21 Staff Report - Abatement of Hazardous Vegetation (Brush)
DATE: TO: FROM: COUNCIL AGENDA REPORT June 4,2004 MAYOR ANDTOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER MEETINGDATE: 6/21/04 ITEM NO. .J-f SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
ADOPT RESOLUTION OVERRULING OBJECTIONS AND ORDERING HAZARDOUS VEGETATION ABATEMENT (BRUSH) RECOMMENDATION: 1. Open and hold the Public Hearing. 2. Close the Public Hearing. 3. Adopt
Resolution (Attachment 1) overruling objections and ordering hazardous vegetation abatement (brush). BACKGROUND: On May 3, 2004, the Town Council passed a resolution declaring hazardous
vegetation (brush) a .public nuisance and set June 21, 2004 as the date for the public hearing. The required posting and publishing has been done. Property owners have been noticed bymail.
The heari.ng is an opportunity for those objecting to the potential charges to come forward and be heard. DISCUSSION: The Town annually declares hazardous vegetation (brush) a nuisance
due to fire danger and enters into a contract (along with other municipalities) with the Countyto abate the hazardous vegetation (brush) not removed byproperty owners. Hazardous vegetation
(brush) was declared a nuisance at a public meeting ofthe Council on May3, 2004. Attached for information is a Town Council Hazardous Vegetation Abatement Schedule (for both brush ,and
weeds) for year 2004 -(Attachment 2). , PREPARED BY: J HN E. CURTIS irector ofParks and Public Works Reviewed by: Assistant Town Manager """",,-lI--:A.ttomey __Clerk Finance
__Community Development Revised: 6/4/04 10:35 am Refonnatted: 5/30/02 N:\B&E\COUNCIL REPORTS\BRUSH.61604.wpd
PAGE 2 SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) JUNE 4,2004 CONCLUSION Staffrecommends approval ofresolution overruling objections and
ordering nazardous vegetation abatement (brush). FISCAL IM:PACT: None Attachments: 1. Resolution overruling objections and ordering abatement (with Exhibit A -Notice of Public Hearing
Notice) 2. Town Council Hazardous Vegetation Abatement Schedule for year 2004 Distribution: Dirk Mattern, Deputy Chief of Fire Prevention, Santa Clara County Fire Department, 14700 Winchester
Boulevard, Los Gatos, CA 95030 Debbie Craver, Hazardous Vegetation Coordinator, Santa Clara County Fire Marshal's Office, 70 West Hedding Street, San Jose, CA 95110
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE WHEREAS, on May 3,
2004, the Town Council of the Town of Los Gatos adopted Resolution 2004-62, entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT",
directing the giving ofnotice that hazardous vegetation (brush) will be abated by the Town and the cost thereof made a lien upon the private properties from which they are removed if
the owners thereof fail to do so, and establishing the June 21, 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 (brush) might be heard and given due consideration; and WHEREAS, that the ofParks and Public Works
of the Town of Los Gatos gave notice ofthe passage ofsaid Resolution No. 2004-62, bycausing copies NOTICE OF PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same
form as annexed to said Resolution No. 2004-62 to be published in the Los Gatos WeeklyTimes, a newspaper ofgeneral circulation published in the Town ofLos Gatos on June 2; 2004, and
June 9,2004, respectively, and causing said notice to be posted on May 26,2004 in two (2) prominent places in the Town of Los Gatos; and WHEREAS, the Town has givenNotice (Exhibit A)
to all property owners found in non-. compliance; 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 obj ections to the proposed destruction or removal of such attest: RESOLVED, by the Town Council ofthe Town ofLos Gatos, County ofSanta Clara,
State of California, that all objections, if any, to the proposed destruction or removal of such hazardous vegetation (brush) 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 (brush) (referred to in Exhibit A) destroyed
orremoved by cutting, dicing, chemical spraying, or any other method which may hereafter be determined by the Town Council. Attachment 1
FURTHERRESOLVED, that the Director ofParks and Public Works ofthe Town of Los Gatos, or his authorized agent or representative, and the Town Clerk, are directed to proceed with the matters
set forth inSection 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.ofthe Town of Los , Gatos held on the
day of , 2004, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERKOF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK NOTICE OF PUBLIC HEARING, TO ABATE HAZARDOUS VEGETATION (BRUSH) THIS NOTICE IS BEING SENT TO YOU BECAUSE YOU OWN PROPERTY IN THE TOWN'S HILLSIDE
HAZARDOUS FIRE AREA AND A PRELIMINARY INSPECTION BY THE SANTA CLARA COUNTY FIRE DEPARTMENT INDICATES THAT YOUR PROPERTY MAY CONTAIN BRUSH OR VEGETATION FIRE HAZARD REQUIRING ABATEMENT
