1999-073-Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public NuisanceRESOLUTION 1999 - 73
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 17, 1999, the Town Council of the Town of Los Gatos adopted
Resolution 1999 -53, 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 7, 1999 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 Town Engineer of the Town of Los Gatos gave notice of the
passage of said Resolution No. 1999 -53 by causing copies of the NOTICE OF PUBLIC
HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as annexed
to said Resolution No. 1999 -53 to be published in the Los Gatos Weekly Times, a newspaper of
general circulation published in the Town of Los Gatos on May 19, 1999, and May 26, 1999,
respectively, and causing said notice to be posted on May 12, 1999, in two (2) prominent places
in the Town of Los Gatos; and
WHEREAS, the Town has given Notice (Exhibit A) to all property owners (Attachment
2) 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 Town Engineer, or his representative,
is hereby ordered to abate such nuisance, or cause the same to be abated, by having the hazardous
vegetation (brush) (referred to in Exhibit A) 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 Town Engineer of the Town of Los Gatos, or his
authorized agent or representative, and the Town Clerk, are directed to proceed with the matters
set forth in Section 11.20.0 10 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 7th day of June, 1999, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski.
NAYS: None
ABSENT: Mayor Jan Hutchins
ABSTAIN: None
SIGNED:
VICIYMAYOR OF THE TOWN OF LOS GATOS
LOS UATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING
TO ABATE HAZARDOUS VEGETATION (BRUSH)
THIS NOTICE IS BEING SENT TO YOU BECAUSE YOU OWN PROPERTY IN THE
TOWN'S HILLSIDE HAZARDOUS FIRE AREA AND A PRELIMINARY INSPECTION BY
THE SANTA CLARA COUNTY FIRE DEPARTMENT INDICATES THAT YOUR
PROPERTY MAY CONTAITATION FIRE HAZARD REQUIRING ABATEMENT
-- PROPERTIES WILL BE REINSPECTED BEFORE WORK IS ORDERED --
HOWEVER, IF YOU HAVE DONE THE WORK, PLEASE CONTACT CENTRAL FIRE
DISTRICT AT THE NUMBER LISTED BELOW
NOTICE IS HEREBY GIVEN that on May 17, 1999, pursuant to the provisions
of the California Government Code, the Town Council of the Town of Los Gatos adopted
Resolution 1999 -53 declaring that hazardous vegetation (brush) growing to such size and such
type on any private property or in any street, sidewalk, or alley adjacent to such property in the
Hillside Hazardous Fire Area of the Town constitutes a public nuisance, and that this nuisance
must be abated by removal or trimming as specified by the Santa Clara County Fire Department.
Hazardous vegetation (brush) is defined as a woody perennial plant usually with multiple stems
and trunks under ten feet in height. Hazardous vegetation (brush) is also known to have a high
oil, high resin, or low moisture content in the leaves and branches. You should have already
received a letter from the Santa Clara County Fire Department generally describing required
abatement actions.
NOTICE IS FURTHER GIVEN that property owners within the Hillside
Hazardous Fire Area shall, by June 7, 1999 or within the time specified in a written agreement
with the Town Director of Parks and Public Works, whichever time is later, take such steps as
are necessary to abate the hazardous vegetation (brush) violations, or such violations will be
corrected and such nuisance abated by the Town of Los Gatos in contract with the County of
Santa Clara, in which case such cost of abatement will be assessed upon the lots and lands from
which, or that are adjacent to the sidewalks, streets, or alleys on which such abatement has
occurred, and will be collected upon the next tax roll upon which general municipal taxes are
collected and will constitute a lien on the affected properties until paid. All property owners
having any objections to the proposed abatement of the hazardous vegetation (brush) violations
are hereby notified to attend a meeting of the Town Council of the Town of Los Gatos to be held
in the Council Chambers of the Town, located at 110 East Main Street, Los Gatos, California, on
MONDAY, JUNE 7,1999, AT 7:30 P.M., when and where their objections will be heard and
given due consideration.
A COMPLETE RECORD OF THIS PROCEEDING, INCLUDING THE RESOLUTION,
IS ON FILE IN THE OFFICE OF THE TOWN CLERK, located at 110 E. Main Street, Los
Gatos, CA. Further information regarding hazardous vegetation (brush and weed) abatement and
hillside fire hazards and prevention is available from the Santa Clara County Fire Department
located at 14700 Winchester Boulevard, Los Gatos, CA, phone (408) 378 -4010. Further
information regarding the location and effect of the Hillside Hazardous Fire Area may be
obtained from either the Santa Clara County Fire Department or the Town Parks and Public
Works Department at 110 E. Main Street, Los Gatos, CA, phone (408) 354 -6864.
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA