2004-062- Declaring Hazardous Vegetation (Brush) A Public Nuisance And Providing For AbatementRESOLUTION 2004-62
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 of the Government Code of the .State of
:California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing
to such size and such type and in ouch locations as to constitute a fire hazard to the community
maybe declared a public nuisance and to 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 o, to remove or abate such hazardous vegetation
(brush) at the owner's expense, making the cost of that abatement :alien 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 County of Santa Clara has mailed notice to 1,.191 property owners in the
Hillside Hazardous Fire Area notifying them of the .need to abate hazardous vegetation (brush)
violations and explaining the steps necessary to correct such violations.
RESOLVED, by the Town Council of the'Town of Los 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 of this type of plant material include California Sagebrush,
Greaswood or Chamise, Scotch Broomand 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.
FURTHER.RESOLVED, the Town Clerk is directed to mail notice of this resolution to
the persons designated by the Superintendent in conformance with the Government Code and
publish notice of this resolution as provided in the Government Code.
FURTHER RESOLVED, that unless the hazardous vegetation (brush) violations are
corrected by June 22, 2004, 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 .alien upon such lots or lands
until paid, and to be collected upon the next real property tax roll upon which .general municipal
waxes .are collected.
FURTHER RESOLVED, that on the 21st day of June, 2004, 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 beheld 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 of the Town Council of the Town of
Los Gatos, California, held on the 3rd day of May, 2004 by the following vote:
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT: None
~.
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF'THE TOWN OF LOS GATOS
LOS GATOSS, CALIFORNIA