Attachment 3RESOLUTION 2019-019
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDER
ABATEMENT, AND SET JUNE 18, 2019 AS A PUBLIC HEARING TO HEAR AND
CONSIDER ALL OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS, Sections 39560 and following of the Government Code of the State of
California authorize the Town of Los Gatos to declare that hazardous vegetation (brush)
growing to such size and such type and in such locations as to constitute a fire hazard to the
community may be declared a public nuisance and to compel owners, lessees, or occupants of
buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the
fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation
(brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent
sidewalks and parkways, and upon the person's failure to do so, to remove or abate such
hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien
upon the property; and
WHEREAS, the Town of Los Gatos has entered into an agreement with the County of
Santa Clara to provide hazardous vegetation (brush) abatement services; and
WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform
Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface Fire areas
identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated
immediately; and
WHEREAS, the Santa Clara County Fire Department has mailed notices to property
owners within the Wildland Urban Interface areas notifying them of the need to abate
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hazardous vegetation (brush) violations and explaining the steps necessary to correct such
violations.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and
the Town Coun cil hereby finds that hazardous vegetation (brush) is a wood, perennial plant
usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside
area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture
contention in their leaves and branches. Examples of this type of plant material include
California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of
hazardous vegetation (brush) upon and adjacent to private property within the hillside
hazardous fire area and adjacent parkways and sidewalks is a public nuisance and should be
abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of
giving notice, supervising performance of the agreement with the County of Santa Clara, and
evaluating the costs of abatement.
BE IT FURTHER RESOLVED that the Town Clerk is directed to mail notice of this
resolution to the persons designated by the Superintendent in conformance with the
Government Code and publish notice of this resolution as provided in the Government Code.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are
corrected within the time specified in a written agreement with the Superintendent or the
Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated,
and the expense thereof assessed upon the lots or lands from which or on which the
abatement actions occur, such expense to constitute a lien upon such lots or lands until paid,
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Resolution 2019-019 May 7, 2019
and to be collected upon the next real property tax roll upon which general municipal taxes are
collected.
BE IT FURTHER RESOLVED that on the 18th day of June, 2019, at a meeting of the Town
Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street,
Los Gatos, CA, a public hearing will be held during which all property owners within the
Wildland Urban Interface areas in the Town of Los Gatos having any objections to the proposed
abatement of hazardous vegetation (brush) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of May 2019 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marica Sayoc, Barba
NAYS:
ABSENT:
ABSTAIN:
None.
None.
None.
ctor, Mayor Steven Leonardis
MAYOR OF THE TOWN OF LOS GATOS
ATIEST:
��TOWN CLERK OF Tiii: TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: � If'� {( q
Resolution 2019-019
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May 7, 2019