Attachment 4From: Phil Koen
Sent: Monday, January 16, 2017 10:29 AM
To: Laurel Prevetti
Cc: Robert Schultz
Subject: Agenda Item #10 -- pictures
Dear Laurel,
Please pass the attached photos of parcel 510-41-068 to the Town Council. These photos were
taken very recently and accurately show the state of the parcel.
Phil Koen
A
January 15, 2017
Re: Agenda Item #10 — 2017 Weed Abatement Program
Dear Town Council,
Action Requested
Please instruct Staff to add parcel 510-41-068 to the 2017 Weed Abatement Program and instruct Staff
to have the parcel properly abated to comply with both the County's minimum fire safety standards and
the Town's Weed Ordinance.
Background
Parcel 510-41-068 has been in the Weed Abatement Program every year since 2010. This parcel is
located on Laurel Avenue, which is less than %2 mile from downtown, and is approximately 1.6 acres in
size. The parcel is located in the Wildland Urban Interface Fire area and has been designated by CAL FIRE
as a (LRA) VHFHSZ (local responsibility area very high fire hazard severity zone), which is the highest fire
severity ranking issued by CAL FIRE.
The lot is undeveloped, zoned R-1:8, covered with hazardous brush, vegetation, weeds, fallen tree limbs
and combustible trash. I have attached recently taken pictures which confirm the condition on the
ground. I invite the Town Council to personally inspect the parcel to confirm what I have represented is
correct.
Additionally the parcel is surrounded on all sides by developed property and a multi -tenant
condominium complex. The improved market value of the immediately adjacent property is in excess of
$100m.
It does not take a fire expert to realize that a fire on this parcel would be devastating and represents a
real danger to the adjacent improved property. When I applied for fire insurance 18 months ago on my
newly constructed home, I was denied coverage from over 5 insurance companies because of the
uncontrolled growth on parcel 510-41-068.
Discussion
The County Weed Abatement Director dropped this parcel from the 2017 list of parcel to be abated
claiming that the parcel has been declared "voluntarily compliant" and hasn't "failed an inspection" for
the past three years. I have attached an email that I received from Mr. Kumbre which explained his
actions.
I have written to the Town Council, the Town Manager, the Town Attorney, the Town Parks and Public
Work Director, the County Fire Marshall and the Director of the Santa Clara County Weed Abatement
Program over 6 months ago alerting everyone to the fact that this parcel does not meet the Town's
Weed Abatement Ordinance. All of these individuals (with the exception of Town Council) have visited
the parcel. No one would dispute the pictures that I have attached.
Contrary to the claims of the County Weed Abatement Director, for the past three years this parcel has
not been abated and has not complied with the Santa Clara County minimum fire safety standard, a
copy of which I have attached. Mr. Kumbre is very aware that this parcel does not have a 30 foot
clearance around the perimeter property lines, and that the vegetation exceeds 6 inches. He also knows
the property has dead trees, vast amounts of combustible brush, dead vegetation and bio fuel on the
parcel. The existence of any of the above represents a violation of the minimum fire safety standards.
One month ago I had a discussion with the Town Attorney regarding the proper steps to be taken to get
this parcel abated. The conversation was constructive and we agreed on a path forward. During that
discussion I specifically requested that he insure that the parcel remain in the Weed Abatement
Program. I did this because I was concerned that my repeated requests for abatement had created an
adverse situation with Mr. Kumbre, and I wanted to make sure that the Town would not "drop" the
parcel from the Town's program.
By dropping this parcel from the list of parcels to be abated, a chilling message is sent to anyone who
legitimately questions the enforcement actions of the Town and the Weed Abatement Department
and it potentially undercuts the legitimacy of the Town's Weed Abatement program, whose sole
purpose is to save guard the public from fire.
Fiscal Impact
There should be no fiscal impact of including this parcel in the 2017 Weed Abatement Program. The
Santa Clara County Department of Agriculture Management expenses are recovered through the Weed
Abatement Program administrative fees charged to property owners.
Compliance with Government Code Section 51175 - 51189
Basic authority and responsibilities of the LRA VHFSZ are found in Government Code Sections 51175 —
51189. The purpose of this Government Code chapter is to classify lands in accordance with whether a
very high fire hazard severity is present so that public officials are able to identify measures that will
mitigate the rate of spread and reduce the potential intensity of uncontrolled fires that threaten to
destroy resources, life or property and to require that those measures be taken. The Town of Los Gatos
must comply with this Government Code section.
Environmental Assessment
The lot maybe considered a riparian area or resource sensitive area which may require environmental
review and a permit from the USFW or CDFG or a grading permit from the Town before any work could
be done. Securing these permits should not be a basis for not abating the project. In fact neither the
Town Ordinances of governing California law give an abatement exception to environmentally sensitive
areas.
Alternative
In researching the Town's Hazardous Vegetation Abatement Program abatement, I learned that as far
back as 2007 the Town also participated in a parallel program administered by the County Fire
Department called the Brush Abatement Program. This program, per Staff reports, was created after the
disastrous 1995 Oakland Hills fire. Under this program properties are inspected in April and property
owners receive abatement notices from this program as well. This is a separate program from the
County Agricultural Commission's Office. The focus of this program is the identification of perennial
vegetation, brush, trees and shrubs in designated very high fire hazard areas.
Historically the Hazardous Weed and Brush Abatement programs were two programs that are operated
by the County to identify hazardous vegetation locations and to notify property owners about the
possibility of fire hazards. The two County departments were effectively working together to coordinate
these programs. The time table for the Brush Abatement Program was consistent with the generally
accepted procedures throughout Santa Clara County as recommended by the County Agricultural
Commissioner's Office. I am not aware of any action the Town has taken to implement a Brush
Abatement program similar to what was implemented in 2007, 2008, and 2009. This maybe an
alternative solution.
Conclusion
There is not a more worthy parcel in all of Los Gatos that should be on the Weed Abatement list. This
lot is covered with hazardous vegetation, brush, dense bio fuel and rubbish. It poses a serious fire threat
during the summer months to all of the developed property surrounding the parcel. The lot is bordered
on two sides by Laurel Ave and Wadsworth Ave. It is easily accessible and not inconceivable that a
burning cigarette thrown from a passing car could ignite this parcel.
The Town has adopted Hazardous (Weed) Abatement Program (Town Code Chapter 11, Article 11) and
acknowledges that hazardous vegetation poses a serious threat during the summer months. I
respectively request that the Town take all necessary steps to protect the surrounding developed
property and to inforce the Town Ordinance and Government Code by requiring abatement and the
creation of a 30 foot defensible space around the perimeter of the parcel.
Sincerely,
Phil Koen
From: Kumre, Moe
To: Phil Koen
Cc: Jvlatt Morley
Subject: RE: PRC 4291
Date: Friday, January 13, 2017 2:33:50 PM
Mr. Koen
The weed abatement program states that any property that was declared voluntary compliant for
three consecutive years is to be removed from the program.
This property has not been listed to have a failed inspection for over three years and has been
removed from the program.
If you have any further question or concerns about this property please contact the Los Gatos Town
Attorney.
Moe Kumre, Manager
Weed Abatement Program
County of Santa Clara
Consumer and Environmental Protection Agency
Office: 408-282-3123
Cell: 408-690-4195
From: Phil Koen [mailto:pkoen@monteropartners.com]
Sent: Friday, January 13, 2017 10:39 AM
To: Kumre, Moe <Moe.Kumre@cep.sccgov.org>
Subject: RE: PRC 4291
Hi Moe,
I just reviewed the list of parcels that you are recommending to be included in the Weed Abatement
Program for this year. Parcel 510-41-068 has been dropped. Can you please provide an explanation
for this given that this parcel is, and for a number of years, has never been in compliance with the
Program.
I look forward to hearing from you.
Phil Koen
From: Kumre, Moe [mailto:Moe.KumrePceo.sccgov.org]
Sent: Monday, October 3, 2016 9:47 AM
To: Phil Koen <,pkoenPmonteropartners.com>
Cc: Stefanie Hockemeyer <SHockemeyerPLosGatosCA,gov>
Subject: RE: PRC 4291
Mr. Koen
It was the determination of this department at the time of the inspection that most of the growth
near the property boundaries is Live Ivy and other living brush. These types of plants are not
considered flash fuels and would not have to be cut.
The area with the large fallen tree does not pose a significate fire hazard as it is also not a flash fuel.
This is a wild property and a riparian zone. These conditions require special handling and may
require permits and environmental review before any work could be done.
Any work performed on this property is open for a challenge by the property owner and we do not
believe we could fully justify the charges and would be unable to collect the fee to cover the cost of
the abatement.
Moe Kumre, Manager
Weed Abatement Program
County of Santa Clara
Consumer and Environmental Protection Agency
Office: 408-282-3123
Cell: 408-690-4195
From: Phil Koen[mailto:pkoenPmonteropartners.com]
Sent: Monday, October 03, 2016 9:19 AM
To: Kumre, Moe <Moe.KumrePcep,sccgov.org>
Subject: PRC 4291
Moe,
I greatly appreciate your help, but unfortunately the Town's response saying that upon review the
County and the Town have not been able to identify additional abatement is unacceptable. This
parcel is a fire hazard and doesn't comply with the Town's ordinance (see Chapter 11 Article 2) on
weed abatement. The fact that this parcel is in the weed abatement program acknowledges this fact.
As you know having visited the parcel, there is a tremendous amount of dead trees, rubbish and
dead vegetation on this parcel. Before I take this to the next level, I would very much appreciate a
phone conversation with you so that I understand your position on this parcel. Frankly, it just doesn't
make sense. I have been told a number of different stories, from the parcel is environmentally
protected (which it isn't) to the parcel is too steep (which it isn't) to the parcel should only be
cleared of weeds and not dead trees and rubbish (which is also incorrect based on the Town
ordinance).
I have also attached a copy of a brochure published by El Dorado Hills which specifically outlines the
steps required by this town to properly abate a vacant lot. I am sure that the weed abatement
program for Santa Clara County contemplates following this same procedure in creating the proper
fire defense zone. It is not clear to me that the Town's and county's reluctance to abate the parcel is
because the lot is unimproved. Perhaps you can clarify this for me.
When would it be convenient to speak?
Phil
MINIMUM FIRE SAFETY STANDARDS
1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.
2. Maintain grasses and weeds below six inches for ten feet horizontally on both sides of all roadways, including
driveways and access routes.
3. Clear flammable vegetation a minimum of thirty feet around any structure, occupied or not. Ornamental vegetation
should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100-foot clearance.
4. Parcels up to one acre shall be completely abated. Parcels one to five acres require 30-foot clearance around
structures and perimeter property lines. Additional 30-foot cross fuel breaks may also be required.
5. Parcels larger than five acres require 30-foot clearance around structures and perimeter property lines in addition to
30-foot cross breaks as needed to separate the remaining vegetation into sections no larger than five acres.
6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked
firewood and neatly piled yard waste is not considered to be combustible debris.
7. Keep vegetation cleared from under the eaves of houses.
8. Trim tree branches to at least ten feet from chimney.
9. Clear leaves, pine needles and debris from roof and gutters.
teiealFi�tairn
minimum 30' ciemarice of brush
end ceamlwatibte vegetation
around all stmetrtrac.
Staeick
woodpiles at feast 3n from tauitdinge,
fences and other combuaflble
materials.
laispie see
of trash. refuse. rubbish. trimmings anti
other combustible debris by hating it
hauled to local LandFlll.
T.trr,
overhanging trees
10 from chimney:
one large trees
around btrutturea,
l�}
overhanging trees
10 from chimney.
limb large trees
around structures.
Fire Resistant landscaping
hwirwte.,;+ Gleamy
leaves, twigsand other
combustible debris oft
root.
fir
clear
combustible vegetation
and debug from beneath
decks.
Closer
house number, in en emerrgpeency,
the address should be ealfily seers
andreedebie from the street.
Mies testes ire
the grasses and weeds on your property below 6'. Areas of 1 acre
or more may be completely thecae!, fire broken or grimed with perimeter,
maintained. Pieria° cavil for regreirements for your pert utar parcel.
The following is a partial list of fire resistant plants that you may choose to use around your home 10 reduce the risk of fire. Contact your local
nursery for selections appropriate to your area,
Trees:
African Sumac
Brazilian Pepper
California Pepper
Shrubs:
Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escaifonia
Hopseed Bush
Italian Buckthorn
Lemonade Berry
Texas Privet
Groundcover:
Aaron's Beard
Australian Daisy
Candytuft
Capeweed
Freeway Daisy
Ice Rant
Ivy
Morning Glory Bush
Rock rose
Fire Safety
Through
Vegetation
Management
Santa Clara County
Agricultural Commissioner's Office
Weed Abatement Program
1553 Berger Drive #1
San Jose, CA 95112
Phone: (408) 282-3145
Fax: (408) 286-2460
SCC.44.;eci \liar;Tu'Irt'q.AE .org
The Santa Clara County
Weed Abatement Program
The Santa Clara County Department of Agriculture and
Environmental Management and your city are working
together to protect your community from fire. We need your
help. Please read and follow the directions provided in this
brochure regarding fire prevention on your property. The
purpose of the Weed Abatement Program is to prevent fire
hazards posed by vegetative growth and the accumulation of
combustible materials.
