Staff Report.Weed Abatement
PREPARED BY: Meredith Johnston
Administrative Technician, Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/18/2022 ITEM NO: 7
DATE: January 4, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the
Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed
on the 2022 Weed Abatement Program Commencement Report and Order
the Abatement RECOMMENDATION:
Conduct a public hearing to consider objections to the proposed abatement of hazardous
vegetation (weeds) for properties listed on the 2022 Weed Abatement Program
Commencement Report (Attachment 1) and order the abatement.
BACKGROUND:
The Weed Abatement Program is a different, but complimentary program to the Brush
Abatement Program, that works to protect the Town by preventing fire hazards created by
vegetative growth and the accumulation of combustible debris with the goal of voluntary
compliance.
The Town of Los Gatos Municipal Code Chapter 11, Article II et seq requires property owners to
prevent potential fire hazards based on the California Health & Safety Code to provide
protection for the property and any nearby structures by clearing hazards according to
Minimum Fire Safety Standards. It also authorizes the County to remove the weeds if the
property owner fails to do so and to recover costs through an assessment on the property tax
bill for each parcel.
Typically, a property is placed in the program after a County inspector identifies a potential fire
hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public
PAGE 2 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2022 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 4, 2022
BACKGROUND (continued):
agencies can also submit complaints to the County. Once a parcel is placed in the program, it
will remain until it displays compliance for three consecutive years, at which point it will be
removed.
The Program is administered by the County on behalf of the Town and is funded from fees
assessed on the properties included on the assessment list. Every year while in the program,
each of the property owners are charged an annual compliance inspection fee and some incur
costs for additional inspections, administrative, and abatement fees.
DISCUSSION:
On December 7, 2021, the Town Council passed Resolution 2021-057 (Attachment 2) declaring
hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting
January 18, 2022 as a public hearing for the annual program to consider objections for
proposed removal and to order the abatement. On December 15, 2021, the County mailed
informational weed abatement program packets to all property owners, including the schedule
and price list (Attachment 3).
The weed abatement process consists of eight steps that begin in November and go through
August of each year. Currently the process is at Step 4 on the list as illustrated below.
1. When properties are identified as having hazardous weeds, they are placed in the program,
monitored, and must be compliant for three consecutive years in order to be removed from
the program. County prepares a report of all properties that have been identified and
provides the report to the Town (Attachment 1) (November).
2. Town Council adopts resolution declaring weeds a nuisance and sets a hearing date to hear
objections by property owners to having their property listed on the report (Attachment 2)
(December).
3. County sends notice to property owners on the report notifying them of the hearing date,
along with guidelines on the Weed Abatement Program explaining that they must remove
weeds by the abatement deadline or it will be done for them and the cost of the abatement
plus administrative costs will be assessed by the County Tax Collector against the respective
property (Attachment 3) (December).
PAGE 3 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2022 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 4, 2022
DISCUSSION (continued):
4. Town Council holds a public hearing to consider objections by property owners and orders
abatement (January).
5. County sends a courtesy letter to property owners on the report notifying them again of the
abatement deadline (January).
6. After the April parcel abatement deadline, the properties are inspected by the County to
verify that weeds were removed and proceeds with abatement if the inspection fails.
County creates an assessment report of all costs associated with the abatement and
provides that report to the Town (June-July).
7. Town notifies the property owners on the assessment report notifying them of the hearing
date (July).
8. Town Council holds a public hearing, notes any disputes, and adopts a resolution confirming
the assessment report, authorizing collection of the assessment charges (August).
CONCLUSION:
Staff recommends that the Council conduct a public hearing to consider objections to the
proposed abatement of hazardous vegetation (weeds) for properties listed on the 2022 Weed
Abatement Program Commencement Report (Attachment 1) and order the abatement. At the
time of this report’s preparation, staff had not been contacted regarding potential objections.
COORDINATION:
This program has been coordinated with the Santa Clara County Department of Agriculture and
Environmental Management.
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 2021/22 Operating Budget to cover the cost of publishing all required legal notices.
PAGE 4 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2022 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 4, 2022
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. 2022 Weed Abatement Program Commencement Report
2. Resolution 2021-057
3. Abatement Program Packet Mailed to Parcel Owners