--PROPERTIES WILL BE REINSPECTED BEFORE WORK IS ORDERED -HOWEVER, IF YOU HAVE DONE THE WORK, PLEASE CONTACT CENTRAL FIRE DISTRICT AT THE NUMBER LISTED BELOW NOTICE IS HEREBY GIVEN that
on May 3, 2004, pursuant to the provisions of the California Government Code, the Town Council of the Town ofLos Gatos adopted Resolution 2004-62 declaring that hazardous vegetation
(brush) growing to such size and such type on any private property or in any street, sidewalk, or alley adjacent to such property in the Hillside Hazardous Fire Area ofthe Town constitutes
a public nuisance, and that,this nuisance must be abated by removal or trimming as specified by the Santa Clara'County Fire Department. Hazardous vegetation (brush) is defined as a woody
perennial plant usually with multiple stems and trunks under ten feet in height. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture content in
the leaves and branches. You should have already received a letter from the Santa Clara County Fire Department generally describing required abatement actions. . NOTICE IS FURTHERGIVENthat
propertyowners within the Hillside Hazardous Fire Area shall, by June 21,2004, or within the time specified in a written agreement with the Town Director ofParks and Public Works, whichevertime
is later, take such steps as are necessary to abate the hazardous vegetation (brush) violations, or such violations will be corrected and such nuisance abated by the Town ofLos Gatos
in contract with the County ofSanta Clara, in which case such cost of abatement will be assessed upon the lots and lands from which, or that are adjacent to the .sidewalks, streets,
streets, or alleys on which such abatement-has occurred, and will be collected upon the next tax roll upon which general municipal taxes are collected and will constitute a lien on the
affected properties until paid. All property owners having any objections to the proposed abatement of the hazardous vegetation (brush) violations are hereby notified to attend a meeting
of the Town Council ofthe Town of Los Gatos to be held in the Council Chambers ofthe Town, located at 110 East Main Street, Los Gatos, California, on MONDAY, JUNE 21, 2004, AT 7:00 P.
M., when and where their objections will be heard and given due consideration. A COMPLETE RECORD OF THIS PROCEEDING, INCLUDINGTHE RESOLUTION, IS ON FILE IN THE OFFICE OFTHE TOWN CLERK,
located at 110 E. Main Street, Los Gatos, CA. Further information regarding hazardous vegetation (brush and weed) abatement and hillside fire hazards and prevention is available from
the Santa Clara County Fire Department located at 14700 Winchester Boulevard, Los Gatos, CA, phone phone (408) 378-4010. Further infotmation regarding the location and effect of the
Hillside Hazardous Fire Area may be obtained from either the Santa Clara County Fire Marshal's Office at (408) 299-5760 or the Town Parks and Public Works Department at 110 E. Main Street,
Los Gatos, CA, phone (408) 399-5770. ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A
. , HAZARDOUS VEGETATION ABA'{.EMENT np;;EDS) Hazardous Vegetation Abatement (Brush) A, Adopt declaring hazardous (brush) apllblic nuisance
and providiIlg for their abatetpent. B. Set June 21, 2004, as a public hearing on this 'annualprograw:. -' Abatement ofHazardous Vegetation (Brush) . . Adopt resolution overruling objectiolls
and ordering hazardous abatement (brush). A. Open and hold the Public Hearing. B. Close the Public Hearing. C. Adopt Resolution overruling objections and ordering
hazardous vegetation abatement (brush); Abatement ofHazardous yegetation(Brush) A. Conduct public hearing to, consider the report ofthe Fire Marshal (available in
the TownClerk's office) on the abatement ofhazardpus vegetation (brush) for the 200372004 seasol1. B. Adopt resolution approving said report (available in the Town Clerk's office). TOWN
OF LOS GATOS TOWN COUNCILSCHEllULE FOR 2004 VEGETATION ABATEMENT HAZARDOUS VEGETATION ABATEMENT (BRUSH) June 21,2004 May 3, 2004 Allgust 2, 2004 August 2, 2004 Abatement
ofHazardous (Weeds) A. Conduct public hearing to consider the report of the County Fire Marshal (available in the Town Clerk's office) on the abatement of hazardous
vegetation (weeds) for the 2003-2004 season. B. Adopt resolution approving said report (available in the Town Clerk' Office). November 1, 2004 Abatement ofHazardous Vegetation (Weeds)
A. Adopt resolution declaring hazardousvegetation (weeds) a pllblic --', . ·,e· , . nuisance and providing. for their abatement. 00 B. Set December 6, 2004, as a public hearing date
on this apIlual program. December 6, 2004 Public Hearing -Hazardous Vegetation Abatement (Weeds) Adopt resolution ordering abatement ofhazardous vegetation (weeds). Attachment 2