The Weed Abatement program is entirely funded from fees
charged to residents if the County contractor must perform
weed abatement work on the property or, if the property is
not in compliance with Minimum Fire Safety Standards
(MFSS) when it is first inspected by the County in the spring.
Properties that fail the initial inspection will be charged an
inspection fee, even if the resident completes the weed
abatement. Properties that meet and maintain the MESS will
not be charged.
Program staff annually inspect parcels at the beginning of the
fire season, which is typically in March or April depending on
your jurisdiction. If the parcel is not in compliance at the time
of inspection, the property owner will be charged an
inspection fee, and the owner will be sent a courtesy notice
as a reminder to abate the weeds. If the weeds are not
abated by the property owner, the work will be completed by
the County contractor. The property owner will pay a fee
equal to the contractor's charges plus a County
administrative fee. All fees wit be included in your property
tax bill.
Our Goal Is Voluntary Compliance
Property Owner's Responsiblilifles
• Do not allow a fire hazard to exist on your property. The
Minimum Fire Safety Standards (MFSS) in this brochure
give you guidelines to follow in order to maintain your
property and protect against a fire hazard. Please contact
our office if you need guidance or have any questions
regarding the requirements!
• Make arrangements to have your property maintained
throughout the year. Contractors can be found in the
yellow pages. You may choose to have the County
contractor maintain your property. A current price list is
included in your packet.
• Please complete and return the Reply Form provided in
your mailing packet by the date on the form. Indicate your
preference regarding performance of weed abatement
services.
Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic
inspections on all parcels included in the Santa Clara
County Weed Abatement Program, Properties that fail the
initial inspection will be charged an inspection fee, even if
the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all
necessary abatement work on any parcel where the MFSS
are not met. An attempt will be made to give the owner a
courtesy notice prior to initial abatement.
• On properties where the MFSS have been met, but a fire
hazard still exists, the Agricultural Commissioner's Office
wit send a letter to the owner specifying additional work
that needs to be performed.
• The County contractor uses several methods of abatement
including diiscing and handwork. The property owner is free
to select whatever method they choose, provided the MFSS
of all federal, state and local laws are met.
• The Agricultural Commissioner's Office will place inspection
costs and the charges for County contractor services plus a
County administrative fee on the property owner's tax bill
during the next fiscal year.
Burrowing Owls
These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.
These owls are listed as a state Species of Special Concern
and are protected by the federal Migratory Bird Treaty Act. If
you suspect burrowing owls on your property you must use
another form of weed abatement such as mowing or weed
eating. If you request the County perform abatement
services, please notify program staff or your City if burrowing
owls are known to exist on vour orooertv.
Frequently Asked Questions
Q. Why have 1 received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed
Abatement Inspector identified a potential fire hazard on the
property, Fire Departments and other agencies also submit
complaints to the Agricultural Commissioner's Office.
Q. What is required of me now that 1 am on the Program?
A. All property owners are required to maintain their property
free of fire hazards throughout the year.
More FAQ:
Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective
is voluntary compliance. See the first two paragraphs of
this brochure for further specifics.
Q. How long will l be on the Program?
A. Your property will remain on the Program for three
years. If no hazards are found during that time your
property may be removed from the program.
Q. How much will this cost me?
A. There will be no cost to you if the Minimum Fire Safety
Standards (MFSS) are met by the given deadline and maintained
through the fire season by the County. If the parcel does not meet
the MFSS when it is first inspected in the spring, or if work is
required by the County contractor, you will be charged a fee. Our
goal is to ensure that the MFSS are met at the lowest possible
cost to the property owner.
Q. How will I be billed?
A. Should the parcel fail the initial inspection, the charges for the
inspection and any abatement work performed will appear as a
special assessment on your next property tax bill.
Q. Why have you performed work on my property
while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been
declared a public nuisance by your jurisdiction. Abating fire
hazards in the spring to minimize volume of combustible
material helps us to be more effective during the peak fire
season.
