2009-092 - Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public NuisanceRESOLUTION 2009 =092
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 4, 2009, the Town Council of the Town of Los Gatos adopted
Resolution 2000 -046, 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 15, 2009 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 Parrs and Public Works of the Town of Los Gatos gave
notice of the passage of said Resolution No, 2009 -046, by causing copies of the NOTICE OF
PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as
annexed to said Resolution No, 2009 -046 to be published in the Los Gatos Weekly Times, a
newspaper of general circulation published in the Town of Los Gatos on May 27, 2009, and June
3, 2009, respectively, and causing said notice (referred to as Exhibit A) to be posted on May 27,
2009 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:
NOW, THEREFORE, BE IT 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; and
BE IT 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 3 rd day of August, 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
ATT y'-F
CLE E TOWN OF LOS GATOS
LOS , ALIFORNIA
Exhibit A
TOWN OF LOS GATOS
OFFICE OF TAE TOWN CLERK
NOTICE OF PUBLIC NEARING
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Los Gatos has set
Monday, ,lime 15, 2009 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 IIearing described in this notice, or in written
correspondence delivered to the Clerk Department prior to the hearing.
/s/ Jackie Rose
Clerk Administrator
PUB: LG 5/27/09 & 6/3/09.