE MATERIAL Notice is hereby given that on the 5th day of June, 2014 the El Cerrito Fire Department has determined your property in the City of El Cerrito, designated above by address and parcel number, is in violation of Chapter 8.020 of the El Cerrito Municipal Code because of the presence of weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health, or is otherwise noxious or dangerous. You are hereby ordered to abate these public nuisance conditions by removing the weeds, rubbish, refuse and other flammable material. Otherwise, the City will abate these nuisance conditions and the costs for removal of the weeds, rubbish, refuse and other flammable material will be assessed against your property as a lien and special assessment. These removal costs shall then be collected at the time and in the manner of ordinary municipal taxes. Reference is hereby made to the resolution for further particulars. If you have any objections to a declaration of your property as a public nuisance or to the proposed removal of the weeds, rubbish, refuse and other flammable material from your property by the City, you are hereby notified of and may attend this meeting of the City Council of the City of El Cerrito to be held on July 15, 2014 at 7:00 p.m. in the Council Chambers located in the El Cerrito City Hall, 10890 San Pablo Avenue. At this meeting, your objections will be heard and given due consideration. At the conclusion of this meeting, the City Council may declare the conditions on your property to be a public nuisance and may order the City Manager or designee to abate the public nuisance condition on your property. The City shall perform this removal either through its own staff or through private contract sometime between August 18, 2014 and August 29, 2014. It is impossible to predict what it will cost the City to remove these nuisance conditions from your property. The costs depend on the severity of those conditions. In past years these abatement costs have sometimes exceeded $5,000 per parcel for those parcels with severe nuisance conditions. If you have any questions, contact the El Cerrito Fire Prevention office at 10900 San Pablo Avenue. The phone number is (510) 215-4457. Michael J Bond Michael J. Bond Fire Marshal ---PAGE BREAK--- Agenda Item No. 6 Attachment 5 RESOLUTION NO. 2014 - XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO DECLARING THAT WEEDS, RUBBISH, LITTER OR OTHER FLAMMABLE MATERIAL ON CERTAIN REAL PROPERTY CONSTITUTES A PUBLIC NUISANCE WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides a method by which a local legislative body may abate on private property public nuisance conditions relating to weeds, rubbish, litter or other flammable material that creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, the City of El Cerrito Fire Marshal has identified certain real property, by street name, lot and block number, on which the presence of weeds, rubbish, litter or other flammable material creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous as defined in Chapter 16.26 of the El Cerrito Municipal Code and therefore constitutes a public nuisance; and WHEREAS, pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Sections 39560-39588, the City Council shall adopt this resolution declaring that certain real property within the City constitutes a public nuisance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the following properties identified on Exhibit A, attached hereto, are declared to be public nuisances pursuant to El Cerrito Municipal Code Section 16.26.160. BE IT FURTHER RESOLVED that on this same date of July 15, 2014 at 7:00 in the City of El Cerrito, the City Council shall hold a hearing at which owners of the real property identified in Exhibit A hereto may object to the designation of their properties as public nuisances and object to the abatement