1991-019-Declaring Weeds A Public Nuisance And Providing Their AbatementRESOLUTION 1991-19
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING WEEDS A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State
of California authorize the Town of Los Gatos to prescribe a procedure for compelling the
owner, lessees or occupant of buildings, grounds, or lots to remove weeds from such
buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such
weeds at his expense, making the cost thereof a lien upon such property; and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure,
and such procedure is contained in Article 2, Chapter 14, Sections 14-13 through 14-20 of
the Los Gatos Town Code.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town Council hereby finds that "weeds", as that term is defined
in Section 14-13 of the Los Gatos Town Code, are growing upon and adjacent to private
property within the Town of Los Gatos, and declares that all weeds growing upon any
private property or properties, and in any sidewalk street, or alley within the Town of Los
Gatos are a public nuisance and should be abated.
FURTHER RESOLVED, that unless such nuisance be abated within thirty (30) days
after the adoption of this resolution, or within the time specified in a written agreement
with the Town Engineer, or his representative, whichever time shall be later, by the
destruction or removal of such weeds as provided in Article 2, Chapter 14, of the Los Gatos
Town Code, the Town of Los Gatos shall cause such nuisance to be abated, and the
expense thereof assessed upon the lots and lands from which, or in the front and rear of
which, such weeds shall have been destroyed or removed, such expense constituting a lien
upon such lots or lands until paid, and to be collected upon the next tax roll upon which
general municipal taxes are collected.
FURTHER RESOLVED, that the Town Engineer of the Town of Los Gatos shall
execute a "Notice to Destroy Weeds" in the same form as that notice annexed hereto, and
shall cause same to be published and posted in the manner prescribed by Section 14-15 of
the Los Gatos Town Code.
FINALLY RESOLVED, that on the 4th day of March, 1991, at a meeting of the
Town Council beginning at 7:30 P.M. in the Council Chambers of the Civic Center, 110 E.
Main Street, Los Gatos, California, a public hearing will be held during which all property
owners in the Town of Los Gatos having any objections to the proposed destruction or
removal of such weeds will be heard and given due consideration.
PASSED AND ADOP 1'ED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 4th day of February, 1991 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson
NAYS: None
ABSENT: Brent N. Ventura
ABSTAIN: None
SIGNED:
VICE -MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A I'I'EST:
)7
CLERK OF THE TOWN OF LOS Q TOS
LOS GATOS, CALIFORNIA
c6\cncirpts\weeds.eng
2
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING
TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on February 4, 1991, pursuant to the
provisions of Section 14-15 of the Town Code of the Town of Los Gatos, the
Town Council of said Town adopted a Resolution (1991-19) declaring that all
weeds growing upon any private property or in any street, sidewalk or alley,
as defined in Section 14-13 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 (30)
days after the adoption of such resolution, or within the time specified in a
written agreement with the Town Engineer of the Town of Los Gatos, or his
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, MONDAY, MARCH 4, 1991 AT 7:30 P.M. when and
where their objections will be heard and given due consideration.
A COMPLETE RECORD OF THE ABOVE IS ON FILE IN THE OFFICE
OF THE TOWN CLERK
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
PUB: FEB. 13, 1991 and FEB. 20, 1991
cc: Weekly
Times Observer
Manager
Engineering
Post: Library/Public Board
Clerk's File