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Staff Report with attachments PREPARED BY: Meredith Johnston Administrative Technician Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/17/2023 ITEM NO: 11 DATE: January 3, 2023 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement RECOMMENDATION: Consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2023 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. BACKGROUND: The Weed Abatement Program is a different, and complementary program to the Brush Abatement Program. Both programs work 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 (also called the Weed Abatement Ordinance) requires property owners to prevent potential fire hazards and provide protection for their property and any nearby structures by clearing hazards. Properties are inspected by the County to confirm the property has been cleared of 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. PAGE 2 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 3, 2023 BACKGROUND (continued): 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 those 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 inspector identifies a potential fire hazard on the premises. Individuals, Fire Departments, Code Enforcement, Public Works, and other public agencies can also submit complaints to the County. Once a parcel is placed in the program, it will remain in the program 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 and some incur costs for additional inspections, administrative, and abatement fees. DISCUSSION: On December 6, 2022, the Town Council passed Resolution 2022-74 (Attachment 2) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 17, 2023 as a public hearing for the annual program to consider objections for proposed removal and to order the abatement. On December 13, 2022, the County mailed informational weed abatement program packets to all property owners, including the schedule and price list (Attachment 3). The weed abatement process consists of eight steps that begin in November and go through August of each year. Currently, the process is at Step 4 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. County prepares a report of all properties that have been identified and provides the report to the Town (Attachment 1) (November). 2. Town Council adopts resolution declaring weeds a nuisance and sets a hearing date to hear objections by property owners to having their property listed on the report (Attachment 2) (December). PAGE 3 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 3, 2023 DISCUSSION (continued): 3. 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 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 (Attachment 3) (December). 4. Town Council holds a public hearing to consider objections by property owners and orders 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 April parcel abatement deadline, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails. 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 hearing date (July). 8. Town Council holds a public hearing, notes any disputes, and adopts a resolution confirming the assessment report, authorizing collection of the assessment charges (August). CONCLUSION: Staff recommends that the Council conduct a public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2023 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. At the time of this report’s preparation, staff had not been contacted regarding potential objections. COORDINATION: This program has been coordinated with the Santa Clara County Department of Agriculture and Environmental Management. PAGE 4 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 3, 2023 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. 