Staff Report.Adopt Resolution Declaring Brush a Public Nuisance
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: 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: 05/02/2023 ITEM NO: 4
DATE: April 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public
Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing
to Consider Objections to the Proposed Removal of Brush
RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance,
ordering abatement, and setting June 20, 2023 as a public hearing to consider objections to the
proposed removal of the brush.
BACKGROUND:
The Santa Clara County Fire Department implements and manages a hazardous brush
abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its
jurisdictional boundaries, which includes the incorporated areas of Los Gatos, to ensure
appropriate defensible space for structures.
The Town annually adopts the Hazardous Vegetation (Brush) Abatement Program and works
with the County, which serves as the enforcement agent and conducts their own inspections.
In January of each year, homeowners are reminded that they must remove native brush and
vegetation from around their home to create defensible space. The brush abatement program
entails inspections of hillside properties by fire crews beginning in early April each year. If
properties are found to be out of compliance with the regulations found in the California Fire
Code relative to vegetation clearance, they are given notice of the violation. A contractor is
authorized by the County to perform the necessary work if compliance is still not achieved by
approximately the end of June each year.
PAGE 2 OF 4 SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush DATE: April 14, 2023
BACKGROUND (continued):
The costs associated with the abatement work are then assessed on the property owner’s tax
bill for that parcel.
DISCUSSION:
In February of 2023, the Santa Clara County Fire Prevention Division notified property owners
located within the designated Wildland Urban Interface (WUI) area of the requirement to
comply with the safety regulations related to flammable vegetation abatement (Attachment 2).
At the time of the notice, property owners were given the option to complete the required
work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’
authorized contractor (Santa Clara County) to perform the work.
Below is the scheduled outline for the 2023 hazardous brush abatement program:
February 2023 The 2023 Brush Abatement Program letters were mailed to property
owners.
April 1, 2023 Santa Clara County Fire Department (SCCFD) began conducting the first
property inspections. A door hanger describing the safety regulations is
placed at the property and a copy is mailed to the property owner’s
mailing address.
May 2, 2023 Town Council adopts a Resolution declaring hazardous vegetation (brush)
a public nuisance and sets June 20, 2023 as a public hearing to consider
objections to the proposed removal of brush.
May/June 2023 SCCFD begins re-inspecting the properties that were out of compliance at
the time of the first inspection. Property owners who are not in
compliance at the time of re-inspection will be identified and notice will
be sent to the property owners providing information about the June 20th
public hearing. The Town publishes notices of the public hearing at least
10 days prior to the hearing.
June 20, 2023 Town Council conducts a public hearing to consider objections to the
proposed removal of hazardous vegetation (brush) of parcels declared
non-compliant and orders the abatement of the nuisance by the Town’s
authorized contractor (Santa Clara County).
PAGE 3 OF 4 SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush DATE: April 14, 2023
DISCUSSION (continued):
June 2023 After the June 20th public hearing, an additional inspection of all
identified properties listed on the report will be conducted before the
Town’s authorized contractor performs any abatement work. If the
property is found to be in compliance at the time of the re-inspection or
upon the arrival of the abatement contractor, no work will be performed,
and no charges will be imposed.
July 2023 The County provides the Town with an assessment list of charges for
work that ultimately was performed by the contractor. If there are no
proposed charges, no additional public hearing is required.
August 1, 2023 In the event a list of assessed charges is provided to the Town in July, the
Town Council will conduct a public hearing on the hazardous vegetation
(brush) abatement charges and adopt a resolution confirming or
modifying assessments.
August 2, 2023 The Town submits a list of charges as a special assessment to the County
Tax Collector.
CONCLUSION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance,
ordering abatement, and setting June 20, 2023 as a public hearing to consider objections to the
proposed removal of the brush.
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department.
FISCAL IMPACT:
The costs associated with abatement work are placed on the property tax bill for that parcel.
Funds are provided in the FY 2023/24 Budget (Program 5101) to cover the cost of publishing
the legal notice for the June public hearing.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 4 OF 4 SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush DATE: April 14, 2023
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement,
and setting June 20, 2023 as a public hearing to consider objections to the proposed
removal of brush (includes Exhibit A).
2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.