actions proposed by the City. I CERTIFY that at a regular meeting on July 15, 2014 the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- Agenda Item No. 6 Attachment 5 EXHIBIT A El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property Owner_______ 504-101-019 416 ALBEMARLE OLIVER, MARGARET LOIS 500-[PHONE REDACTED] ALVA AVE OZENBERGER, SHIRLEY 500-[PHONE REDACTED] ALVA AVE (VACANT) MCLAUGHLIN,WILLIAM J TRUST 505-[PHONE REDACTED] ARBOR DR SARAKUL, JERASAK & RUNGTIVA 505-303-006 840 ARLINGTON BLVD HARRINGTON, THOMAS 504-231-050 300 ASHBURY AVE FYI GROUP LLC 504-080-004 537 ASHBURY AVE PRESBYTERY OF SAN FRANCISCO 500-[PHONE REDACTED] BARRETT AVE (VACANT) DEVERS, PATSY 573-[PHONE REDACTED] BEL VIEW CT HOANG, YVONE 505-[PHONE REDACTED] BREWSTER DR (VACANT) LUNDAHL, PAUL 503-330-024 724 COLUSA AVE MERCER, MARK 503-340-017 790 COLUSA AVE GUERIN, LISA 501-[PHONE REDACTED] CONLON AVE (VACANT) RUNIONS, JAMES A & IRENE 501-[PHONE REDACTED] CONLON AVE (VACANT) RUNIONS, JAMES A & IRENE 505-[PHONE REDACTED] CONTRA COSTA DR SCHMIDT, ROGER 505-[PHONE REDACTED] CONTRA COSTA DR (VACANT) IBRAHIM, KHALED Z M 501-[PHONE REDACTED] CUTTING BLVD (VACANT) LOMPA, RICHARD 505-[PHONE REDACTED] DEVONSHIRE CT NIELSEN, CATHY 505-[PHONE REDACTED] EARL CT (VACANT) MAK, TONY 505-[PHONE REDACTED] EARL CT (VACANT) MAK, TONY 513-[PHONE REDACTED] EASTSHORE BLVD THE ESTATE OF RANDALL RADDER 510-[PHONE REDACTED] EL DORADO AVE SMITH, ARCHIE R & BERNICE F 510-[PHONE REDACTED] EL DORADO AVE (VACANT) BOTTRON, RAYMOND 502-[PHONE REDACTED] ELM ST DEVLIN, LESLIE ---PAGE BREAK--- Agenda Item No. 6 Attachment 5 EXHIBIT A (Page 2) El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property Owner_______ 502-[PHONE REDACTED] ELM ST BIGGS SR, EDWARD 504-[PHONE REDACTED] EUREKA AVE LIEM, THOMAS T & KIM 504-062-013 517 EVERETT ST GEE, JULIET TRUST 503-374-011 650 EVERETT ST MACBEATH, WILLIAM E 503-255-024 832 EVERETT ST ANDERSON, JOHN 503-[PHONE REDACTED] EVERETT ST WONG, WAIKEY 502-[PHONE REDACTED] EVERETT ST E. BAY KOREAN CHRISTIAN CHURCH 505-262-025 851 GELSTON PL KAUPAS, VICTOR V 513-[PHONE REDACTED] GORDON AVE SMITH-MILLER, BEVERLY 501-[PHONE REDACTED] JORDAN AVE OSCAR, RUTH 505-[PHONE REDACTED] JULIAN DR HENDERSON, JOE 501-[PHONE REDACTED] JUNCTION AVE HO, PATRICIA 505-[PHONE REDACTED] KING DR MUFTI, MARGIE FRICKE & MARGIE L 505-[PHONE REDACTED] KING DR PRYOR, TAMARA & JACOB 503-403-003 612 LEXINGTON AVE ENGELHARDT, JOHN 503-235-012 811 LEXINGTON AVE YOKOI, GEORGE & CAROL ANN 503-231-013 952 LEXINGTON AVE (VACANT) SF BART DISTRICT 503-243-014 909 LIBERTY ST MUNYAN, MARI 500-[PHONE REDACTED] LUDWIG AVE PLONSEY, DANIEL & MANTRA 501-[PHONE REDACTED] MACDONALD AVE LUMPKIN,KIRK D 501-[PHONE REDACTED] MACDONALD AVE HESLOP, LEE & TERESA C 505-[PHONE REDACTED] MADERA CIR (VACANT) MCLEAN, DAVID PETER ---PAGE BREAK--- Agenda Item No. 6 Attachment 5 EXHIBIT A (Page 3) El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property 505-[PHONE REDACTED] MADERA CT MARTIN, KENNETH W & SUSAN C 505-[PHONE REDACTED] MADERA CT KHOO, DAVID S K & CHENG Y 505-[PHONE REDACTED] MADERA CT LAMBERT, WILLIAM E & SUSAN R BARNES 502-[PHONE REDACTED] MANILA AVE NELSEN,JACK D 502-[PHONE REDACTED] MANILA AVE GILBERG,BARBARA ANN 501-[PHONE REDACTED] MONO AVE PACK, MICHAEL K & KATHLEEN E 500-[PHONE REDACTED] MONTE VISTA AVE RUTTER, GEORGE 500-[PHONE REDACTED] NASON AVE EVANS, NATHANIEL & MARY 503-[PHONE REDACTED] NORVELL ST PATINO, DIANA 501-[PHONE REDACTED] OHIO ST GONZALEZ, DONALD 513-[PHONE REDACTED] POTRERO AVE KHADGI, BALGOPAL & SHARMILA 509-[PHONE REDACTED] POTRERO AVE SULLIVAN, JANAKI 502-[PHONE REDACTED] POTRERO AVE E. BAY KOREAN CHRISTIAN CHURCH 502-[PHONE REDACTED] POTRERO AVE CONNOR, LAVONNE TRUST 505-[PHONE REDACTED] REGENCY CT YAMASAKI, DUANE O & JUDY L 505-302-020 1 RIDGEWAY LN MASKEY, KISHORE 500-[PHONE REDACTED] ROSALIND AVE WALLACE, BERNIECE 504-012-029 10152 