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13 Staff Report - Public Hearing-Hazardous Vegetation Abatement (Weeds)MEETING DATE: 1/5/04 ITEM NO. /3 COUNCIL AGENDA REPORT !ps •~•A~p9 DATE: December 5, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PUBLIC HEARING -HAZARDOUS VEGETATION ABATEMENT (WEEDS) ADOPT RESOLUTION ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) RECOMMENDATION: 1. Open and hold the public hearing. 2. Close the public hearing. 3. Adopt resolution ordering abatement of hazardous vegetation (weeds). BACKGROUND: The Council annually adopts a Hazardous Vegetation (Weed) Abatement Resolution incoordination with the County Fire Marshal's Office. This program is regulated by the health and safety code and has been in place for twenty-five years. The purpose of this program is locating annual herbaceous vegetation, noxious weeds, and combustible debris for removal. The County Fire Marshal's Office conducts annual site reviews prior to the fire season and maintains a listing of properties where removal has been identified. The property owners on this list receive a notice from the County Fire Marshal's Office to remove the vegetation by a specified date. On December 1, 2003, the Town Council passed a resolution declaring hazardous vegetation (weeds) a public nuisance and set January 5, 2004 as the date for public hearing. The required posting and publishing has been done. Property owners were notified on December 4, 2003. In addition to the Hazardous Vegetation Abatement Program, the County Fire Department created a Brush Abatement Program in 1995, after the Oakland Hills fire. In this program, properties are inspected in April and property owners receive abatement notices from this program also. This is a separate program from the County Fire Marshal's Office. The focus of this program is the identification of perennial vegetation, brush, trees, and shrubs in designated high fire hazard areas. Earlier this year, properties in Town were inspected, and where hazardous vegetation (brush) was observed, notices were sent to property owners to remove the brush in accordance with fire safety standards. PREPARED BY: HN E. CURTIS irector of Parks and Public Works i Reviewed by: kt!jAssistant Town Manager _Lf~~Attorney Clerk Finance Community Development Revised: 12/5/03 3:28 pm Reformatted: 5130/02 N:\B&E\COUNCIL REPORTS\WEED1404.public.hearing.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PUBLIC HEARING - HAZARDOUS VEGETATION ABATEMENT (WEEDS) DECEMBER 5, 2003 DISCUSSION: These properties are then incorporated into the Hazardous Vegetation Management Program list with the County Fire Marshal's Office. On May 5, 2003, Council passed a resolution declaring hazardous vegetation (brush) a nuisance. A public hearing was held on August 4, 2003, and staff reported that all of the identified properties achieved voluntary compliance. There are two programs operated by the County to identify hazardous vegetation locations and to notify property owners that the vegetation is a fire hazard and must be removed. The two County departments are effectively working together to coordinate these programs. The time table for the Brush Abatement Program is consistent with the generally accepted procedures throughout Santa Clara County as recommended by the County Fire Marshal. CONCLUSION: The Town annually declares hazardous vegetation (weeds) a nuisance due to fire danger and enters into a contract (along with other municipalities) with the County to abate the hazardous vegetation (weeds) not removed by property owners. FISCAL IMPACT: None Attachments: 1. Resolution overruling objections and ordering abatement (with Exhibit A - Notice of Public Hearing) 2. Letter to Property Owners (with attachments) prepared by the Office of the County Fire Marshal Distribution: Debbie Craver, Program Coordinator, Hazardous Vegetation Management Program, Santa Clara County Fire Marshal's Office,70 W. Hedding Street, 7`h Floor, San Jose, CA 95110 i RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE WHEREAS, on December 1, 2003, the Town Council of the Town of Los Gatos adopted Resolution 2003-134 entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT," directing the giving of notice that hazardous vegetation (weeds) will be abated by the Town and the cost thereof made alien upon the private properties from which they are removed if the owners thereof fail to do so, and establishing the January 5, 2004 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 hazardous vegetation (weeds) might be heard and given due consideration; and WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave \ notice of the passage of said Resolution No. 2003-134 by causing' copies of the NOTICE TO DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No. 2003-134 to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos on December 17, 2003 and December 24, 2003 respectively, and causing said notice to be posted on December 12, 2003, 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 hazardous vegetation (weeds) were heard. NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY 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 hazardous vegetation (weeds) are hereby overruled, and the Director of Parks and Public Works, or his representative, is hereby ordered to abate such nuisance, or cause the same to be abated, by having the hazardous vegetation (weeds) referred to destroyed or removed by cutting, dicing, chemical spraying, or any other method which may hereafter be determined by the Town Council. Attachment 1 j FINALLY RESOLVED, that the Director of Parks and Public Works 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 held on the day of by the following vote: COUNCIL MEMBERS: AYES: NAYS : ABSENT: ABSTAIN: ATTEST: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK NOTICE OF PUBLIC HEARING TO DESTROY WEEDS NOTICE IS HEREBY GIVEN that on December 1, 2003, 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 (2003-134) declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20. of such Code, constitute a public nuisance, which nuisance must be abated by the destruction or 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 Director of Parks and Public Works of the Town of Los Gatos, or the Director of Parks and Public Works' 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, at 110 East Main Street, MONDAY, JANUARY 5, 2004, AT 7:00 P.M. or as soon thereafter as the matter can be heard, 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 CLERK OF THE TOWN OF LOS GATOS PUB: December 17, 2003 and December 24, 2003 Exhibit A County of Santa Clara - Department of Agriculture and Resource Management Office of the Fire Marshal County Government Center, East Wing 70 West Hedding St, 7th Floor San Jose, California 95110.1705 (408) 299-5760 FAX: (408) 279-8537 December 1St, 2003 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner, Your jurisdiction, as stated in the attached notice, has contracted with the County of Santa Clara to operate a Hazardous Vegetation (Weed) Management Program to protect your property and the area surrounding it from possible fire. The County is providing this information and notice packet to you as part of the Program. We encourage you to read the information carefully, and do not hesitate to call us for clarification or other information. Your jurisdiction has adopted or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds or other debris. In addition, your jurisdiction will be conducting a public hearing to further consider an abatement order to require you to remove any hazardous vegetation or combustible debris. The public hearing will be held on the date and at the place stated in the attached notice to destroy weeds. The public hearing provides an opportunity for you to raise any objections to the requirement that you remove fire-hazardous vegetation/debris from your property prior to the deadline provided in the attached abatement schedule. If the Hazardous Vegetation Management Program is approved for your property during the public hearing, the County will be authorized by its contract with the cities, and by state law, to perform an inspection of your property to determine whether or not the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. After the inspection, the County will order any and all necessary abatement work, and have that work completed by a County contractor. The County will choose the least costly method of abatement considering the physical characteristics of your property and environmental concerns. Added to the cost of abatement is a County administrative fee. These fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by your jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. You can avoid all costs by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs through October. In preparation for this program, please take the time to complete and return the enclosed Reply Form so that we-understand your intentions regarding maintenance of your property. This form is used to provide us information such as changes to property ownership, and information on access and entry to locked/fenced properties. If we do not receive this information, you will have consented to the entry of authorized personnel on your property for inspection purposes and for any necessary abatement; and, in the case of Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss County Executive Peter Kutras Jr. Attachment 2 locked properties, you are consenting to county contractors accessing your property using whatever reasonable means are necessary. If you designate in your reply that you intend to abate the weeds yourself, you are expected to complete the abatement before the deadline listed on the abatement