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2009-007-Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Weeds) As A Public NuisanceRESOLUTION 2009 -007 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE WHEREAS, on November 17, 2008, the Town Council of the Town of Los Gatos adopted Resolution 2008 -126 entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT," directing the giving of notice that hazardous vegetation (weeds) 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 January 20, 2009 meeting, as the time for a public hearing by the Town Council, during which all property owners having any objections to the proposed destruction or removal of such hazardous vegetation (weeds) might be heard and given due consideration; and WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave notice of the passage of said Resolution No. 2008 -126 by causing copies of the NOTICE TO DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No. 2008 -126 to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos on December 10, 2008 and December 17, 2008 respectively, and causing said notice to be posted on December 3, 2008, in three (3) prominent places in the Town of Los Gatos; and WHEREAS, pursuant 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 such hazardous vegetation (weeds) were heard. NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY 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 (weeds) are hereby overruled, and the Director of Parks and Public Works, or his representative, is hereby ordered to abate such nuisance, or cause the same to be abated, by having the hazardous vegetation (weeds) referred to destroyed or removed by cutting, dicing, chemical spraying, or any other method which may hereafter be determined by the Town Council. FINALLY RESOLVED, that the Director of Parks and Public Works of the Town of Los Gatos, or his authorized agent or representative, and the Clerk Administrator are directed to proceed with the matters set forth in Section 11.20.020 through Section 11.20.045 of the Los Gatos Town Code, PASSED AND ADOPTED at a regular meeting of the Town Council held on the 20"' day of January, 2009 by the following vote: COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: A IWO4� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: r OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA t ATTACHMENT County of Beets Clam. Department of Agriculture and Environmental Management Weed Abatement Division 1553 Berger Drive Building 1 San Jose, CA 95112 (408)282 -3145 Fax (408) 286 -2160 November 14, 2008 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner; Your jurisdiction, contracts with the County of Santa Clara to operate a Weed Abatement Program to protect your property and the area surrounding it from possible fire. The County is providing this information and notice packet to you as part of the Program. We encourage you to read the information carefully, and do not hesitate to call us for clarification or other information. Your jurisdiction has or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds - or other debris. In addition, your jurisdiction will be conducting a public hearing to consider an abatement order to require you to remove any hazardous vegetation or combustible debris. The public hearing will be held on the date and at the place stated in the attached notice to destroy weeds. The public hearing provides an opportunity for you to raise any objections to the requirement that you remove fire - hazardous vegetation /debris from your property prior to the deadline provided in the attached abatement schedule. If the Weed Abatement Program is approved for your property during the public hearing, the County will be authorized by its contract with the cities, and by state law, to perform an inspection of your property to determine whether or not the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. If you do not complete the abatement work prior to the County inspection of your property, you will be responsible for the cost of the inspection and your property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges other than the cost of inspection. Should the abatement work be completed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee. The County will choose the least costly method of abatement considering the physical characteristics of your property and environmental concerns. lees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by your jurisdiction, Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. You can avoid all costs by completing the abatement work yourself according to Minimum Fire Safety Standards (sae enclosed brochure) prior to the abatement deadline X or your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs through October. Parcels will be removed from the program after three (3) consecutive years of voluntary compliance (work completed prior to the deadline). Board or Supervisurs; Donald P, Gage, Blanca Alvarado, Pete McHugh, Ken Yeager,, Uz Kniss County Executive; PeterKutras, Jr. In preparation for this program, please take the time to complete and return the enclosed Reps Form so that we understand your intentions regarding maintenance of your property. Unless You contact this office to indicate otherwise, you will have consented to the entry of authorized personnel on your property for inspection purposes and for any necessary abatement; and, in the case of locked properties, you are consenting to county contractors accessing your property using whatever reasonable means are necessary. If you designate in your reply that you intend to abate the weeds yourself, you are expected to complete the abatement before the deadline listed on the abatement schedule and maintain fire safe conditions for the duration of fire season. Responding that you intend to provide maintenance yourself does not release you from this responsibility to have the maintenance completed before your deadline and repeated as necessary to maintain Minimum Fire Safe Standards. County contractors will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction. Enclosed you will find the following information: ✓ A Reply Form specific to your property. Please complete and return promptly, ✓ A Notice to Destroy Weeds informing you of an upcoming public meeting that you must attend if you have any objections to the proposed removal of hazardous vegetation or debris from your property. ✓ A Weed Abatement Program Schedule for your city and a current County price list. ✓ A Brochure about the Santa Clara County Weed Abatement Program. Please be aware that any abatement performed by the County contractor must be in compliance with all applicable environmental protection regulations, If your property falls within an area designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods of vegetation clearing may be regulated by specific laws or local ordinances. If you are no longer the owner of the property identified by this mailing, please notify the County immediately.. 1f you sell your property after the date of this letter, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for all hazard abatement charges assessed to the property. Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure that all properties are safe from fire at all times during the year. If you have any questions about your property or need on -site advice to help you achieve compliance with the Minimum f=ire Standards, please call the Santa Clara County Weed Abatement Program at (408) 282 - 3145. Sincerely, Greg an Wassenhove, Agricultural Commissioner County of Santa Clara TRA 03 rya :_.t.i NOTICE IS HEREBY GIVEN that on November 17, 2008, pursuant to the provisions of Section 11.20,.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Pubic Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be Held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 20th, 2008 at 7:00 p.m,, or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration, The language aced format for this notice is required by California Health and Safety Code Sections 14,891 Et. Seq. (over) LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE JauuaiT 20, 2009 Public hearing to consider objection to Abatement List, April 15, 2009 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July - August, 2009 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Cleric) 2009 COUNTY WEED ABATEMENT FEES Please be advised that the property owner of any parcel found to be non - compliant on or after the April I" deadline will be charged an inspection fee of 0298.00 and the property will be scheduled for abatement by the County contractor, If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Sliould the abatement fvork be performed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee of 150 %. 2009 COUNTY CONTRACTOR'S 'WEED ABATEMENT PRICE LIST Prices INCLUDE a 150% County Administrative Fee A) Disc Worl( ** PARCEL SIZE: 0- 12,500 sq.ft. 12,501sq.ft.- 43,560sq.ft. Larger than 1 Acre 1 st Disc + 2"' Disc $801.83 080,18 $801.83 $106.90 $534.55 $106.90 = Total Discs $ 882.01 $908.73 5641.45 (PER. ACRE) ;k * It is required that parcels be disced twice a year. The cost for the first discing is .higher due to additional work normally required during the first discing. B) HANDWORK $113.60 PER PERSON, PER HOUR C) FLAIL 6 Foot Mower $192.43 PER HOUR. MOWING 12 Foot Mo $384.88 PER HOUR D) LOADER WORT( $334.10 PER HOUR E) DUMP TRUCK $334.10 PER HOUR F) BRUSH WORK( $113.60 PER HOUR G) BOOM MOWING $441.00 PER HOUR G) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note -this program does not offer herbicide application as a method of abatement (over)