SAN PABLO AVE NGUYEN, BICH NGOC & SAU THI 503-236-027 10496 SAN PABLO AVE (VACANT) ADDIEGO, SILVIO & SHEILA G 503-[PHONE REDACTED] STOCKTON AVE LAMBIE, BROOKE 503-[PHONE REDACTED] TERRACE DR LEE, HARRIET WHITMAN 503-[PHONE REDACTED] TERRACE DR BRITZ, BARBARA 505-[PHONE REDACTED] TERRACE DR SARTORI, MARIA 505-[PHONE REDACTED] TERRACE DR ZHAO, YANG ---PAGE BREAK--- Agenda Item No. 6 Attachment 5 EXHIBIT A (Page 3) El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property 502-[PHONE REDACTED] WALNUT ST LIN, JASON ---PAGE BREAK--- Agenda Item No. 6 Attachment 6 RESOLUTION NO. 2014 - XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO OVERRIDING OBJECTIONS BY PROPERTY OWNERS AND ORDERING THE CITY MANAGER OR HIS DESIGNEE TO ABATE CERTAIN PUBLIC NUISANCES PURSUANT TO CHAPTER 16.26 WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides a method by which a local legislative body may abate on private property public nuisance conditions relating to weeds, rubbish, litter or other flammable material that creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous; and WHEREAS, the City of El Cerrito Fire Marshal has identified certain real property, by street name, lot and block number, on which the presence of weeds, rubbish, litter or other flammable material creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous as defined in Chapter 16.26 of the El Cerrito Municipal Code and therefore constitutes a public nuisance; and WHEREAS, on July 15, 2014, pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Sections 39560-39588, the City Council adopted Resolution 2014-XX declaring that certain real property within the City constitutes a public nuisance; and WHEREAS, El Cerrito Municipal Code Chapter 16.26 provides that notice shall be sent to owners of the real property declared a nuisance pursuant to Resolution 2014-XX providing those owners with the following: description of the nuisance; explanation of how the nuisance must be abated; explanation that if the nuisance is not abated; the City shall abate the public nuisance and the cost of abatement shall be assessed against the property as a special assessment; and informing the owners that the City Council shall hold a hearing at a certain date, time, and place at which the owners may present objections to the designation of their properties as public nuisances or to the proposed abatement of the nuisance; and WHEREAS, between June 4 and June 10, 2014, the City Fire Department sent written notice to those property owners describing the weeds, rubbish, refuse, or other flammable material that presented a fire hazard and public nuisance; explaining that the Fire Department had determined a public nuisance that must be removed; informing the owners that if they did not abate between July 8 and July 14, 2014, the City Council would hold a hearing on July 15, 2014 at which the owners could present objections to the declaration of the nuisance or the proposed abatement measures and further explained the City could abate the nuisance and collect the costs as an assessment on the property; and WHEREAS, on July 15, 2014, the City Council adopted Resolution 2014-XX confirming the nuisance declarations of the City Fire Department and declaring a public nuisances on certain real property pursuant to Chapter 16.26; and WHEREAS, El Cerrito Municipal Code Section 16.26.160 and Government Code Sections 39560-39588 provide that after adoption of a resolution declaring a public nuisance and notice to affected property owners of the Council's hearing of objections, the Council may overrule any objections and order the City Manager or his designee to abate the public nuisances. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that ---PAGE BREAK--- Agenda Item No. 6 Attachment 6 it overrides any objections by owners of that certain real property on which public nuisances were declared in Exhibit A to Resolution 2014 - XX (adopted on the same date herewith). BE IT FURTHER RESOLVED that the City Manager and his or her designee is hereby ordered to abate the public nuisances by having the weeds, rubbish, refuse, dirt, or other fire hazard or noxious or dangerous materials removed. BE IT FURTHER RESOLVED that pursuant to El Cerrito Municipal Code Section 16.26.160 and Government Code Section 39574, the City Manager or his designee shall keep an account of the cost of abatement for each parcel of land on which work is performed. The City Manager or designee shall then prepare an itemized written report to be presented to the City Council so that, after the notice and hearing during the City Council meeting of September 22, 2014 these abatement costs can be confirmed as a special assessment against those parcels. I CERTIFY that at a regular meeting on July 15, 2014 the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- Agenda Item No. 6 Attachment 6 EXHIBIT A El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property Owner_______ 504-101-019 416 ALBEMARLE OLIVER, MARGARET LOIS 500-[PHONE REDACTED] ALVA AVE OZENBERGER, SHIRLEY 500-[PHONE REDACTED] ALVA AVE (VACANT) MCLAUGHLIN,WILLIAM J TRUST 505-[PHONE REDACTED] ARBOR DR SARAKUL, JERASAK & RUNGTIVA 505-303-006 840 ARLINGTON BLVD HARRINGTON, THOMAS 504-231-050 300 ASHBURY AVE FYI GROUP LLC 504-080-004 537 ASHBURY AVE PRESBYTERY OF SAN FRANCISCO 500-[PHONE REDACTED] BARRETT AVE (VACANT) DEVERS, PATSY 573-[PHONE REDACTED] BEL VIEW CT HOANG, YVONE 505-[PHONE REDACTED] BREWSTER DR (VACANT) LUNDAHL, PAUL 503-330-024 724 COLUSA AVE MERCER, MARK 503-340-017 790 COLUSA AVE GUERIN, LISA 501-[PHONE REDACTED] CONLON AVE (VACANT) RUNIONS, JAMES A & IRENE 501-[PHONE REDACTED] CONLON AVE (VACANT) RUNIONS, JAMES A & IRENE 505-[PHONE REDACTED] CONTRA COSTA DR SCHMIDT, ROGER 505-[PHONE REDACTED] CONTRA COSTA DR (VACANT) IBRAHIM, KHALED Z M 501-[PHONE REDACTED] CUTTING BLVD (VACANT) LOMPA, RICHARD 505-[PHONE REDACTED] DEVONSHIRE CT NIELSEN, CATHY 505-[PHONE REDACTED] EARL CT (VACANT) MAK, TONY 505-[PHONE REDACTED] EARL CT (VACANT) MAK, TONY 513-[PHONE REDACTED] EASTSHORE BLVD THE ESTATE OF RANDALL RADDER 510-[PHONE REDACTED] EL DORADO AVE SMITH, ARCHIE R & BERNICE F 510-[PHONE REDACTED] EL DORADO AVE (VACANT) BOTTRON, RAYMOND 502-[PHONE REDACTED] ELM ST DEVLIN, LESLIE ---PAGE BREAK--- Agenda Item No. 6 Attachment 6 EXHIBIT A (Page 2) El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property Owner_______ 502-[PHONE REDACTED] ELM ST BIGGS SR, EDWARD 504-[PHONE REDACTED] EUREKA AVE LIEM, THOMAS T & KIM 504-062-013 517 EVERETT ST GEE, JULIET TRUST 503-374-011 650 EVERETT ST MACBEATH, WILLIAM E 503-255-024 832 EVERETT ST ANDERSON, JOHN 503-[PHONE REDACTED] EVERETT ST WONG, WAIKEY 502-[PHONE REDACTED] EVERETT ST E. BAY KOREAN CHRISTIAN CHURCH 505-262-025 851 GELSTON PL KAUPAS, VICTOR V 513-[PHONE REDACTED] GORDON AVE SMITH-MILLER, BEVERLY 501-[PHONE REDACTED] JORDAN AVE OSCAR, RUTH 505-[PHONE REDACTED] JULIAN DR HENDERSON, JOE 501-[PHONE REDACTED] JUNCTION AVE HO, PATRICIA 505-[PHONE REDACTED] KING DR MUFTI, MARGIE FRICKE & MARGIE L 505-[PHONE REDACTED] KING DR PRYOR, TAMARA & JACOB 503-403-003 612 LEXINGTON AVE ENGELHARDT, JOHN 503-235-012 811 LEXINGTON AVE YOKOI, GEORGE & CAROL ANN 503-231-013 952 LEXINGTON AVE (VACANT) SF BART DISTRICT 503-243-014 909 LIBERTY ST MUNYAN, MARI 500-[PHONE REDACTED] LUDWIG AVE PLONSEY, DANIEL & MANTRA 501-[PHONE REDACTED] MACDONALD AVE LUMPKIN,KIRK D 501-[PHONE REDACTED] MACDONALD AVE HESLOP, LEE & TERESA C 505-[PHONE REDACTED] MADERA CIR (VACANT) MCLEAN, DAVID PETER ---PAGE BREAK--- Agenda Item No. 6 Attachment 6 EXHIBIT A (Page 3) El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property 505-[PHONE REDACTED] MADERA CT MARTIN, KENNETH W & SUSAN C 505-[PHONE REDACTED] MADERA CT KHOO, DAVID S K & CHENG Y 