2023 Weed Abatement Program Commencement Report 2. Resolution 2022-74 3. Abatement Program Packet Mailed to Parcel Owners Situs APN CITY/STATE 2023 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT TOWN OF LOS GATOS TRA Exhibit A LAM, MITCHELL 831 POLLARD RD LOS GATOS CA 95032-0000 03-003831POLLARDRD406-26-0111 GUPTA, MOHIT AND APAN, PARUL 4708 GRIMSBY DR SAN JOSE CA 95130-2037 03-0030CALLE409-04-0492 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 03-0030409-04-0523 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 03-0030409-08-0014 KIM, YOUNG CHANG AND TAI HYUN 17291 WEDGEWOOD AV LOS GATOS CA 95032-1217 03-00317291WEDGEWOODAV409-14-0135 GERA, NICHOLAS TRUSTEE & ET AL 19341 MONTE VISTA DR SARATOGA CA 95070-6219 03-00314330LADR409-14-0206 OKAGAKI, JONATHAN T ET AL 14341 BROWNS LN LOS GATOS CA 95032-1214 03-00314341BROWNSLN409-14-0357 SAWHNEY, CHANDANDEEP AND 14316 MULBERRY DR LOS GATOS CA 95032-0000 03-00314316MULBERRYDR409-15-0058 BELCHER, PHYLLIS TRUSTEE 17631 WEDGEWOOD AV LOS GATOS CA 95032-1220 03-00317631WEDGEWOODAV409-17-0109 NEAL WALTER E JR TRUSTEE 770 CHESTNUT ST SAN JOSE CA 95110-1805 300614821GOLF LINKS DR 409-27-00510 DELLA MAGGIORE, EUGENE D AND 'P O BOX 5068 SAN JOSE CA 95150 03-00027MONTGOMERYST410-17-00811 MILLEN, MARK P 25 MONTGOMERY ST LOS GATOS CA 95030-5314 03-00025MONTGOMERYST410-17-00912 SWENSON, C B TRUSTEE 777 1ST ST N FL 5 SAN JOSE CA 95112 03-06416245BURTONNRD424-06-11513 SWENSON, C B TRUSTEE 777 1ST ST N FL 5 SAN JOSE CA 95112 03-0640BURTONNRD424-06-11614 14823 LGB LLC 2600 EL CAMINO REAL STE PALO ALTO CA 94306-1719 03-06414823LOS GATOS BL 424-07-06515 TSAI, UNDINE Y TRUSTEE 276 LAS MIRADAS DR LOS GATOS CA 95032-7687 03-00714926LOS GATOS BL 424-10-00916 NELSON, VICTORIA S 1480 MORAGA RD C MORAGA CA 94556-2005 03-00015545BENEDICTLN424-20-00817 DONNELLY, TESSA I ET AL 15710 WINCHESTER BL LOS GATOS CA 95030-3305 03-00015710WINCHESTERBL424-27-01318 GERTRIDGE, JOHN H ET AL 1080 COLLEGE AV MENLO PARK CA 94025 03-1930LAURELAV510-41-06819 MURPHY, ROBERT J 72 FAIRVIEW PLAZA LOS GATOS CA 95030-5818 03-19172FAIRVIEW510-43-01020 COVIA COMMUNITIES 2185 CALIFORNIA BL N STE WALNUT CREEK CA 94596-3508 03-000110WOODNRD510-47-03821 FRENKEL, LILY M AND DRAA, JUSTIN 138 WOOD RD LOS GATOS CA 95030-6740 03-000138WOODRD510-47-04422 LI, LINYING AND SUN, SHENGXUAN 779 BLOSSOM HILL RD LOS GATOS CA 95032-3502 03-000779BLOSSOM HILL RD 523-04-03723 TERRY, NAKA K 15931 BLOSSOM HILL RD LOS GATOS CA 95032-4808 03-00015931BLOSSOM HILL RD 523-25-02824 Page 1Santa Clara County Weed Abatement Program24 records of 66 Attachment 1 Situs APN CITY/STATE 2023 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT TOWN OF LOS GATOS TRA Exhibit A GORMAN, ROBERT L AND THERESA A 263 PINEHURST AV LOS GATOS CA 95032-3917 03-007263PINEHURSTAV523-43-01925 KHOSRAVI, ARVIN AND MOZAFAR, 15941 QUAIL HILL RD LOS GATOS CA 95032-4819 03-00015941QUAIL HILL RD 527-02-00626 DIEP, JOHN AND ALLISON 5950 COUNTRY CRUZ PY SAN JOSE CA 95138 03-00072DRYSDALEDR527-02-00727 TAI, CHAIN CHANG AND HOH, BAO 2941 BANNISTER AV GILROY CA 95020-0000 03-00015790BLOSSOM HILL RD 527-07-00628 LUU, RICHARD T 952 5TH ST N SAN JOSE CA 95112-4411 03-00716084GREENRIDGENTR527-15-00229 GUEVARA MARIA E TRUSTEE & ET AL14975 LARGA VISTA DR LOS GATOS CA 95032-4917 3007LARGA VISTA DR 527-16-01330 PROUTY, PAUL ROBERT AND 14960 LARGA VISTA DR LOS GATOS CA 95032-4918 03-00714960LARGA VISTA DR 527-16-01631 O'DEEGAN, STEPHEN J TRUSTEE 14850 BLOSSOM HILL RD LOS GATOS CA 95032-4901 03-00714850BLOSSOM HILL RD 527-18-01432 BATE, ROSEMARY S 110 BELVALE DR LOS GATOS CA 95032 03-007401SURMONTDR527-20-00233 HOUGH, JUSTIN TRUSTEE 175 BELWOOD GATEWAY LOS GATOS CA 95032-5139 03-007175BELWOOD527-30-03234 VERSGROVE, JOHN 310 SANTA ROSA DR LOS GATOS CA 95032-5721 03-056310SANTA ROSA DR 527-55-03635 OHM, VICTOR J AND VANNA J 3802 AINSLEY CT CAMPBELL CA 95008 03-0560ALTA TIERRA CT 527-55-04236 SIU, MARIAN Y TRUSTEE 118 HARWOOD CT LOS GATOS CA 95032-0000 03-056118HARWOODCT527-56-02037 CHANG, WEICHAU AND YISHAN Y 112 HARWOOD CT LOS GATOS CA 95032-5151 03-056112HARWOODCT527-57-00838 DUNN PROPERTIES LP ETAL 301 ALTA LOMA LN SANTA CRUZ CA 95062 3000615BLOSSOM HILL RD 529-16-02639 HOANG, HENRY TRUSTEE 215 VISTA DE SIERRA LOS GATOS CA 95030-0000 03-00017045PINEAV529-20-01140 MASTERSON, ANTHONY D AND KU- 385 BELLA VISTA AV LOS GATOS CA 95032-5416 03-0000BELLA VISTA AV 529-21-01041 PETERS JAKE C AND KATHERINE H 'P O BOX 3486 KETCHUM ID 83340 3191BELLA VISTA AV 529-23-01542 ROSS DANIEL LEE TRUSTEE 188 VILLA AVE LOS GATOS CA 95030 3191BELLA VISTA AV 529-23-01643 LP ACQUISITIONS LLC 535 MIDDLEFIELD RD STE MENLO PARK CA 94025 03-000401ALBERTOWY529-23-01844 HARLAN, MARILYN S TRUSTEE 4168 RIVA RIDGE FAIR OAKS CA 95628-6429 03-1910BELLA VISTA AV 529-23-01945 SHANKER, BENJAMIN J AND SHARI 350 BELLA VISTA AV LOS GATOS CA 95032-5400 03-1910BELLA VISTA AV 529-23-02046 DOUGLAS-KIDDER, VASILIKI 10 RESERVOIR RD LOS GATOS CA 95030-0000 03-000NO SITUS 529-29-06547 DOUGLAS-KIDDER, VASILIKI 10 RESERVOIR RD LOS GATOS CA 95030-0000 03-0000RESERVOIRRD529-29-06648 Page 2Santa Clara County Weed Abatement Program48 records of 66 Situs APN CITY/STATE 2023 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT TOWN OF LOS GATOS TRA Exhibit A MULLANEY, STEPHEN P TRUSTEE & 140 FOSTER RD LOS GATOS CA 95030-0000 03-000140FOSTERRD529-37-01549 GLEMBOCKI, JAROSLAW TRUSTEE 471 SANTA ROSA DR LOS GATOS CA 95032 3000(VACANT)NU 529-39-04750 COULSON, ALLAN A AND ADRIANA C 16336 SHADY VIEW LN LOS GATOS CA 95032-4723 03-00016336SHADY VIEW LN 532-03-03451 PINKSTON, DEBORAH J TRUSTEE 16666 TOPPING WY LOS GATOS CA 95032-5648 03-00016666TOPPINGWY532-09-01852 SURREY FARMS GROUP LLC 401 CARMELINA AV N LOS ANGELES CA 90049 03-0000TWIN OAKSN DR 532-16-00653 TSAO, WILLIAM AND PENG, ANGELA 16510 KENNEDY RD LOS GATOS CA 95032-6431 03-00016510KENNEDYRD532-17-02554 WALL, RYAN COMFORT TRUSTEE & 15650 LINDA AV LOS GATOS CA 95032-3714 03-00016461KENNEDYRD532-17-02755 HAKHU, JAI K AND NALINI 7 SHORE PINE DR NEWPORT COAST CA 92657 03-00016481KENNEDYRD532-17-02856 UPLIFT FAMILY SERVICES 251 LLEWWLLYN AV CAMPBELL CA 95008 03-05017511PHILLIPSAV532-39-00957 SCHWEKUTSCH, MICHAEL AND 17435 PHILLIPS AV LOS GATOS CA 95030-7562 03-05017435PHILLIPSAV532-39-01358 IYAR, SUBRAH S TRUSTEE 15292 KENNEDY RD LOS GATOS CA 95032-0000 03-07115220KENNEDYRD537-15-00459 LEIRER, VON OTTO AND PERZOW, 14050 SHANNON RD LOS GATOS CA 95032-0000 03-07214050SHANNONRD537-17-02760 PSF REO LLC 2121 PARK PL STE 230 EL SEGUNDO CA 91302 03-050233FORRESTERRD537-21-01061 SATIA, JAGAT B AND INDIRA 229 FORRESTER RD LOS GATOS CA 95032-6508 03-050229FORRESTERRD537-22-01162 CUNNINGHAM, JAMES F TRUSTEE 210 WOODED VIEW DR LOS GATOS CA 95032-5738 03-050210WOODED VIEW DR 537-23-04663 REDDY, SHIVPAL G TRUSTEE & ET AL 15876 SHANNON RD LOS GATOS CA 95032 03-00015876SHANNONRD537-26-00964 KELLERMANN, MARC AND GUPTA, 15760 SHANNON RD LOS GATOS CA 95032-5759 03-05015760SHANNONRD537-26-01865 BREZOCZKY, BLASIUS TRUSTEE & 16060 CERRO VISTA DR LOS GATOS CA 95032-0000 03-00016060CERRO VISTA DR 537-30-00466 Page 3Santa Clara County Weed Abatement Program66 records of 66 This Page Intentionally Left Blank Attachment 2 Attachment 3 (over) TRA 03 Notice to Destroy Weeds NOTICE IS HEREBY GIVEN that on December 6, 2022, 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 17, 2023 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 and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE January 17, 2023 Public hearing to consider objections to Abatement List. April 15, 2023 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July-August, 2023 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk) 2023 COUNTY WEED ABATEMENT FEES Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $92.00 per parcel. Please be advised that the property owner of any parcel found to be non-compliant on or after the March 1st deadline will be charged a processing fee of $519.00 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. