1988-030-Declaring Weeds A Public Nuisance And Providing For Their Abatement And Setting A Public Hearing In Order To Hear ProtestsRESOLUTION NO. 1988 -30
A RESOLUTION DECLARING WEEDS A PUBLIC
NUISANCE AND PROVIDING FOR THEIR ABATEMENT
AND SETTING A PUBLIC HEARING IN ORDER TO HEAR PROTESTS
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, lessee 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 7th day of March, 1988, at a meeting of the Town
Council beginning at 7:30 P.M. in the Council Chambers of the Civic Center, 110 East
Main Street, Los Gatos, California, a public hearing will be held at 8:00 p.m.
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 ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on 1st day of February, 1988, by the following vote:
AYES:
COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura and Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN:
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
SIGNED:
None
Joanne Benjamin
CLERK "OF THE TOWN OF LOS GATO
erz
TOWN OF LOS GATOS
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on February 1, 1988, 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 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, on March 7, 1988, at 7:30
o'clock p.m., when and where their objections will be heard and given due
consideration.
Dated: February 1, 1988
PUBLISH: February 10 & 17, 1988
POST: February 10, 1988