Q. Will you notify me prior to beginning abatement
work?
A. Property owners are responsible for preventing fire
hazards on their property. If the MFSS have been met, but
further work is necessary, you will receive notice prior to
the County contractor performing the work. If the MFSS
have not been met, an attempt will be made to give the
owner a courtesy notice prior to initial abatement.
Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the
Yellow Pages under "Weed Control Services" or "Discing
Services". You may have the County contractor perform
the necessary work; see your mailing packet for a current
price list as administrative costs are charged.
Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you
and answer your questions. Please call our Customer
Service fine at (408) 282-3145 to schedule a consultation
with program staff or to obtain additional information.
Government Code
Section 51182
LRA Requirements
51182.
(a) A person who owns, leases, controls, operates, or maintains any occupied dwelling or
occupied structure in, upon, or adjoining any mountainous area, forest -covered land, brush -
covered land, grass -covered land, or any land that is covered with flammable material,
which area or land is within a very high fire hazard severity zone designated by the
local agency pursuant to Section 51179, shall at all times do all of the following:
(1) Maintain around and adjacent to the occupied dwelling or occupied structure a
firebreak made by removing and clearing away, for a distance of not less than 30 feet on
each side thereof or to the property line, whichever is nearer, all flammable vegetation or
other combustible growth. This paragraph does not apply to single specimens of trees or
other vegetation that is well -pruned and maintained so as to effectively manage fuels and
not form a means of rapidly transmitting fire from other nearby vegetation to any dwelling or
structure.
(2) Maintain around and adjacent to the occupied dwelling or occupied structure
additional fire protection or firebreaks made by removing all brush, flammable vegetation,
or combustible growth that is located within 100 feet from the occupied dwelling or
occupied structure or to the property line, or at a greater distance if required by state law, or
local ordinance, rule, or regulation. This section does not prevent an insurance company
that insures an occupied dwelling or occupied structure from requiring the owner of the
dwelling or structure to maintain a firebreak of more than 100 feet around the dwelling or
structure if a hazardous condition warrants such a firebreak of a greater distance. Grass
and other vegetation located more than 30 feet from the dwelling or structure and less than
18 inches in height above the ground may be maintained where necessary to stabilize the
soil and prevent erosion. This paragraph does not apply to single specimens of trees or
other vegetation that is well -pruned and maintained so as to effectively manage fuels and
not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or
structure.
(3) Remove that portion of any tree that extends within 10 feet of the outlet of any
chimney or stovepipe.
(4) Maintain any tree adjacent to or overhanging any building free of dead or dying wood.
(5) Maintain the roof of any structure free of leaves, needles, or other dead vegetative
growth.
(6) Prior to constructing a new dwelling or structure that will be occupied or rebuilding an
occupied dwelling or occupied structure damaged by a fire in that zone, the construction or
rebuilding of which requires a building permit, the owner shall obtain a certification from the
local building official that the dwelling or structure, as proposed to be built, complies with all
applicable state and local building standards, including those described in subdivision (b) of
Section 51189, and shall provide a copy of the certification, upon request, to the insurer
providing course of construction insurance coverage for the building or structure. Upon
1
Government Code
Section 51182
LRA Requirements
completion of the construction or rebuilding, the owner shall obtain from the local building
official, a copy of the final inspection report that demonstrates that the dwelling or structure
was constructed in compliance with all applicable state and local building standards,
including those described in subdivision (b) of Section 51189, and shall provide a copy of
the report, upon request, to the property insurance carrier that insures the dwelling or
structure.
(b) A person is not required under this section to maintain any clearing on any land if that
person does not have the legal right to maintain the clearing, nor is any person required to
enter upon or to damage property that is owned by any other person without the consent of
the owner of the property.
2
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
JANUARY 4, 2007
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
MEETING DATE: 1/16/07
ITEM NO:
-SUBJECT'- - PUBLICHEARING = HAZARDOUSVEGETATION"ABATEMENT (WEEDS) "
ADOPT RESOLUTION ORDERING ABATEMENT OF HAZARDOUS
VEGETATION (WEEDS)
RECOMMENDATION:
1. Open and hold the public hearing.
2. Close the public hearing.
3. Adopt resolution ordering abatement of hazardous vegetation (weeds).
BACKGROUND:
The Council annually adopts a Hazardous Vegetation (Weed) Abatement Resolution in
coordination with the County Agricultural Commissioner's Office. This program is regulated by
the Health and Safety Code and has been in place for over 25 years. The purpose of this program
is locating annual herbaceous vegetation, noxious weeds, and combustible debris for removal.
