1997-057-Overruling Objections And Ordering Abatement Of Brush As A Public NuisanceRESOLUTION 1997 - 57
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF BRUSH AS A PUBLIC NUISANCE
WHEREAS, on May 19, 1997, the Town Council of the Town of Los Gatos adopted
Resolution 1997 -46, entitled, "A RESOLUTION DECLARING BRUSH A PUBLIC
NUISANCE AND PROVIDING FOR ABATEMENT ", directing the giving of notice that 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 2, 1997
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 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. 1997 -46 by causing copies of the NOTICE OF PUBLIC
HEARING TO ABATE BRUSH HAZARDS in the same form as annexed to said Resolution No.
1997 -46 to be published in the Los Gatos Weekly Times, a newspaper of general circulation
published in the Town of Los Gatos on May 14, 1997, and May 21, 1997, respectively, and
causing said notice to be posted on May 14, 1997, 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 brush were heard.
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
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 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 11.20.010 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 2nd day of June, 1997, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: 1 "0
,MAYOR OF THE TOWN OF LO GATOS
-�OS GATOS, 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 BRUSH HAZARDS
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 CENTRAL FIRE DISTRICT INDICATES THAT YOUR PROPERTY MAY
CONTAIN A BRUSH OR VEGETATION 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 19, 1997, pursuant to the
provisions of the California Government Code, the Town Council of the Town of Los Gatos adopted
Resolution 1997 -46 declaring that 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 Central Fire District. Brush is defined as a woody perennial plant usually with
multiple stems and trunks under ten feet in height. 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 Central Fire District generally describing required abatement actions.
NOTICE IS FURTHER GIVEN that property owners within the Hillside
Hazardous Fire Area shall, by June 2, 1997 or within the time specified in a written agreement with
the Town Director of Building and Engineering Services, whichever time is later, take such steps as
are necessary to abate the 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 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 2, 1997, 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 brush and weed abatement and hillside fire hazards and prevention
is available from the Central Fire District 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 Central Fire District or the Town Building &
Engineering Services Department at 110 E. Main Street, Los Gatos, CA, phone (408) 354 -6876.
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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