1994-175-Overruling Objections And Ordering Abatement Of Weeds As A Public NuisanceRESOLUTION 1994 - 175
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF WEEDS AS A PUBLIC NUISANCE
WHEREAS, on November 7, 1994, the Town Council of the Town of Los Gatos
adopted Resolution 1994 -153 entitled, "A RESOLUTION DECLARING WEEDS A
PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT', directing the
giving of notice that weeds 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 December 5, 1994 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 weeds 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. 1994 -153 by causing copies of the NOTICE TO
DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No.
1994 -153 to be published in the Los Gatos Weekly Times, a newspaper of general
circulation published in the Town of Los Gatos on November 17, 1994, and November
24, respectively, and causing said notice to be posted on November 17, 1994, in three (3)
prominent places in the Town of Los Gatos; 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 weeds 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 weeds 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 weeds (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 5th day of December, 1994 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: n
MAYOR OFF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on November 7, 1994, 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 a Resolution 1994 -153 declaring that all weeds growing upon any private
property or in any street, sidewalk or alley, as defined in Section 11.20.101 of such Code,
constitute a public nuisance, which nuisance must be abated by the destruction of 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 5, 1994 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 24, 1994
cc: Los Gatos Weekly
San Jose Mercury News
Manager
Building & Engineering
Posted: Library, Town Board
Post Office
EXHIBIT A