The URL can be used to link to this page

07 Staff Report - Hazardous Vegetation AbatementDATE: COUNCIL AGENDA REPORT AP~19,2005 MEETING DATE:5/2/05 ITEM NO.7 TO: FROM: MAYORANDTOWNCOUNC~ DEBRA 1.FIGONE,TOWN MANAGER SUBJECT:HAZARDOUS VEGETATION ABATEMENT A.ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH)A PUBLIC ,NUISANCE AND PROVIDING FOR ABATEMENT B.SET JUNE 20,2005 AS A P1JBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL PROGRAM. RECOMMENDATION: 1.Adopt resolution declaring hazardous vegetation (brush)a public nuisance and providing for their abatement. 2.Set June 20,2005 as a public hearing to hear protests on this annual program. DISCUSSION: Hazardous vegetation (brush)pose a fire threat during the summer months and property owners should control them.To eliminate hazardous vegetatIon (brush),the Town historically has adopted a Hazardous Vegetation (Brush)Abatement Program.The time table listed below is in keeping with generally accepted procedures throughout Santa Clara County. Under the county program,property owners with hazardous vegetation (brush)problems are notified and given an opportunity to abate the hazardous vegetatio:q.(brush).If the problem is not addressed, the county contractor takes care of the hazardous vegetation (brush)and the cost is added to the owner's property tax bill. PREPARED BY:cJ!{~ J HN E.CURTIS irector of Parks and Public Works Reviewed by:NAssistant Town Manager ~Attomey __Clerk Administrator __Finance __Community Development Revised:4/19/05 12:01 pm Refonnatted:5/30/02 N:\B&E\COUNCIL REPORTS\BRUSH.505.wpd PAGE 2 MAYORANDTOWNCOUNC~ SUBJECT:RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH)A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AP~19,2005 DISCUSSION:-(Cont.) A complete schedule of the program is as follows: May 2,2005 Town Council passes resolution declaring hazardous vegetation (brush)a nuisance and sets a public hearing (June 20,2005). May 25, 2005 Clerk Administrator publishes notice of June 20,2005 Public Hearing for Town Council to hear protests to proposed charges.(publish twice and post in three places).(publish June 1,2005 and June 8,2005). June 20,2005 Public Hearing -Town Council hears protests and passes resolution allowing or overruling objections and ordering abatement as appropriate and specifying the method of abatement. June 21,2005 Properties which have not been cleared of hazardous vegetation (brush)are abated by a contractor for the County. July 22,2005 County returns account and assessment list of charges for work done by contractor. NOTE:Town staff have expressed concern to the County that the schedule has little tolerance for delays. August 1,2005 Town Council Public Hearing on any proposed hazardous vegetation (brush) abatement charges;Council resolution confirming or modifying assessments. August 2,2005 Town Council returns list of charges to the County for filing with the County Tax Collector as a special assessment. CONCLUSION: This is a standard procedure ofthe Town of Los Gatos.It has been enacted to reduce fIre danger. FISCAL IMPACT: None. ENVIRONMENTAL ASSESSMENTS: Not a project as defIned under CEQA and no further action is required. PAGE 3 MAYORANDTOWNCOUNC~ SUBJECT:RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH)A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AP~19,2005 Attachments: Resolution declaring hazardous vegetation (brush)a public nuisance Distribution: Dirk Mattern,Deputy Chief ofFire Prevention,Central Fire District,14700 Winchester Boulevard, Los Gatos,CA 95030 Greg Van Wassenhove,Director,County of Santa Clara,Department of Agriculture and Resource Management,1553 Berger Drive,Building #1,San Jose,CA 95112 Debbie Craver,Program Coordinator,County of Santa Clara,Department of Agriculture and Resource Management,1553 Berger Drive,Building #1,San Jose,CA 95112 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT WHEREAS,Sections 39560 and following ofthe Government Code ofthe State ofCalifornia authorize the Town of Los Gatos to 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 may be declared a public nuisance and to compel owners,lessees,or occupants ofbuildings,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,to 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 in the Hillside Areas identified and shown on the ."Hazardous Fire Area"map constitutes a public nuisance and should be abated immediately;and WHEREAS,the Fire Department has mailed notice to 943 property owners in the Hillside Hazardous Fire Area notifying them ofthe need to abate hazardous vegetation (brush)violations and explaining the steps necessary to correct such violations. RESOLVED,by the Town Council ofthe Town ofLos Gatos,and the Town Council hereby finds that 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 contention in their leaves and branches. Examples ofthis type ofplant material include California Sagebrush,Greaswood or Chamise,Scotch Broom and Toyon.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 to abated.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. FURTHERRESQLVED,the Clerk Administrator is directed to mail notice ofthis resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice ofthis resolution as provided in the Government Code. FURTHER RESOLVED,that unless the hazardous vegetation (brush)violations are corrected by June 21,2005,or 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. FURTHER RESOLVED,that on the 20th day of June,2005,at a meeting of the Town Council beginning at 7:00 P.M.in the Council Chambers ofthe Civic Center,110 E.Main Street, Los Gatos,CA,a public hearing will be held during which all property owners in Hillside Hazard Area 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 ofthe Town Council ofthe Town ofLos Gatos,California,held on the 2nd day of May,2005 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA