2026-022 - DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 16, 2026 AS A PUBLIC HEARING TO CONSIDER OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH RESOLUTION 2026-022
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (BRUSH)A PUBLIC NUISANCE,ORDERING
ABATEMENT,AND SETTING JUNE 16,2026 AS A PUBLIC HEARING TO CONSIDER
OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS,Town Code Section 11.20.010 authorizes the Town to abate hazardous
brush;
WHEREAS,the Santa Clara County Fire Department administers the Town's brush
abatement program;
WHEREAS,the County uses the brush abatement procedures set forth in Sections
39560 and following of the Government Code of the State of California;
WHEREAS,the Town of Los Gatos may declare that hazardous vegetation (brush)
growing to such size and such type and in such locations as to constitute a fire hazard to
the community is a public nuisance and compel owners, lessees, or occupants of
buildings, grounds, or lots to remove or abate the hazardous vegetation (brush)to mitigate
the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous
vegetation (brush)to mitigate the fire hazard from such buildings, grounds, property, and
adjacent sidewalks and parkways, and upon the person's failure to do so, remove or abate
such hazardous vegetation (brush)at the owner's expense, making the cost of that
abatement a lien upon the property; and
WHEREAS, the Town of Los Gatos has entered into an agreement with the County
of Santa Clara to provide hazardous vegetation (brush)abatement services; and
WHEREAS,the maintenance of hazardous vegetation (brush) in violation of the
Uniform Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface
Fire areas identified and shown on the map (Exhibit A)constitutes a public nuisance and
should be abated immediately; and
WHEREAS,the Santa Clara County Fire Department has mailed notices to property
owners within the Wildland Urban Interface areas notifying them of the need to abate
1 of 3
Resolution 2026-022 May 5,2026
hazardous vegetation (brush)violations and explaining the steps necessary to correct such
violations.
NOW,THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, and the Town Council hereby finds that:
1. Hazardous vegetation (brush) is a wood, perennial plant usually with multiple
stems and trunks under ten feet in height, and is indigenous to the hillside area.
Hazardous vegetation (brush) is also known to have a high oil, high resin, or low
moisture content in its leaves and branches. Examples of this type of plant material
include California Sagebrush, Greasewood or Chamise, Scotch Broom, and Toyon.
2. Unabated growth of hazardous vegetation (brush) upon and adjacent to private
property within the hillside hazardous fire area and adjacent parkways and
sidewalks is a public nuisance and should be abated.
3. The Director of Parks and Public Works shall act as the Superintendent for purposes
of giving notice, supervising performance of the agreement with the County of Santa
Clara, and evaluating the costs of abatement.
4. A public hearing is scheduled for 7:00 p.m. on June 16, 2026, at which time anyone
objecting to abatement of the public nuisance may appear.
5. The Santa Clara County Fire Department shall mail notice of the public hearing in
accordance with Government Code Section 39566.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush)violations
are corrected within the time specified in a written agreement with the Superintendent or
the Superintendent's representative,the Town of Los Gatos shall cause such nuisance to
be abated, and the expense thereof assessed upon the lots or lands from which or on
which the abatement actions occur, such expense to constitute a lien upon such lots or
lands until paid, and to be collected upon the next real property tax roll upon which general
municipal taxes are collected.
BE IT FURTHER RESOLVED that on the 16th day of June 2026, at a meeting of the
Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E.
Main Street, Los Gatos, CA, a public hearing will be held during which all property owners
within the Wildland Urban Interface areas in the Town of Los Gatos having any objections
to the proposed abatement of hazardous vegetation (brush)will be heard and given due
consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 5th day of May 2026 by the following vote:
COUNCIL MEMBERS:
AYES: Rob Rennie, Maria Ristow, Mary Badame, Matthew Hudes, Mayor Rob Moore
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CL K OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA