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2007-088 - Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public NuisanceRESOLUTION 2007 -088 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE WHEREAS, on May 7, 2007, the Town Council of the Town of Los Gatos adopted Resolution 2007 -051, entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT ", directing the giving of notice that hazardous vegetation (brush) 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 June 18, 2007 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 (brush) 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. 2007 -051, by causing copies of the NOTICE OF PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as annexed to said Resolution No. 2007 -051 to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos on May 30, 2007, and June 6, 2007, respectively, and causing said notice (referred to as Exhibit A) to be posted on May 25, 2007 in two (2) prominent places in the Town of Los Gatos; and WHEREAS, the Town has given Notice to all property owners found in non- compliance; 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 attest: 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 (brush) 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 (brush) destroyed or removed by cutting, dicing, chemical spraying, or any other method which may hereafter be determined by the Town Council. FURTHER 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 of the Town of Los Gatos held on the 18 day of June, 2007, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski NAYS: None ABSENT: :� SIGNED: �)AYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: J C OF THE TOWN OF LOS GATOS L GATOS, CALIFORNIA TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Council of the Town of Los Gatos has set Monday, June 18, 2007 at 7:00 P.M. in the Council Chambers, 110 East Main Street, Los Gatos, California, as the time and place for a Public hearing to consider declaring that hazardous conditions exist on the properties listed and authorize the County contractor to perform the brush abatement work necessary to comply with the standards. INTERESTED PERSONS may appear and be heard at this hearing. Please be advised that if you challenge the nature of any of the above in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the Clerk Department prior to the hearing. /s/ Jackie Rose Cleric Administrator PUB: LG5 /30/07 & 6/6/07. EXHIBIT A c �'I �'. �E DEPARTMENT � °. , FIRE �`4 SANTA. CLARA COUNTY 14700 Winchester Blvd. Los Gatos 181.8 CA 95032 - 8y8 rr nrnailr°� Y« �� (408) 378 -4010 • (408) 378 -9342 (fax) • www.sccfd.org ir,ernatronaeyAccreaitea -- Agency Dear prope rty owner, Your property located in the hillside'area was recently inspected by Santa Clara County Fire Department personnel and found to not be in satisfactory compliance with the Hazardous Fire Area safety regulations. Enclosed is a copy of a. notice that was left at the residence and indicates the corrections that are necessary. Please note that a public hearing will be held during the Town of Los Gatos council meeting on June 18, 2007 at 7:00 PM. At that time, all properties identified by the Fire Department as being non - compliant with Hazardous Fire Area safety regulations will be declared to have hazardous conditions requiring abatement. An' additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work. If your property is found to be in compliance at the time of the re- inspection or upon the arrival of the abatement contractor, no work will be done and no charges will be imposed. If the compliance work identified for your property involves brush or weed removal, you may request, the services of the approved County of Santa Clara abatement contractor. If you are interested in this service, please call the Hazardous Vegetation Department of Santa Clara County (408) 282 -3145 to request more information and or to schedule an inspection appointment for a cost estimate. For your convenience, a price list indicating the rates for the County approved contractor is included with this notice. If you should have any questions about the information on this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at (408) 378 -4010. Organized as t he S anta Clara County C entral Fire Protecti Distric Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills. Los Gatos. Monte Sereno. Morgan Hill, and Saratoga ATTACHMENT 2 -y -d a� Q aii j F4unoo ejeja eques d6T :-bo LO Lo unr 2006 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST Prices INCLUDE a 150% County Administrative Fee A.) Disc Work" PARCEL SIZE: 0- 12,500 sq.ft. 125501sq.ft.- 43,560sq.ft. .Larger than 1 Acre ACRE) . V Disc . + 2 °a Disc 750.00 $ 75.00 750.00 100.00 500.00 $100.00 = Total Discs $ 825.00 875.00 600.00 PER ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $106.25 PER PERSON, PER HOUR C) FLAIL 6 Foot Mower $180.00 PER HOUR MOWING 12 Foot Mower $360.00 PER HOUR D) LOADER WORK $312.50 PER HOUR E) DUMP TRUCK $312.50 PER HOUR F) BRUSH WORK $106.25 PER HOUR G) BOOM MOWING $412.50 PER (HOUR G) DUMP FEE 100 Added to orders with debris removal at 100 % of the dumpsite charge. 9'd zbE68L680i? a aili R4unuo ejei0 E,.ues d6l :tO LO LO unr pow I 0 !ps G A,�pS TOWN OF LOS GATOS TOWN COUNCIL SCHEDULE FOR 2007 HAZARDOUS VEGETATION ABATEMENT HAZARDOUS VEGETATION ABATEMENT (BRUSH) May 7, 2007 Hazardous Vegetation Abatement (Brush) A. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for their abatement. B. Set June 18, 2007, as a public hearing on this annual program. June 18, 2007 Public Hearing - Abatement of Hazardous Vegetation (Brush) Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). August 6, 2007 Abatement of Hazardous Ve etation fflrusW A. Conduct public hearing to consider the report of the County Fire Marshal on abatement of hazardous vegetation (brush) for the 2007 -2008 season. B. Adopt resolution approving. said report (available in the Clerk Department). HAZARDOUS VEGETATION ABATEMENT ()YEEDS) August 6, 2007 Abatement of Hazardous Vegetation (Weeds) A. Conduct public hearing to consider the report of the County Fire Marshal on abatement of hazardous vegetation (weeds) for the 2007 -2008 season. B. Adopt resolution approving said report (available in the Clerk Department). November 19, 2007 Abatement of Hazardous Vegetation (Weeds) . A. Adopt resolution declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. B. Set January 22, 2008, as a public hearing date on this annual program. January 22, 2008 Public Hearing - Hazardous Vegetation Abatement (Weeds) Adopt resolution ordering abatement of hazardous vegetation (weeds). Attachment 3