2009-046-Declaring Hazardous Vegetation A Public Nuisance And Providing For AbatementRESOLUTION 2009 -046
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 such locations as to constitute a fire hazard to the community may be 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
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 Wild Land Urban Interface Areas identified and shown
on the "Hazardous Fire Area" reap constitutes a public nuisance and should be abated immediately;
and
WHEREAS, the Fire Department has mailed notices to 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 kriown 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
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.
BE IT FURTHER RESOLVED, the Clerk Administrator 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.
BE IT FURTHER RESOLVED, that unless the hazardous vegetation (brush) violations are
corrected by June 1, 2009, 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.
BE IT FURTHER RESOLVED, that on the 15 day of June, 2009, 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 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 of the Town Council of the Town of Los
Gatos, California, held on the 4"' day of May, 2009 by the following vote:
COUNCIL:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
C OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA