2005-002 - Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Weeds) As A Public NuisanceRESOLUTION 2005 -002
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)
AS A PUBLIC NUISANCE
WHEREAS, on December 6, 2004, the Town Council of the Town of Los Gatos adopted
Resolution 2004 -146 entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION
(WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT," directing
the giving of notice that hazardous vegetation (weeds) will be abated by the Town and the cost
thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so, and establishing the January 3, 2005 meeting, as the time for a public
hearing by the Town Council, during which all property owners having any objections to the
proposed destruction or removal of such hazardous vegetation (weeds) might be heard and given
due consideration; and .
WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave
notice of the passage of said Resolution No. 2004 -146 by causing copies of the NOTICE TO
DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No. 2004 -146
to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in
the Town of Los Gatos on December 15, 2004 and December 22, 2004 respectively, and causing
said notice to be posted on December 8, 2004, in three (3) prominent places in the Town of Los
Gatos; and
WHEREAS, pursuant to said resolution and notice, the Town Council conducted a
public hearing this date with respect thereto, at which time all property owners having any
objections to the proposed destruction or removal of such hazardous vegetation (weeds) were
heard.
NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the
Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that all
objections, if any, to the proposed destruction or removal of such hazardous vegetation (weeds)
are hereby overruled, and the Director of Parks and Public Works, or his representative, is hereby
ordered to abate such nuisance, or cause the same to be abated, by having the hazardous
vegetation (weeds) referred to destroyed or removed by cutting, dicing, chemical spraying, or any
other method which may hereafter be determined by the Town Council.
FINALLY RESOLVED, that the Director of Parks and Public Works of the Town of
Los Gatos, or his authorized agent or representative, and the Clerk Administrator are directed to
proceed with the matters set forth in Section 11.20.010 through Section 11.20.045 of the Los
Gatos Town Code.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3'
day of January, 2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector
Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Z
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CL N IS .iRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
OFFICE OF THE CLERK ADMINISTRATOR
NOTICE OF PUBLIC HEARING
TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on December 6, 2004, pursuant to the
provisions of Section 11.20.020 of the Town Code of the Town of
Los Gatos, the Town Council of said Town adopted a Resolution
(2004 -146) declaring that all weeds growing upon any private
property or in any street, sidewalk or alley, as defined in Section
11 .20.010 ofvuch Code, constitute a public nuisance, which nuisance
must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall, within thirty
(30) days after the adoption of such resolution, or within the time
specified in a written agreement with the Director of Parks and Public
Works of the Town of Los Gatos, or the Director of Parks and Public
Works' representative, whichever time shall be later, remove all such
weeds from their property, the abutting sidewalks, and the abutting
half of the street in front, and alleys, if any, behind such property,
and between the lot lines thereof as extended, or such weeds will be
destroyed or removed and such nuisance abated by the Town of Los
Gatos, in which case the cost of such destruction -or removal will be
assessed upon the lots and lands from which, or from the front or rear
of which, such weeds shall have been destroyed or removed, and such
cost will constitute a lien upon such lots or lands until paid; and will
be collected upon the next tax roll upon which general municipal
taxes are collected. All property owners having any objections to the
proposed destruction or removal of such weeds are hereby notified to
attend a meeting of the Town Council of such Town to be held in the
Council Chambers of said Town, at 110 East Main Street, MONDAY,
JANUARY 3, 2005, AT 7:00 P.M. or as soon thereafter as the matter can
be heard, when and where their objections will be heard and given
due consideration.
A COMPLETE RECORD OF THE ABOVE IS ON FILE IN THE OFFICE
OF THE CLERK ADMINISTRATOR
/s/ Marlyn Rasmussen
CLERK ADMINISTRATOR. OF THE TOWN OF LOS GATOS
PUB: December 15, 2004 and December 22, 2004
Exhibit A