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RESOLUTION 2012 -019 <br />RESOLUTION OF THE TOWN COUNCIL <br />OF THE TOWN OF LOS GATOS <br />DECLARING HAZARDOUS VEGETATION (BRUSH) <br />A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT <br />WHEREAS, Sections 39560 and following of the Government Code of the State of <br />California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing <br />to such size and such type and in such locations as to constitute a fire hazard to the community <br />may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, <br />grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard <br />from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to <br />mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and <br />parkways, and upon the person's failure to do so, to remove or abate such hazardous vegetation <br />(brush) at the owner's expense, making the cost of that abatement a lien upon the property; and <br />WHEREAS, the Town of Los Gatos has entered into an agreement with the County of <br />Santa Clara to provide hazardous vegetation (brush) abatement services; and <br />WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the <br />Uniform Fire Code adopted by the Town of Los Gatos in the Wild Land Urban Interface Areas <br />identified and shown on the "Hazardous Fire Area" map constitutes a public nuisance and should <br />be abated immediately; and <br />WHEREAS, the Fire Department has mailed notices to property owners in the Hillside <br />Hazardous Fire Area notifying them of the need to abate hazardous vegetation (brush) violations <br />and explaining the steps necessary to correct such violations. <br />NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los <br />Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, perennial <br />plant usually with multiple stems and trunks under ten feet in height and is indigenous to the <br />hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low <br />moisture contention in their leaves and branches. Examples of this type of plant material include <br />California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of <br />hazardous vegetation (brush) upon and adjacent to private property within the Hillside <br />Hazardous Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be <br />abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of <br />giving notice, supervising performance of the agreement with the County of Santa Clara, and <br />evaluating the costs of abatement. <br />BE IT FURTHER RESOLVED that the Clerk Administrator is directed to mail notice <br />of this resolution to the persons designated by the Superintendent in conformance with the <br />Government Code and publish notice of this resolution as provided in the Government Code. <br />1 <br />