The County Agricultural Commissioner's Office will conduct annual site reviews prior to the fire
season and will maintain a listing of properties where removal has been identified.
On November 20, 2006, the Town Council passed a resolution declaring hazardous vegetation
(weeds) a public nuisance and set January 16, 2007 as the date for public hearing. The required
posting and publishing has been done. The property owners have also received a notice and
guidelines from the County Agricultural Commissioner's Office dated December 6, 2006 to
remove the hazardous vegetation from their property.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
N_1B&EICOUNCIL REPORTS\weeds.public.hearing.1-16-07.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PUBLIC HEARING - HAZARDOUS VEGETATION ABATEMENT (WEEDS)
JANUARY 4, 2007
DISCUSSION:
In addition to the Hazardous Vegetation Abatement Program, the County Fire Department
created a Brush Abatement Program in 1995, after the Oakland Hills fire. In this program,
properties are inspected in April and property owners receive abatement notices from this
program also. This is a separate program from the County Agricultural Commissioner's Office.
The focus of this program is the identification of perennial vegetation, brush, trees, and shrubs in
designated high fire hazard areas. The report for the Brush Abatement program will be brought
to the Council in May 2007.
The Hazardous Weed and Brush Abatement are two programs that are operated by the County to
identify hazardous vegetation locations and to notify property owners about the possibility of fire
hazards. The two County departments are effectively working together to coordinate these
programs. The time table for the Brush Abatement Program is consistent with the generally
accepted procedures throughout Santa Clara County as recommended by the County Agricultural
Commissioner's Office.
CONCLUSION:
The Town annually declares hazardous vegetation (weeds) a nuisance due to fire danger and
enters into a contract (along with other municipalities) with the County to abate the hazardous
vegetation (weeds) not removed by property owners.
FISCAL IMPACT:
There is no fiscal impact.
Attachments:
1. Resolution overruling objections and ordering abatement (with Exhibit A - Notice of Public
Hearing)
2. Letter to Property Owners (with attachments) prepared by the Office of the County
Agricultural Commissioner
Distribution:
Greg Van Wassenhove, Agricultural Commissioner, County of Santa Clara, Department of
Agriculture and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA
95112
Moe Kumre, Program Coordinator, Agricultural Commissioner, County of Santa Clara,
Department of Agriculture and Environmental Management, 1553 Berger Drive, Building #1,
San Jose, CA 95112
RESOLUTION
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 20, 2006, the Town Council of the Town of Los Gatos
adopted Resolution 2006-118 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 16, 2007 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. 2006-118 by causing copies of the NOTICE TO
DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No. 2006-118
to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in
the Town of Los Gatos on December 13, 2006 and December 20, 2006 respectively, and causing
said notice to be posted on December 6, 2006, 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.
ATTACHMENT 1
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..RESOL_VED,_that _the_Dizeetor. of_Parks_.and_Rublic._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 16th
day of January, 2007 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
OFFICE OF THE CLERK ADMINISTRATOR
NOTICE OF PUBLIC HEARING
TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on November 20, 2006, 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 (2006-118) 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 Codeconsttute 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 Director of Parks and Public Works of the Town of
Los Gatos, or the Director of Parks and Public 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, TUESDAY, JANUARY 16, 2007, AT
7:00 P.M. or as soon thereafter as the matter can be heard, 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 CLERK ADMINISTRATOR
/s/ Jackie Rose
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
PUB: December 13, 2006 and December 20, 2006
'EXHIBIT A
County of Santa Clara
Department of Agriculture and Environmental Management
Weed Abatement Division
1553 Berger Drive
Building 1
San Jose, CA 95112
(408) 282-3145
Fax (408) 286-2460
December 6th, 2006
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. After the
inspection, the County will order necessary abatement work, and have that work completed by a
County contractor. The County will choose the least costly method of abatement considering
the physical characteristics of your property and environmental concerns. Added to the cost of
abatement is a County administrative fee. These fees 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 (see enclosed brochure) prior to the abatement deadline
for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration
of fire season, which typically runs through October.
In preparation for this program, please take the time to complete and return the enclosed Reply
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
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete Mcl3ugh, James T. Beall, Jr., Liz Kniss
County Executive: Peter Kutras, Jr.
ATTACHMENT 2
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 anyother 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. If 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 Fire Standards, please call the Santa Clara County Weed Abatement Program at
(408) 282-3145.
Sincerely,
Greg Van Wassenhove
Agricultural Commissioner
County of Santa Clara
•The Santa Clara County
Need Abatement Program
elSnta Clara County Department of Agriculture ands
r ortnental Management and your city are workingN.
-Of to protect your community from fire. We needy
,yottr,Ahelp. Please read and follow the directions!
o idetl in this brochure regarding fire prevention on!'
oti pj perty, The purpose of the Weed Abatement:
CoFat is to prevent fire hazards posed by vegetative;
rowthand the accumulation of combustible materials. I
iv staff inspects parcels that have been included
It
hetogram throughout the year, Work is ordered by
trf Inspectors and completed by the County,
Ontrai for on any parcel where such work is requested,'
o;0 parcels where the Minimum Fire Safety'
Stafi.dands (MFSS) have not been met at the time of the
r2t`�,1,
!nspec*son. If the County contractor provides abatement
eu�
Se vices, the contractor's charges plus a County
fl 15 native fee is included in your property tax bill.
oal Is Voluntary Compliance
krxfy Owner's Responsiblffifies
t allow a fire hazard to exist on your property!
,,,341inimum Fire Safety Standards (MFSS) in this
roure give you guidelines to follow in order to!
-.m main your property and protect against a fire;
d. Please contact our office if you need huldal a dnce or have any questions regarding they
+svxa
requirements!Vao
ake arrangements to have your property
a stained throughout the year. Contractors can be
in the yellow pages. You may choose to have
e County contractor maintain your property. A
• ckret price list is included in your packet.
ease complete and return the Reply Form provided
Our mailing packet by the date on the form!
to your preference regarding performance of
abatement services. Be sure to note any,
s on
•tL btl r ings, piping,t irrigation your
property
and surveyor
akbrs, crops and plantings so that we may avoid
'Map
wage to your ro e
F4.
ram
.11
ffefititill
• Weed Abatement inspectors will perform periodic t
inspections on all parcels included in the Santa Clara
County Weed Abatement Program.
• Inspectors will order the County contractor to perform all
necessary abatement work on any parcel where the MFSS 5
are not met, An attempt will be made to give the owner a
courtesy notice prior to initial abatement. t
• On properties where the MFSS have been met, but a fire i
hazard still exists, the Agricultural Commissioner's Office
will send a letter to the owner specifying additional work
that needs to be performed.
1,• If this work is not done within ten days of the additional
notice, the County contractor will perform the work.
• The County contractor uses several methods of abatement g
including discing and handwork. The property owner is free
to select whatever method they choose, provided the f
MFSS of all federal, state and local laws are met.
• The Agricultural Commissioner's Office will place charges
for County contractor services plus a County administrative
[1"-fee on the property owner's tax bill during the next fiscal
year.
These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.
These owls are listed as a state Species of Special Concern
and are protected by the federal Migratory Bird Treaty Act. If
you suspect burrowing owls on your property you must use
another form of weed abatement such as mowing or weed
eating. If you request the County perform abatement
services, please notify program staff or your City if burrowing
owls are known to exist on your property.
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed
Abatement Inspector identified a potential fire hazard on the
f property. Fire Departments and other agencies also submit
complaints to the Agricultural Commissioner's Office.
Q. What is required of me now that 1 am on the Program?
A. All property owners are required to maintain their property
free of fire hazards throughout the year.
Mo f • °
Q. What Is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is
voluntary compliance. See first two paragraphs of this
brochure for further specifics.
Q. How long will t be on the Program?
A, Your property will remain on the Program for three years.
If no hazards are found during that time your property may
be removed from the program.
Q. How much will this cost me?
A. There will be no cost to you if the Minimum Fire Safety
Standards (MFSS) are met by the given deadline and E
maintained through the fire season. if work is required by the
County contractor you will be charged for the contractor's
services plus a County administrative fee. Our goal is to j
ensure that the MFSS are met at the lowest possible cost to
the properly owner.
Q. How will I be billed?
A. If the County contractor performs abatement work on your
property, the charges will appear as a special assessment f
on your next property tax bill..
Q. Why have you performed work on my property while
the Vegetation is still green?
A. Grass, weeds or piles of combustible debris have been
declared a public nuisance by your jurisdiction. Abating
hazards in the spring to minimize volume of combustible
material helps us to be more effective during the peak fire
season.
Q. Will you notify me prior to beginning abatement
work?
A. Property owners are responsible for preventing fire
hazards on their property. if the MFSS have been met, but
further work is necessary, you will receive notice prior to the
County contractor performing the work. if the MFSS have
not been met, an attempt will be made to give (he owner a
courtesy notice prior to initial abatement. r.
Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow
Pages under "Weed Control Services" or °Disdng Services°.
You may have the County contractor perform the necessary
work; see your mailing packet for a current price list.
Q. How can t get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you
and answer your questions. Please call our Customer
Service line at (408) 282-3145 to schedule a consultation with
rogram staff or to obtain additional information. _„
MINIMUM FIRE.SAFETY STAN
Vegetation must not exceed 6 inches in height any; time after the compliance deadline.
1:Maintain grasses and weeds below six inches for ten feet horizontally on both sides of all roadways, including
driveways and access routes.
>' Clear flammable vegetation a minimum of thirty feet mound any structure, occupied or not. Ornamental vegetation
','should be kept clear of dead material. Some condition's, such as slopes, may require up to 1 OOft of clearance.
:Parcels up to one acre shall be completely abated. Parcels one to five acres require 30-foot clearance around
'structures and perimeter property lines. Additional 30-foot cross fuel breaks may also be required.
Parcels larger than five acres require 30-foot clearance around structures and perimeter property lines in addition to 30-
foot cross breaks as needed to separate the remaining vegetation into sections no larger than five acres.
Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked
firewood and neatly piled yard waste is not considered to be combustible debris.
r:; Keep vegetation cleared from under the eaves of houses.
Trim tree branches to at least ten feet from chimney.
Clear leaves, pine needles and debris from roof and gutters.
Trim
overhanging trees
10' from chimney.
Limb large trees
around structures.
Maintain
minimum 30' clearance of brush
and combustible vegetation
around all structures.
Stook
woodpiles et least 30' from buildings,
fences and other combustible
materfais.
Trim
overhanging trees
10' from chimney.
Limb large trees
around structures.
Disposer
of trash, refuse, rubbish, trimmings and
other combtstibie debris by having it r✓taintain
hauled to local dumping grounds. the' grasses and weeds on your property below 6". Areas of 1 acre
Rpppr�i rttg`p- lea r or more may be completely dlsced fire broken or grazed with perimeters
Fire A#eSISLaut Lamisca ling maintained. Please call for requirements for your particular parcel e..
Ctaar'
leaves, twigs and other
combustible debris off
roof.
Giear
combustible vegetation
and debris from beneath
decks.
Clear
house number, In an emergency,
the address should be easily seen
andreadebte from the street.
The.following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your
local nursery for selections appropriate to your area.
a Trees:
Shrubs: Escallonia Groundcover: Freeway Daisy
African Sumac 8earberry Hopseed Bush Aaron's Beard lee Plant
Braiilian Pepper
California Pepper
Carmel Creeper itallari Buckthorn Austraifan Daisy fvy
Carolina Cherry Lemotlade Berry Candyluft Morning Glory Bush
Catalina Cherry Texas Privet Capeweed Rock rose
Fire Safety
Through
Vegetation
Management
Santa Clara County
Agricultural Commissioner's Office
Weed Abatement Program
•
2007 Return Reply Form
IMPORTANT: Please complete this form and mail back to the Agricultural
Commissioner's Office no later than JANUARY 15, 2007. Thank you.
TRA:
Parcel Number Site Address
Please check the box that
applies for each parcel
(see explanations below):
A B C
A I am no longer the owner of this property, and the new owner information is listed below. Please retum Reply Form immediately.
B I intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from through the end of the fire season.
All parcels on the abatement list remain subject to inspection to ascertain compliance. Non-compliance will result in the abatement of
weeds by the County contractor and the resulting charges added to the property tax.
C I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to
my property tax bill. Work may commence on or about March 1st, 2007.
Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement. If
your property is fenced/locked, please provide instructions on how td enter the property. If you are no longer the owner of the
property identified by this mailing, please notify the County immediately. If you sell your property after December 1st ,2006, 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. Thank you.
Signature
Name (please print)
Date
)
Day time phone