09 Staff Report.Adopt Resolution Declaring Brush a Public Nuisance
PREPARED BY: Stefanie Hockemeyer
Executive Assistant
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/05/2020
ITEM NO: 9
DATE: April 29, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public
Nuisance, Ordering Abatement, and Setting June 16, 2020 as a Public Hearing
to Consider Objections to the Proposed Removal of Brush
RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance,
ordering abatement, and setting June 16, 2020 as a public hearing to consider objections to the
proposed removal of brush.
BACKGROUND:
The Santa Clara County Fire Department implements and manages a hazardous brush
abatement program for the Wildland Urban Interface (WUI) areas within its jurisdictional
boundaries, which includes the incorporated areas of Los Gatos, to provide defensible space for
structures. Early each year, property owners are reminded that they must remove flammable
vegetation from around their home and other structures on their property to create defensible
space. The Town annually adopts the Hazardous Vegetation Abatement Program and works
with the County who serves as the enforcement agent and conducts their own inspections.
If properties are found not to be in compliance with the California Fire Code relative to
vegetation clearance, the owners are given notice of the violation. If compliance is still not
achieved by approximately the end of June each year, a contractor is authorized to perform the
necessary work. The costs associated with the abatement work are then placed on the
property tax bill for that parcel.
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SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance,
Ordering Abatement, and Setting June 16, 2020 as a Public Hearing to Consider
Objections to the Proposed Removal of Brush
DATE: April 29, 2020
BACKGROUND (continued):
In February 2020, the Santa Clara County Fire Prevention Division notified property owners
located within the designated Wildland Urban Interface (WUI) area of the requirement to
comply with the enforced safety regulations related to flammable vegetation abatement
(Attachment 2). The letter also referenced the Town’s recently enacted Municipal Code
amendments which further enhance the safety of WUI residents.
At the time of the notice, property owners were given the option to complete the required
work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’
authorized contractor to perform the work.
DISCUSSION:
Below is the scheduled outline for the 2020 hazardous brush abatement program:
February 2020 The 2020 Brush Abatement Program letters are mailed to property
owners.
April 1, 2020 Santa Clara County Fire Department (SCCFD) begins conducting the first
property inspections. A door hanger describing the enforced safety
regulations is placed at the property and a copy is mailed to the property
owner’s mailing address.
May 5, 2020 Town Council adopts a Resolution declaring hazardous vegetation (brush)
a public nuisance and sets June 16, 2020 as a public hearing to consider
objections to the proposed removal of brush.
June 1, 2020 SCCFD begins conducting re-inspections of the properties that were out
of compliance at the time of the first property inspection. Property
owners who are not in compliance at the time of re-inspection will be
identified and notice will be sent to the property owners providing
information about the June 16th public hearing. The Town publishes
notices at least 10 days prior to the public hearing.
June 16, 2020 Town Council conducts a public hearing to consider objections to the
proposed removal of hazardous vegetation (brush) of declared non-
compliant parcels and orders the abatement of the nuisance by the
Town’s authorized contractor. These charges are applied to the owner’s
next property tax bill.
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SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance,
Ordering Abatement, and Setting June 16, 2020 as a Public Hearing to Consider
Objections to the Proposed Removal of Brush
DATE: April 29, 2020
DISCUSSION (continued):
June 2020 After the June 16th public hearing, an additional inspection of all
identified properties will be conducted prior to the Town’s authorized
contractor ordering any abatement work. If the property is found to be
in compliance at the time of the re-inspection or upon the arrival of the
abatement contractor, no work will be done and no charges will be
imposed.
July 2020 The County provides the Town with an assessment list of charges for
work performed by the contractor. If there are no proposed charges, no
additional public hearing is required.
August 4, 2020 In the event a list of assessed charges is presented to the Town in July,
the Town Council will conduct a public hearing on the hazardous
vegetation (brush) abatement charges and adopt a resolution confirming
or modifying assessments.
August 5, 2020 The Town Clerk submits a list of charges as a special assessment to the
County Tax Collector.
CONCLUSION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance,
ordering abatement, and setting June 16, 2020 as a public hearing to consider objections to the
proposed removal of brush.
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department.
FISCAL IMPACT:
Funds are provided in the FY 2019/20 Budget (Program 5101) to cover the cost of publishing
the legal notice for the public hearing.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
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SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance,
Ordering Abatement, and Setting June 16, 2020 as a Public Hearing to Consider
Objections to the Proposed Removal of Brush
DATE: April 29, 2020
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement,
and setting June 16, 2020 as a public hearing to consider objections to the proposed
removal of brush (includes Exhibit A).
2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.