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $891.00 per parcel. 2023 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST A) Disc Work** PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs 0-12,500 sq.ft. $412.39 $165.79 $578.18 12,501sq.ft.- 43,560sq.ft. $412.39 $165.79 $578.18 Larger than 1 Acre $299.56 $146.30 $445.86 (PER ACRE) ** 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 $5.57 PER 100 Square Feet (SF) C) FLAIL 6 Foot Mower $7.11 PER 1,000 SF MOWING 12 Foot Mower $7.11 PER 1,000 SF D) LOADER WORK $170.40 PER HOUR E) DUMP TRUCK $157.29 PER HOUR F) BRUSH WORK $5.32 PER 100 SF G) DEBRIS REMOVAL $58.52 PER HOUR H) 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. Sam p l e MINIMUM FIRE SAFETY STANDARDS (MFSS) Fire Safety Through Vegetation Management Fire Resistant Landscaping Santa Clara County Consumer and Environmental Protection Agency Weed Abatement Program 1553 Berger Drive #1  San Jose, Ca 95112  Phone (408) 282-3145  Fax: (408) 286-2460  SCC.WeedAbatement@cep.sccgov.org 1. Vegetation must not exceed 6 inches in height any time after the compliance deadline. 2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation. 3. Clear flammable vegetation a minimum of 30 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 one acre or less shall be completely abated. Parcels over one acre up 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 fuel 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 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance. 9. Clear leaves, pine needles and debris from roof and gutters. 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. All grasses, including those purportedly fire resistant, must be maintained below 6” in height. Trees: African Sumac California Pepper Shrubs: Bearberry Carmel Creeper Carolina Cherry Catalina Cherry Escallonia Hopseed Bush Lemonade Berry Groundcover: Aaron’s Beard Australian Daisy Candytuft Sterile Capeweed Freeway Daisy Rock Rose (except Gum Variety) The Santa Clara County Weed Abatement Program The Santa Clara County Consumer and Environmental Protection Agency 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. Fees will be assessed for any property in the program. This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee. 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 a failed 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 the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill. Our Goal Is Voluntary Compliance Property Owner’s Responsiblilities • 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 compliance inspection will be charged a failed 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 releasing the work order. • The County contractor uses several methods of abatement including discing 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 Weed Abatement Program 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 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 property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program. Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year. Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program? A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height. 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. 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. More FAQ: Q. How long will I 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 an annual fee to cover the cost of the compliance inspection. 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 additional fees. 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. Any 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 minimizes the volume of combustible material before the hazards increase and dries out completely 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 line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information. Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required.