505-[PHONE REDACTED] MADERA CT LAMBERT, WILLIAM E & SUSAN R BARNES 502-[PHONE REDACTED] MANILA AVE NELSEN,JACK D 502-[PHONE REDACTED] MANILA AVE GILBERG,BARBARA ANN 501-[PHONE REDACTED] MONO AVE PACK, MICHAEL K & KATHLEEN E 500-[PHONE REDACTED] MONTE VISTA AVE RUTTER, GEORGE 500-[PHONE REDACTED] NASON AVE EVANS, NATHANIEL & MARY 503-[PHONE REDACTED] NORVELL ST PATINO, DIANA 501-[PHONE REDACTED] OHIO ST GONZALEZ, DONALD 513-[PHONE REDACTED] POTRERO AVE KHADGI, BALGOPAL & SHARMILA 509-[PHONE REDACTED] POTRERO AVE SULLIVAN, JANAKI 502-[PHONE REDACTED] POTRERO AVE E. BAY KOREAN CHRISTIAN CHURCH 502-[PHONE REDACTED] POTRERO AVE CONNOR, LAVONNE TRUST 505-[PHONE REDACTED] REGENCY CT YAMASAKI, DUANE O & JUDY L 505-302-020 1 RIDGEWAY LN MASKEY, KISHORE 500-[PHONE REDACTED] ROSALIND AVE WALLACE, BERNIECE 504-012-029 10152 SAN PABLO AVE NGUYEN, BICH NGOC & SAU THI 503-236-027 10496 SAN PABLO AVE (VACANT) ADDIEGO, SILVIO & SHEILA G 503-[PHONE REDACTED] STOCKTON AVE LAMBIE, BROOKE 503-[PHONE REDACTED] TERRACE DR LEE, HARRIET WHITMAN 503-[PHONE REDACTED] TERRACE DR BRITZ, BARBARA 505-[PHONE REDACTED] TERRACE DR SARTORI, MARIA 505-[PHONE REDACTED] TERRACE DR ZHAO, YANG ---PAGE BREAK--- Agenda Item No. 6 Attachment 6 EXHIBIT A (Page 3) El Cerrito List of Real Property Constituting Public Nuisances 7-15-2014 APN Street Address Property 502-[PHONE REDACTED] WALNUT ST LIN, JASON ---PAGE BREAK--- CITY OF EL CERRITO 10900 San Pablo Avenue El Cerrito, CA 94530 (510) 215-4450 FAX (510) 232-4917 July 16, 2014 To: [OWNER NAME] [OWNER ADDRESS], [OWNER CITY] [OWNER STATE] [OWNER ZIP] Re: [SITE ADDRESS], [SITE CITY]. [SITE STATE], [SITE ZIP] Parcel Number: [SITE APN] NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE AND OTHER FLAMMABLE MATERIAL On July 15th, 2014 the El Cerrito City Council declared that your property in the City of El Cerrito, designated above by address and parcel number, constitutes a public nuisance because of the presence of weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health, or is otherwise noxious or dangerous. A previous notice was sent to you informing you of the July 15th, 2014 hearing and further informing you of your obligation to remove the weeds, rubbish, refuse and other flammable material from your property. If you do not immediately abate these nuisance conditions, the City will do so and the costs for removal of the weeds, rubbish, refuse and other flammable material will be assessed against your property as a lien and special assessment. These removal costs shall then be collected in the time and in the manner of ordinary municipal taxes. You will not receive any further notices from the City prior to this removal. The City shall perform this removal either through its own staff or through private contract sometime between August 18th, 2014 and August 29th, 2014. It is impossible to predict what it will cost the City to remove these nuisance conditions from your property. The costs depend on the severity of those conditions. In past years these abatement costs have sometimes exceeded $5,000 per parcel for those parcels with severe nuisance conditions The City Council will conduct a public hearing on September 22, 2014 to confirm the cost of the abatement work performed on your property. The meeting will be held in the El Cerrito City Council Chambers at 10890 San Pablo Avenue in El Cerrito at 7:00 p.m. During this public hearing you will be given the opportunity to voice objections regarding the report and the assessment of the abatement costs for your property. At this hearing you will also be given the opportunity to object, protest and/or present evidence to support your arguments. If you have any questions, contact the El Cerrito Fire Department at 10900 San Pablo Avenue. The phone number is (510) 215-4450. Michael J Bond Michael J. Bond Fire Marshal Agenda Item No. 6 Attachment 7