Staff Report - Weed Abatement
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2017
ITEM NO: 5
DATE: NOVEMBER 9, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
A. ADOPT A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT.
B. SET JANUARY 16, 2018 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL
PROGRAM.
RECOMMENDATION:
1. Adopt a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement.
2. Set January 16, 2018 as the public hearing date for this annual program.
BACKGROUND:
Hazardous vegetation (weeds) pose a fire threat during the summer months and it is the
individual property owner’s responsibility to control them. To eliminate hazardous vegetation
(weeds), the Town adopted a Hazardous Vegetation (Weed) Abatement Program (Town Code
Chapter 11, Article II).
Since 1978, the Town’s Hazardous Vegetation Abatement of Weeds Program has been
administered through a contract with Santa Clara County. The County’s Department of
Agriculture and Environmental Management (Weed Abatement Division) identifies properties
in Los Gatos with hazardous vegetation and/or weeds and notifies the property owners. The
property owners are given a specific timeline to remove the vegetation, and if they do not, a
contractor selected by the County removes the vegetation. The cost for the abatement is then
passed on to the owner as an assessment on their property tax bill.
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SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
NOVEMBER 9, 2017
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DISCUSSION:
Parcels throughout the Town that represent a potential hazard due to weeds or combustible
materials have been added to an abatement program list maintained by the County. The
attached resolution represents the first step in the Town of Los Gatos’ Hazardous Vegetation
Abatement Program process and declares the vegetation or debris on these properties as being
a potential hazard and public nuisance.
During the public hearing on January 16, 2018, the Council will be asked to approve the Weed
Abatement Program. If approved, the County will be authorized to perform an inspection of
properties on the abatement list to determine if the property has met Weed Abatement
Program requirements. Property owners will have until April 13, 2018 to abate their properties.
A schedule of the upcoming Weed Abatement Program is as follows:
November 2017 The Santa Clara County Department of Agriculture and Environmental
Management prepares a list of properties requiring abatement.
November 21, 2017 Town Council passes a Resolution (Attachment 1) declaring hazardous
vegetation (weeds) a nuisance and sets a public hearing for January 16,
2018.
December 8, 2017 The Santa Clara County Department of Agriculture and Environmental
Management sends notice to property owners to abate the hazardous
vegetation (weeds), and notifies owners of time and place of the January
16, 2018 public hearing.
December 2017 Clerk Administrator submits a legal ad to the Los Gatos Weekly for
publishing titled, "Notice of January 16, 2018 Public Hearing to Destroy
Hazardous Vegetation (Weeds) and Notice of Passage of Resolution”.
January 16, 2018 Public Hearing - Town Council hears protests and passes resolution
allowing or overruling objections and ordering abatement as appropriate
and specifying the method for abatement.
April 13, 2018 Department of Agriculture and Environmental Management starts to
inspect Los Gatos properties. Properties which have not been cleared of
hazardous vegetation will be abated by a contractor for the Department
of Agriculture and Environmental Management.
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SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
NOVEMBER 9, 2017
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DISCUSSION (cont’d):
June 2018 Clerk Administrator submits a legal ad to the Los Gatos Weekly for
publishing titled, “Notice of August 7, 2018 Public Hearing for Town
Council to hear protests to proposed charges.”
August 7, 2018 Town Council public hearing on proposed hazardous vegetation (weed)
abatement charges with Council resolution confirming or modifying
assessments.
August 8, 2018 Clerk Administrator shall file a confirmed report of parcel charges to the
County Office of the Assessor to enter on the County tax roll as a special
assessment.
CONCLUSION:
Staff recommends that the Town Council:
1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance
and providing for their abatement.
2. Set January 16, 2018 as the public hearing date for this annual program.
FISCAL IMPACT:
The County’s Weed Abatement Program administers services for 13 local agencies under a cost
recovery model, paid for by fees imposed on the parcel owners. The estimated program cost
related to each agency is based on the number of parcels per agency. Funds are provided in the
FY 2017/18 Operating Budget to cover the cost of publishing all required legal notices.
ENVIRONMENTAL ASSESSMENT
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance
Distribution:
Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara,
1553 Berger Drive, San Jose, CA 95112