11 Staff Report -Hazardous Vegetation Abatement (Weeds)
DATE: TO: FROM: COUNCIL AGENDA REPORT OCTOBER 29,2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 12/6/04 ITEMNO. /1 SUBJECT: HAZARDOUS VEGETATION
ABATEMENT (WEEDS) A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT AND SETTING A PUBLIC HEARING IN ORDER TO HEAR PROTESTS
B. SET JANUARY 3, 2005, AS A PUBLIC HEARING DATE ON THIS ANNUAL PROGRAM RECOMMENDATION: 1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and
providing for their abatement and setting a public hearing in order to hear protests. 2. Set January 3,2005, as a public hearing date on this annual program. BACKGROUND: As part of an
internal reorganization, and pursuant to authority granted in Section 14890 of the California Health and Safety Code, the administration of the County's Hazardous Vegetation Program
has been transferred from the County Fire Marshal's Office to the County Agricultural Commissioner. The County Agricultural Commissioner has the same authority to abate nuisances as
the County Fire Marshal. The Fire Marshal's Office, however, will continue to provide consultation and assistance to the program. DISCUSSION: Hazardous vegetation (weeds) pose a fire
threat during the summer months and property owners should control them. To eliminate hazardous vegetation (weeds), the Town historically has adopted a Hazardous Vegetation (Weed) Abatement
Program. PREPARED BY: ORNE. CURTIS irector ofParks and Public Works Reviewed by: Assistant Town Manager --M ttorney __Clerk.--IolI,1J<-=-Finance __Community Development Revised:
10/29/04 11:48 am Refonnatted: 5/30102 N:\B&E\COUNCIL REPORTS\WEEDS.12604.wpd
PAGE 2 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) OCTOBER 29, 2004 The time table is in keeping with generally accepted procedures throughout
Santa Clara County as recommended by the Department of Agriculture and Resource Management. . S , Under the countyprogram, property owners with hazardous vegetation (weed) problems are
notified and given an opportunity to abate the hazardous vegetation (weeds). Ifthe problem is not addressed, the county contractor takes care of the hazardous vegetation (weeds) and
the cost is added to the owner's property tax bill. A complete schedule ofthe program is as follows: December 6,2004 Town Council passes resolution declaring hazardous vegetation (weeds)
a nuisance and sets a public hearing (January 3,2005). December 7,2004 Department of Agriculture and Resource Management starts to inspect Los Gatos properties, prepares list ofproperties
needing abatement, sends notice to owners to abate the hazardous vegetation (weeds), and notifies owners regarding time and place of the Public Hearing. December 8,2004 Town Clerk posts
in three locations and publishes (twice) "Notice ofPublic Hearing to destroy Hazardous Vegetation (Weeds) and Notice ofPassage of Resolution-(Attachment 2) -(December 15, 2004 -December
22,2004). January 3,2005 Public Hearing -Town Council hears protests and passes resolution allowing or overruling objections and ordering abatement as appropriate and specifying the
method for abatement. April 1, 2005 Properties which have not been cleared of hazardous vegetation will be abated by a contractor for the Department of Agriculture and Resource Management.
June 29, 2005 Town Clerk publishes notice of August 1,2005, Public Hearing for Town Council to hear protests to proposed charges. Publish twice and post in three places. (publish July
6, 2005 and July 13, 2005). August 1,2005 Town Council public hearing on any proposed hazardous vegetation (weed) abatement charges; Council resolution confirming or modifying assessments.
August 2,2005 Town Clerkreturns list ofcharges to Department ofAgriculture and Resource Management for filing with County Auditor as special assessment.
PAGE 3 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) OCTOBER 29,2004 CONCLUSION: This is a standard procedure of the Town of Los Gatos. It has
been enacted to reduce fire danger. FISCAL IMPACT: Funds are provided in the FY 2004-05 Budget (Program 5050) to cover the cost ofpublishing the legal notice. (Estimate: $260.00). Attachments:
1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance. 2. Notice ofPublic Hearing to Destroy Weeds. Distribution: Greg Van Wassenhove, Agricultural Commissioner, County
of Santa Clara Department of Agriculture and Resource Management, Division of Hazardous Vegetation, 1553 Berger Drive, Building #1, San Jose, CA 95112 Debbie Craver, Program Coordinator,
County of Santa Clara Department of Agriculture and Resource Management, Division of Hazardous Vegetation, 1553 Berger Drive, Building #1, San Jose, CA 95112
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT WHEREAS, Section 39501 and
Section 39502 of the Government Code of the State of California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner, lessees or occupant ofbui1dings, grounds,
or lots to remove hazardous vegetation (weeds) from such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such hazardous vegetation (weeds) at his
expense, making the cost thereofa lien upon such property; and WHEREAS, the Town ofLos Gatos, by ordinance, has adopted such a procedure, codified in Chapter 11, Article 2, Sections
11.20.010 through 11.20.045 of the Los Gatos Town Code. RESOLVED, bythe Town Council ofthe Town ofLos Gatos, County ofSanta Clara, State of California, that the Town Council hereby finds
that hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon and adjacent to private property within the Town ofLos Gatos, and declares that all
hazardous vegetation (weeds) growing upon any private property or properties, and in any sidewalk street, or alley within the Town ofLos Gatos are a public nuisance and should be abated.
The Director ofParks and Public Works ("the Director") shall act as the Town Engineer for all purposes set forth in Chapter 11, Article 2, and shall give notice of the passage of this
resolution. FURTHERRESOLVED, that unless suchnuisance be abatedbythe destruction ofremoval ofsuch hazardous vegetation (weeds) within thirty (30) days after the adoption ofthis resolution,
or within the time specified in a written agreement with the Director, or his representative, whichever time shall be later, as provided in Chapter 11, Article 2, ofthe Los Gatos Town
Code, the Town of Los Gatos shall cause such nuisance to be abated; and the expense thereofassessed upon the lots and lands from which, or in the front and rear ofwhich, such hazardous
vegetation (weeds) shall have been destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to be collected upon the next tax roll upon which general
municipal taxes are collected. FURTHER RESOLVED, that the Director shall execute a "Notice to Destroy Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and
shall cause same to be published and posted in the manner prescribed by Section 11.20.020(c). Attachment 1
FURTHER RESOLVED, that on the 3rd day of January,2005, 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,
California, a public hearing will be held during which all property owners in the Town of Los Gatos having any objections to the proposed destruction or removal of such hazardous vegetation
(weeds) will be heard and givendue consideration. PASSED AND ADOPTED at a regular meeting ofthe Town Council of the 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: CLERK ADMINISTRATOR 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 Decelnber 6, 2004, pursuqnt 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 (2004-) declaring that all weeds growing upon any private property or in any street, sidewalk
or alley, as defined in Section 11.20.010 of such Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHERGIVEN 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 ofParks and Public Works ofthe
Town ofLos Gatos, or the Director ofParks and Public Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the
abutting halfofthe street in front, and alleys, ifany, 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 ofwhich, 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 ofsuch weeds are hereby notified to attend a meeting ofthe Town Council of such
Town to be held in the Council Chambers of said Town, at 110 East Main Street, MONDAY, JANUARY 3, 2005, 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 8,2004 and December 15,2004 Attachment 2