03 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: 12/05/2023 ITEM NO: 3
DATE: November 20, 2023
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 16, 2024 to
Consider Objections to the Proposed Abatement of Hazardous Vegetation for
Properties Listed on the 2024 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 16, 2024 to consider objections to
the proposed abatement of hazardous vegetation for properties listed on the 2024 Weed
Abatement Program Commencement Report (Attachment 2) and order the abatement.
BACKGROUND:
The Weed Abatement Program (the Program) is a different, but 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, requires
property owners to prevent potential fire hazards to provide protection for the property and
any nearby structures by clearing hazards. 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.
PAGE 2 OF 4 SUBJECT: Actions Related to the 2024 Weed Abatement Program, Including Scheduling a Hearing for January 16, 2024 DATE: November 20, 2023
BACKGROUND (continued):
Typically, a property is placed in the Program after a County inspector identifies a potential fire
hazard on the premises. 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 until it displays compliance for three consecutive years, at which point it will be
removed.
Property owners in the Program are given the opportunity to abate their weeds prior to
receiving an annual compliance inspection by County staff to confirm if the property has been
cleared of hazards according to the requirements defined in the Santa Clara County Weed
Abatement Program https://weedabatement.santaclaracounty.gov/home. If the property
owner has not complied with the requirements of the Program by the time of the County
inspection, then the Town authorizes the County to remove the weeds. The County recovers its
costs through a special assessment on each parcel’s property tax bill.
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 is charged an annual compliance inspection fee and some incur
costs for additional inspections, administrative, and abatement fees. The annual compliance
inspection fee is currently $92.
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: Actions Related to the 2024 Weed Abatement Program, Including Scheduling a Hearing for January 16, 2024 DATE: November 20, 2023
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 (Attachment
1) 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 16,
2024 to consider objections to the proposed abatement.
COORDINATION:
This program has been coordinated with the Santa Clara County Consumer and Environmental
Protection Agency (CEPA) - Weed Abatement Program and the Town Attorney.
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.
PAGE 4 OF 4 SUBJECT: Actions Related to the 2024 Weed Abatement Program, Including Scheduling a Hearing for January 16, 2024 DATE: November 20, 2023
FISCAL IMPACT (continued):
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 Parks
and Public Works Operating Budget. Funds are provided in the Fiscal Year (FY) 2023/24
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 16, 2024 to Consider Objections for Proposed Abatement
2. 2024 Weed Abatement Program Commencement Report