2001-072-Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public NuisanceRESOLUTION 2001 - 72
RESOLUTION OF THE TOWN COUNCIL
OF TIIE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, on Jtu1e 4, 2001, the. Town Council of the Town of Los Gatos .adopted
Resolution 2001-55, entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT", directing tlae
.giving of notice t11at hazardous vegetation (brush) will be abated by the Town and the cost
thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so, and establishing the June 18, 2001 meeting, as the time for a public hearitlg
by the Town Council, daring which all property owners leaving atiy objections to the proposed
destruction or removal of sticb 1azardous vegetation {brush) tngllt be heard and. given due
cotisideratioti; atld
WHEREAS, t11at the Towtl Engineer of the'Town of Los Gatos gave notice of tlZe
passage of said Resolution No. 2001-55 by causing copies of the NOTICE OF PUBLIC
HEARING TO ABATE HAZARDOUS VEGETATION {BRUSH) in the same form as atmexed
to said Resolution No. 2000-55 to be published in the Los Gatos Weekly Times, a newspaper of
;general circulation published in t17e Town of Los Gatos on May 30, 2001, and Jtu1e 6, 2001,
respectively, and causing said notice to be posted on May 23, 2001 in two (2) prominent places
in the Town of Los Gatos; and
WHEREAS, the Town bas given Notice (Exhibit A) to .all property owners found. in non-
compliance; and
WHEREAS, ptusuant to said resolution and notice,. the Town Council conducted a
public hearing this date with respect thereto, at which time all property owners having any
objections to the proposed destruction or removal of suc11 attest:
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that all objections, if any, to the proposed destruction or removal of such
hazardous vegetation (brush) are hereby ovenltled, and the Town Euguleer, or his representative,
is hereby ordered to .abate such nuisance, or cause the .same to be abated, by having flee hazardous
vegetation (brush) (referred to iti Exhibit A) destroyed or removed by cutting, dicing, chemical
spraying, or any other method which inay hereafter Ue determined vy the Town Cotulcil.
FURTHER RESOLVED, that the Town Engineer of the Town of Los Gatos, or 11is
authorized agent or representative, and the Town Clerk, are directed to proceed with the matters
set forth in Section 11.20.010 through Section 11.20:045 of the Los Gatos Town Code.
PASSED AND ADOPTED at aregular meeting of the Town Colu~cil of the Town of
Los Gatos held on the 18th day of June, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Sandy Decker, Steve Gliclanan,
Mayor Joe Pirzynslci.
NAYS : None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED:
YOR OFT WN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF T'HE TOWN OF LOS GATOS
LOS GAT'O,S, C:AZ,IFORNIA
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING
TO ABATE HAZARDOUS VEGETATION {BRUSH)
THIS NOTICE IS BEING SENT TO YOU BECAUSE YOU OWN PROPERTY IN THE TOWN'S
HII,LSIDE .HAZARDOUS FIRE AREA .AND A PRELIMINARY INSPECTION BY THE
SANTA CLARA COUNTY FIIZE DEPARTMENT Il<TDICATES THAT YOUR PROPERTY MAY
CONTAIN A BRUSH OR VEGETATION FIRE .HAZARD REQLTIIZING ABATEMENT
--PROPERTIES WILL BE REINSPECTED BEFORE WORK IS ORDERED --
HOWEVER, IF YOU HAVE DONE THE WORK, PLEASE CONTACT CENTRAL FIRE
DISTRICT AT THE NUMBER LISTED BELOW
NOTICE IS HEREBY GIVEN that on June 4, 2001, pursuant to the provisions of
the California Government Code, the Town Council of the Town of Los Gatos adopted Resolution
200:1-55 declaring that hazardous vegetation {brush) growing to such size and such type on .any
private property- or in any street, sidewalk, or alley adjacent to such property in the Hillside
Hazardous Fire Area of the Town constitutes a public nuisance, and that this nuisance must be abated
by removal or trimming as specified by the Santa Clara County Fire Department. Hazardous
vegetation (brush) is defined as a woody perennial plant usually with multiple stems and trunks
under ten feet in height. Hazardous vegetation (brush) is also .known to have a high oil, high resin,
or low moisture content in the leaves and branches. You should have already received a letter from
the Santa Clara County Fire Department generally describing required abatement actions.
NOTICE IS FURTHER GIVEN that propertyowners within the Hillside Hazardous
Fire Area shall, by July 2, 2001., or within the time specified in a written agreement with the Town
Director of Parks and Public Works, whichever time is later, take such steps as are necessaryto abate
the hazardous vegetation (brush) violations, or such violations will be corrected and such nuisance
abated by the Town of Los Gatos in contract with the County of Santa Clara, inwhich case such cost
of abatement will be assessed upon the lots and lands from which, or that are adjacent to the
sidewalks, streets, or .alleys on which such abatement has occurred, and will be collected upon the
next tax roll upon which general municipal taxes are collected and will constitute a lien on the
affected properties until paid. All property owners having anyobj ections to the proposed abatement
of the hazardous vegetation {brush) violations are hereby notified to attend a meeting of the Town
Council of the Town of Los Gatos to beheld in the Council Chambers of the Town, located at 110
East Main Street, Los Gatos, California, on MONDAY, JUNE 18, 2001, AT 7:30 P.M., when and
where their objections will be heard and given due consideration.
A COMPLETE .RECORD OF THIS PROCEEDING, INCLUDING THE RESOLUTION, IS
ON FILE IN THE OFFICE OF THE TOWN CLERK, located at 110 E. Main Street, Los Gatos,
CA. Further information regarding hazardous vegetation (brush and weed) abatement and hillside
fire hazards and prevention is available from the 'Santa Clara County Fire Department located at
14700 Winchester Boulevard, Los Gatos, CA, phone (408) 378-4010. Further information regarding
the location and effect of the .Hillside Hazardous Fire .Area maybe obtained from either the Santa
Clara County Fire Department at (408) 299-2041 -Ext. 211 or the Town Parks and Public Works
Department at 110 E. Main Street, Los Gatos, CA, phone {408) 399-5770..
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA