09 Staff Report - Hazardous Vegetation - Brush
DATE: TO: FROM: SUBJECT: MEETING DATE: 5/3/04 ITEM.NO.· 0) COUNCIL AGENDA REPORT APRIL 16,2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, HAZARDOUS VEGETATION ABATEMENT
A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT B. SET JUNE 21, 2004 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL PROGRAM.
RECOMMENDATION: 1. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for their abatement. 2. Set June 21, 2004 as a public hearing to hear protests
on this annual program. DISCUSSION: Hazardous vegetation (brush) pose a fire threat during the summer months and property owners should control them. To eliminate hazardous vegetation
(brush), the Town historically has adopted a Hazardous Vegetation (Brush) Abatement Program. The time table listed below is in keeping with generally accepted procedures throughout Santa
Clara County as recommended by the County Fire Marshal's Office. Under the county program, property owners with hazardous vegetation (brush) problems are notified and given an opportunity
to abate the hazardous vegetation (brush). Ifthe problem is not addressed, the county contractor takes care of the hazardous vegetation (brush) and the cost is added to the owner's property
tax bill. PREPARED BY: (. We1-OHNE. CURTIS irector of Parks and Public Works Reviewed by: 0:>":) Assistant Town Manager =tUd\:ttomey _.__Clerk Finance __Community Development Revised:
4/16/04 8:42 am Refonnatted: 5/30/02 N:\B&E\COUNCIL REPORTS\BRUSH504.wpd
PAGE 2 SUBJECT: RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT 16,2004 DISCUSSION: -(Cont.)
A complete schedule of the program is as follows: May 3, 2004 Town Council passes resolution declaring hazardous vegetation (brush) a nuisance and sets a public hearing (June 21, 2004).
May 26, 2004 Town Clerk publishes notice of June 21, 2004 Public Hearing for Town Council to hear protests to proposed cha.rges. (Publish twice'and post in three places). (Publish June
2,2004, and June 9,2004). June 21,2004 Public Hearing -Town Council hears protests and passes resolution allowing or overruling objections and ordering abatement as appropriate and specifying
the method of abatement. June 22, 2004 Properties which have not been cleared of hazardous vegetation (brush) are abated by a contractor for the County Fire Marshal. July 23,2004 County
Fire Marshal returns account and assessment list of charges for work done by contractor NOTE: Town staffhave expressed concern to County Fire Marshal that the schedule has little tolerance
for delays. August 2,2004 Town Council Public Hearing on any proposed hazardous vegetation (brush) abatement charges; Council resolution confirming or modifying assessments. August 3,
2004 Town Council returns list of charges to County Fire Marshal for filing with County Auditor as a special assessment. CONCLUSION: This is a standard procedure of the Town ofLos Gatos.
It has been enacted to reduce fire danger. FISCAL IMPACT: None. ENVIRONMENTAL ASSESSMENTS: Not a project as defined under CEQA and no further action is required.
PAGE 3 SUBJECT: RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT 16,2004 Attachments: Resolution
declaring hazardous vegetation (brush) a public nuisance Distribution: Debbie Craver, Program Coordinator, Hazardous Management Program, Santa Clara County Fire Marshal's Office, 70
West Hedding Street, San Jose, CA 95110 Dirk Mattern, Deputy ChiefofFire Prevention, Central Fire District, 14706 Winchester Boulevard, Los Gatos, CA 95030
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS . DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT WHEREAS, Sections 39560 and
following ofthe Government Code ofthe State ofCalifornia authorize the Town ofLos 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 nuisartce and to compel owners, lessees, or occupants ofbuildings, 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 mitiga!e 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 ofLos Gatos has entered into an agreement with the County ofSanta 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 in the Hillside Areas identified
and shown on the "Hazardous Fire Area" map constitutes a public nuisance and should be abated immediately; and WHEREAS, the County of Santa Clara has mailed notice to 1,191 property
owners in the Hillside Hazardous Fire Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.
RESOLVED, by the Town Council ofthe Town ofLos Gatos, and the Town Council 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 ofthis type ofplant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth ofhazardous 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 to 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.
FURTHER RESOLVED, the Town Clerk is directed to mail notice ofthis 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. FURTHER RESOLVED, that unless the hazardous vegetation (brush) violations are corrected by June, 22, 2004, or 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 thereofassessed 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, and to be collected upon the next real propertytax
roll upon which general municipal taxes are collected. FURTHER RESOLVED, that on the 21st day of June, 2004, at a meeting of the Town Council beginning at 7:00 P. M. in the Council Chambers
ofthe Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be be held during which all property owners in Hillside Hazard Area 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 ofthe Town Council ofthe Town ofLos Gatos,
California, held on the 3rd day of May, 2004 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: SIGNED: ) . MAYOR OF THE TO\VN OF LOS GATOS LOS GATOS, CALIFORNIA
CLERK OF THETO\VN OF LOS GATOS LOS GATOS, CALIFORNIA