schedule and maintain fire safe conditions for the duration of fire season. Responding that you intend to provide maintenance yourself does not release you from this responsibility to have the maintenance completed before your deadline and repeated as necessary to maintain Minimum Fire Safe Standards. County contractors will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction. Enclosed you will find the following information: ✓ A Reply Form specific to your property. Please complete and return promptly. ✓ A Notice To Destroy Weeds informing you of an upcoming public meeting that you must attend if you have any objections to the proposed removal of hazardous vegetation or debris from your property. ✓ A Hazardous Vegetation Management Program Schedule for your city and a current County price list. ✓ A Brochure about the Hazardous Vegetation Management Program. Please be aware that any abatement performed by the County contractor must be in compliance with all applicable environmental protection regulations. If your property falls within an area designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods of vegetation clearing may be regulated by specific laws or local ordinances. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after the date of this letter, failure to properly notify the new owner may make you liable for all hazard abatement charges assessed to the property: Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure that all properties are safe from fire at all times during the year. If you have any questions about your property or need on-site advice to help you achieve compliance with the Minimum Fire Standards, please call the Santa Clara County Hazardous Vegetation Management Program at (408) 299-5765. Sincerely, Debbie Craver, Program Coordinator Hazardous Vegetation Management Attachments 2004 Return Reply Form I,_ ORTANT: Please complete this form and mail back to the Fire Marshal's Office no later than JANUARY 15, 2004. Thank you. UNION PACIFIC CORP 10031 FOOTHILLS BL ROSEVILLE CA 95747-0000 UNION PACIFIC CORP TRA: 3003 ~v h Please check the box that applies for each parcel (see explanations below): Parcel Number Site Address A B C 409-04-052 LG A) I am no longer the owner of this property, and the new owner information is listed below. Please return Reply Form immediately. ~end to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from April 1, 2004 through the B ) end of the fire season. All parcels on the abatement list remain subject to inspection to ascertain compliance. Non-compliance will result in the abatement of weeds by the County contractor and the resulting charges added to the property tax. C I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax. Work may commence on or about March 1st. Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvements in the spaces provided below. If your property is fenced/locked, please provide instructions on how to enter the property. Thank you. Signature Name (please print) Date Day time phone Fold Here First Return Address - HAZARDOUS VEGETATION MANAGEMENT PROGRAM SANTA CLARA COUNTY FIRE MARSHALS OFFICE EAST WING 7TH FLOOR 70 WEST HEDDING STREET SAN JOSE CA 95110-1705 Fold Here Second Use Tape to Secure TRA 03 Notice To Destroy Weeds NOTICE IS HEREBY GIVEN that on December 1, 2003, 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 declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Pubic Works of the Town of Los Gatos, or the Director. of Parks and Pubic Works' 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 at 110 East Main Street, Las Gatos, California, on Monday, January 5th 2004, at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) Z TRA 03 LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE January 5th, 2004 Public hearing to consider objection to Abatement List. April 1st PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July/August Assessment Hearing date to be scheduled by Town Council. Santa Clara County Hazardous Vegetation Management Program 2004 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST* Disc Work** Handwork 92.08 Parcel Size 1st Disc +2nd Disc =Total Discs Handwork price is per 0 - 5,000 sq.ft. 276.25 92.10 368.60 Person, per hour. A one 5,001 - 7,500 292.48 97.50 389.98 hour minimum per person .will 7,501 - 10,000 316.85 105.65 22.50 . 10,001 - 12,000 341.20 -113:75 54.95 12,001 - 15,000 357.50 119.15 76.65 15,001 - 18,000 373.75 124.60 98.35 Flail Mowing 194.98 Per Hour 18,001 - 21,000 398.10 132.70 530.80 21,001 - 25,000 414.38 138.13 552.51 Loader Work 200.43. Per Hour 25,001 - 30,000 438.75 $146.2 8 $585.0 30,001 - 35,000 54.98 151.68 606.66 Dump Truck 200.43 Per Hour 35,001 - 1 Acre $479.38 $159.80 639.18 Per acre charge 438.75 146.28 585.03 Brush Work 211.25 Per Hour It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. 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