1998-175-Declaring Weeds A Public Nuisance And Providing For Their AbatementRESOLUTION 1998 - 175
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING WEEDS A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of
California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner,
lessees or occupant of buildings, grounds, or lots to remove weeds from such buildings or
grounds and adjacent sidewalks, and, upon his failure to do so, to remove such weeds at his
expense, making the cost thereof a lien upon such property; and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure,
codified in Chapter 11, Article 2, Sections 11.20.010 through 11.20.045 of the Los Gatos Town
Code.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town Council hereby finds that "weeds ", as that term is defined in
Section 11.20.010, are growing upon and adjacent to private property within the Town of Los
Gatos, and declares that all weeds growing upon any private property or properties, and in any
sidewalk street, or alley within the Town of Los Gatos are a public nuisance and should be abated.
The Director of Parks and Public Works ( "the Director ") shall act as the Town Engineer for all
purposes set forth in Chapter 11, Article 2, and shall give notice of the passage of this resolution.
FURTHER RESOLVED, that unless such nuisance be abated by the destruction or
removal of such weeds within thirty (30) days after the adoption of this resolution, or within the
time specified in a written agreement with the Director, or his representative, whichever time shall
be later, as provided in Chapter 11, Article 2, of the Los Gatos Town Code, the Town of Los
Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and
lands from which, or in the front and rear of which, such weeds shall have been destroyed or
removed, such expense constituting a lien upon such lots or lands until paid, and to be collected
upon the next tax roll upon which general municipal taxes are collected.
FURTHER RESOLVED, that the Director shall execute a "Notice to Destroy Weeds" in
the form set forth in Section 11.20.020(b) and shall cause same to be published and posted in the
manner prescribed by Section 11.20.020(c).
FURTHER RESOLVED, that on the 7th day of December, 1998, at a meeting of the
Town Council beginning at 7:30 P.M. in the Council Chambers of the Civic Center, 110 E. Main
Street, Los Gatos, California, a public hearing will be held during which all property owners in the
Town of Los Gatos having any objections to the proposed destruction or removal of such weeds
will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 2nd day of November, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
i
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on December 7, 1998, 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 Resolution 1998 -175 declaring that all weeds growing upon any private property or in any
street, sidewalk or alley, as defined in Section 11.20.010 of such 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 Town
Engineer of the Town of Los Gatos, or his 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,
Monday, December 7, 1998 at 7:30 P.M., 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 Town Clerk.
/s/ Marian V. Cosgrove
Pub: November 18, 1998 and November 25, 1198.
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