Staff Report.Weed Abatement
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/06/2022 ITEM NO: 5
DATE: November 14, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the
Town of Los Gatos to be a Public Nuisance, Describing Properties Where Such
Nuisance Exists, and Setting a Public Hearing Date of January 17, 2023 to
Consider Objections to the Proposed Abatement of Hazardous Vegetation for
Properties Listed on the 2023 Weed Abatement Program Commencement
Report and Order the Abatement
RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring certain hazardous vegetation growing in the Town
of Los Gatos to be a public nuisance, describing properties where such nuisance exists
(Attachment 2), and setting a public hearing date of January 17, 2023 to consider objections to
the proposed abatement of hazardous vegetation for properties listed on the 2023 Weed
Abatement Program Commencement Report (Attachment 2) and order the abatement.
BACKGROUND:
The Weed Abatement Program is a different, but complementary program to the Brush
Abatement Program, which works to protect the Town by preventing fire hazards created by
vegetative growth and the accumulation of combustible debris with the goal of voluntary
compliance.
The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to
prevent potential fire hazards to provide protection for the property and any nearby structures
by clearing hazards. Properties are inspected to confirm the property has been cleared of
PAGE 2 OF 4 SUBJECT: Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and Setting a Public Hearing Date of January 17, 2023 to Consider Objections to the Proposed Abatement of Hazardous Vegetation for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement DATE: November 14, 2022
BACKGROUND (continued):
hazards according to the clearance requirements as defined in the Santa Clara County Weed
Abatement program https://weedabatement.sccgov.org/sites/g/files/exjcpb431/files/Program-
Guidelines-Brochure.pdf.
The Town Code also authorizes the Town or the Town’s representative to remove the weeds if
the property owner fails to do so and to recover costs through an assessment of the property
tax bill for each parcel. The Town has contracted with the County for enforcement of the
Town’s weed abatement ordinance.
Typically, a property is placed in the program after a County Weed Abatement inspector
identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Parks
and Public Works, and other public agencies can also submit complaints to the County. Once a
parcel is placed in the program, it will remain until it displays compliance for three consecutive
years, at which point it will be removed.
The Program is administered by the County on behalf of the Town and is funded from fees
assessed on the properties included on the assessment list. Every year while in the program,
each of the property owners are charged an annual compliance inspection fee of $91 and some
incur costs for additional inspections, administrative, and abatement fees.
DISCUSSION:
The Weed Abatement program process consists of eight steps that begin in November and go
through August of the following year. Currently, the process is at Step 2 on the list as illustrated
below.
1. When properties are identified as having hazardous weeds, they are placed in the program,
monitored, and must be compliant for three consecutive years in order to be removed from
the program. The County prepares a report of all properties that have been identified and
provides a Commencement Report to the Town (Attachment 2) (November).
2. Town Council adopts a resolution declaring weeds on such properties a public nuisance and
sets a hearing date to consider objections to the proposed abatement (December).
3. The County sends notice to property owners on the report notifying them of the hearing
date, along with guidelines on the Weed Abatement Program explaining that they must
PAGE 3 OF 4 SUBJECT: Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and Setting a Public Hearing Date of January 17, 2023 to Consider Objections to the Proposed Abatement of Hazardous Vegetation for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement DATE: November 14, 2022
DISCUSSION (continued):
remove weeds by the abatement deadline, or it will be done for them, and the cost of the
abatement plus administrative costs will be assessed by the County Tax Collector against
the respective property (December).
4. Town Council holds a public hearing to consider objections to the proposed abatement and
adopts a resolution ordering abatement (January).
5. County sends a courtesy letter to property owners on the report notifying them again of the
abatement deadline (January).
6. After the deadline, the properties are inspected by the County Weed Abatement inspector
to verify that weeds were removed and proceeds with abatement if the inspection fails.
The County creates an assessment report of all costs associated with the abatement and
provides that report to the Town (June-July).
7. Town notifies the property owners on the assessment report notifying them of the August
public hearing date (July).
8. Town Council holds a hearing, considers objections, and adopts a resolution confirming the
assessment report, authorizing the collection of the assessment charges (August).
CONCLUSION:
Through this action, staff is asking Town Council to adopt the necessary resolution to declare
certain vegetation growing on identified properties in the Town of Los Gatos to be a public
nuisance. Adoption of the resolution will establish a public hearing date of January 17, 2023 to
consider objections to the proposed abatement.
COORDINATION:
This program has been coordinated with the Santa Clara County Department of Agriculture and
Environmental Management and the Town Attorney.
PAGE 4 OF 4 SUBJECT: Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and Setting a Public Hearing Date of January 17, 2023 to Consider Objections to the Proposed Abatement of Hazardous Vegetation for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement DATE: November 14, 2022
FISCAL IMPACT:
The County’s Weed Abatement Program administers services for 13 local agencies under a cost
recovery model, paid for by fees imposed on the parcel owners. The estimated program cost
related to each agency is based on the number of parcels per agency.
Should the funding associated with the assessments fall short of the total program cost, the
Town will be billed for a pro-rata share of the program such that the County achieves full cost
recovery. If the County needs to request additional funds, this would be absorbed in the PPW
Operating Budget. Funds are provided in the Fiscal Year (FY) 2022/23 Operating Budget to
cover the cost of publishing all required legal notices.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is
categorically exempt from CEQA as a minor alteration to land.
Attachments:
1. Resolution Declaring Properties as Having Potential Fire Hazards from Weeds or Other
Combustible Debris and Declare Weeds on Such Properties as a Public Nuisance and Set a
Hearing Date of January 17, 2023 to Consider Objections for Proposed Abatement
2. 2023 Weed Abatement Program Commencement Report