08 Staff Report - Abatement of Hazardous Vegetation (Weeds)MEETING DATE:8/1/05
ITEM NO.
COUNCIL AGENDA REPORT
DATE:WLY 18,2005
TO:
FROM:.
MAYOR AND TOWN COUNCIL
DEBRA J.FIGONE,TOWN MANAGER
SUBJECT:ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)
A.CONDUCT PUBLIC HEARING TO CONSIDER THE REPORT OF THE
COUNTY AGRICULTURAL COMMISSIONER'S OFFICE
(AVAILABLE IN THE CLERK.DEPARTMENT)ON THE
ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)FOR THE
2004-2005 SEASON.
B.ADOPT RESOLUTION APPROVING SAID REPORT (AVAILABLE
IN CLERK DEPARTMENT).
RECOMMENDATION:
1.Conduct public hearing to consider the report of the County Agricultural Commissioner's
.Office (available in the Clerk Department)on the abatement ofhazardous vegetation (weeds)
for the 2004-2005 season.
2.Adopt resolution approving said report (available in Clerk Department).
DISCUSSION:
Hazardous Vegetation (weeds)poses a serious fire danger during the summer months and should be
controlled by individual property owners.To ensure that hazardous vegetation (weeds)is eliminated,
the Town Council established a Hazardous Vegetation (Weed)Abatement Program in cooperation
with the Santa Clara County Agricultural Commissioner's Office.This program,which is similar
to those in neighboring jurisdictions,is modeled after the Town's nuisance abatement process.It
begins each year in late fall with the adoption ofa resolution declaring hazardous vegetation (weeds)
to be a public nuisance,and ends the ·following summer with a public hearing to confirm charges
against properties on which weeds were abated by the County's contractor.
PREPARED BY:~~~~
J E.CURTIS
irector of Parks and Public Works
..,
Reviewed by:~Assistant Town Manager ~Attomey __Clerk._---"Finance
__Community Development Revised:7/15/05 11:36 am
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Reformatted:5/30/02 N:\B&E\COUNCIL REPORTS\WEEDS8105.wpd
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MAYOR AND TOWN COUNCIL
SUBJECT:ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)
JULy 18,2005
Earlier this year,the County Agricultural Commissioner's Office inspected properties in the Town
and notified the owners ofthose on which hazardous vegetation (weeds)was observed to remove
the weeds in accordance with fire safety standards.Properties not cleared by the owners before a
specified date were subsequently cleared by a contractor hired by the County Agricultural
Commissioner's Office.Questions related to the work performed and the cost of said work should
be directed to:
Debbie Craver,Program Coordinator
Hazardous Vegetation Management
County of Santa Clara County
Department of Agriculture and Resource Management
1553 Berger Drive -Building #1
San Jose,CA 95112
(408)282-3123
Upon completion ofthe work,the office ofthe County Agricultural Commissionyr prepares a report
documenting the properties that were cleared and the costs for administering and performing the
work.The report is then filed with the Town for review and approval at a public hearing.Once
approved,the report is filed with the County Tax Collector for placement of the charges on the
ensuing property tax roll.
CONCLUSION:
The properties identified in the 2004-2005 report (available in the Clerk Department)have benefitted
from the Hazardous Vegetation (Weed)Abatement Program by virtue of the County Agricultural
Commissioner's Office removing the hazardous vegetation (weeds)on these properties.The property
owners should,therefore,be charged for the cost of removing hazardous vegetation (weeds)under
the program.
FISCAL IMPACT:
None for the Town.The County's costs to administer and carry out the program are recovered via
the charges levied against the properties served by the program.
Attachments:
Resolution adopting report (available in Clerk Department).
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MAYORANDTOWNCOUNC~
SUBJECT:ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)
JULy 18,2005 r
Distribution:
Greg Van Wassenhove,Agricultural Commissioner,County of Santa Clara Department of
Agriculture and Resource Management,Division of Hazardous Vegetation,1553 Berger Drive,
Building #1,San Jose,CA 95112
Debbie Craver,Program Coordinator,County of Santa Clara Department of Agriculture and
Resource Management,Division of Hazardous Vegetation,1553 Berger Drive,Building #1,San
Jose,CA 95112
Special Distribution (list of assessed property owners)
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RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY,
AND SHOWING AMOUNT OF HAZARDOUS VEGETATION (WEEDS)
ABATEMENT ASSESSMENTS TO BE COLLECTED ON
THE SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS
IN THE COUNTY OF SANTA CLARA,
FOR THE FISCAL YEAR 2004-05
WHEREAS,the Town Council of the Town of Los Gatos,pursuant to Sections 39501 and
39502 ofthe Government Code ofthe State of Califomi a,has adopted by ordinance a procedure for
the abatement ofhazardous vegetation (weeds)and the collection ofthe charges therefore on thetax
roll,as contained in Chapter 11,Article II,Sections 11.20.010.through 11.20.045.ofthe Los Gatos
Town Code;and
WHEREAS,pursuant thereto,Resolution No.2004 -146,declaring weeds a public nuisance
and providing for their abatement,was adopted by the Town Council on December 6,2004;and
WHEREAS,pursuant to notice duly and regularly given,the public hearing was held with
respect thereto on January 3,2005,at which time Resolution No.2005-002,overruling objections
and ordering abatement of weeds as a public nuisance,was adopted by the Town Council;and
WHEREAS,a written report has been filed with the Clerk Administrator ofthe Town ofLos
Gatos,containing a description ofeach parcel ofreal property,and showing the amount ofthe charge
to be collected on the secured property tax roll with respect thereto,computed in conformity with
the charges prescribed by said ordinance;and
WHEREAS,the Clerk Administrator has set the 1st day ofAugust,2005,in the Town Council
Chambers,Town Hall,110 East Main Street,Los Gatos,California,as the time and place when and
where said Town Council would hear and consider all objections or protest,if any,to said report.
RESOLVED,by the Town Council of the Town of Los Gatos,County of Santa Clara,State
of California,that the Town Council does hereby find and declare:
1.That notice of said public hearing was duly and regularly published and given as required
by Section 11.20.035 of the Los Gatos Town Code and as otherwise required by law;and
2.All persons desiring to be heard during said hearing were given an opportunity to do so,
all matters and things pertaining to said report were fully heard and considered by the
Town Council,and all protests and objections,if any,are hereby overruled.
FURTHERRESOLVED,that said report,and each charge thereon,with any charges that may
be noted on the face of said report pursuant to action taken by this Town Council,is hereby
confirmed and approved.
FURTHER RESOLVED,that the charges are affirmed and shall be assessed against the real
properties listed on the property tax bill if not sooner paid.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos,California,held on the day of ,2005,by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALlFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALlFORNIA