19 Staff Report -Hazardous Vegetation Abatement (Weeds)~pW N 0
!ps • ~ A.~pS
DATE
COUNCIL AGENDA REPORT
JANUARY 17, 2006
MEETING DATE: 1/17/06
ITEM NO. G~
DESK ITEM
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGE
SUBJECT: 'PUBLIC HEARING -HAZARDOUS VEGETATION ABATEMENT (WEEDS,
ADOPT RESOLUTION ORDERING ABATEMENT OF HAZARDOUS
VEGETATION (WEEDS)
Attached is a letter from Robert Petrokas (14851 Las Flores Lane) objecting to the proposed Weed
Abatement Program and Schedule of Compliance. Staff will follow up with the County Department
of Agriculture and Environmental Management and the County Fire Department to discuss the issues.
raised by the resident, in general, and to request that they contact the resident regarding the timing
issue for his compliance, specifically. This does not affect staff's recommendation to adopt the
resolution ordering the abatement of hazardous weeds.
Attachments:
Letter from Robert F. Petrokas dated January 16, 2006, with attachments
Distribution:
Greg Van Wassenhove, Agricultural Commissioner, County of Santa Clara, Department of
Agriculture and Enviroiunental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112
Ray Moreno, Program Coordinator, Agricultural Commissioner, County of Santa Clara,
Department of Agriculture and Environmental Management, 1553 Berger Drive, Building 41,
San Jose, CA 95112
Robert F. Petrokas, 14851 Las Flores Lane, Los Gatos, CA 95032
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PREPARED BY: JOHN E. CURTIS
Director of Parks and Public Works
Reviewed by: p S Assistant Town Manager Town Attorney Clerk Administrator
Finance J Community Development Revised: 1/17/06 3:15 pm
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\WEED11706.public.hearing.desk.item.wpd
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JAN 117 2006
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1/16/2006
Town Council
Town of Los Gatos
110 East Main St.
Lost Gatos, CA 95030
Re: Notice of Objection to Los Gatos Weed Abatement Program and Schedule (January 17, 2006 Town
Council Meeting Agenda Item 419)
Dear Ladies and Gentlemen:
The purpose of this letter is to document my objections to your proposed weed abatement program and
schedule of compliance. Let me say that my impression of the documents you sent to properly owners
is that they were meant to intimidate and are not conducive to productively solving the problem.
I also own property in a town very similar to Los Gatos (Ashland, Oregon). Please compare the Weed
Abatement notice document from Ashland (Attachment 1) to that sent to Los Gatos residents. Note
that the Ashland document and the accompanying ordinance (Attachment 2) are informative and
flexible as to the timing of the job, recognizing that some local micro climates will require later
weeding than others. Also note that the Ashland program helpfully provides a list of acceptable weed
abatement contractors and does not threaten property owners with overpriced discing services. I use
one of the listed contractors. He chooses the best time for weeding my property (within the time
requirements), does the work, bills me, and everyone is satisfied. If my contractor thinks a second
service is needed (almost never), he notifies me. If my contractor has a compliance question, he
contacts the City of Ashland. I never have had a complaint from the City of Ashland.
The City of Ashland provides a period of compliance from May 15-June 15 for weed abatement, not
the single April 15 deadline you want to impose. This is a much more reasonable approach. My Los
Gatos home has an orchard that is at the bottom of a hill with sandstone formations, which weep water
late into the spring. The orchard is sometimes too marshy for walking on April 15, let alone discing, so
you would be imposing a requirement I could not meet in some years.
Ashland's "Spring" starts about two weeks later than ours, which would correspond to a compliance
date range of April 30-May 30 in Los Gatos. Both Los Gatos and Ashland are similar climactic zones.
Hillside regions of Los Gatos are the same climatic zone as Ashland (Ref: Sunset Gardening Book
climate zone maps). Mean annual precipitation levels are 22.64" in Los Gatos (Attachment 3) and
19.76" in Ashland (Attachment 4). Temperatures in both areas are also similar (Attachments 4 and 5).
Therefore, I would consider a program like the one used in Ashland completely feasible for Los Gatos.
In summary, I would like to suggest the following for the Los Gatos Weed abatement program:
1) A reasonable period of compliance, as opposed to a single deadline, should be provided,
recognizing that there are different micro climates and soil conditions within the town
boundaries. I suggest April 30-May 30.
2) The town should develop an informative and non threatening weed abatement notice. This
notice should provide a list of acceptable weed abatement contractors to help facilitate
compliance. Perhaps the list of contractors used by the Town of Los Gatos would be a good
first step.
3) Contact the Department of Community Development (541-552-2046) of the City of Ashland for
other suggestions for an effective and citizen friendly Weed Abatement Program.
4) Use threats as only a last resort. Believe it or not, most of the citizens of this town are willing to
do what is necessary to keep it neat and safe.
My wife and I have been good citizens of this town for 27 years. We try to keep up our property and
have never had a complaint from the Town about weed abatement. Please give us a reasonable weed
abatement program to work with.
Sincerely,
Robert F. Petrokas
14851 Las Flores Lane
Los Gatos, CA 95032
(408)356-6795
ate. ~ f n~~?
THE CITY OF ASHLAND '°oF'ASy
REQUESTS
YOUR ASSISTANCE
pRFGpr1,,•
Despite recent weather conditions, the dry summer season is quickly approaching.
Conditions have been ripe for the growth of vegetation. As things dry out, the result will be
high grasses and weeds that are a potential fire safety problem.
As most property owner are aware, the City of Ashland has an ordinance in place that
addresses the potenial safety hazard created by weeds. The weed abatement ordinance
(AMC 9.04) requires that tall grasses and weeds be cut and removed from all properties
within the city limits by June 15 and again during the remainder of the summer if and when
future growth occurrs. (Ornamental grasses and landscaped areas excluded)
Also, please be aware that the parkrows and other right of way areas abutting your property
require some maintnenence as well. Your attention to these items will make a substantial
improvement to the overall fire safety in our community, as well as enhancing the
appearance of the the neighborhood in which your property is located. -
If you have already taken care of the vegetation on your property, please disregard this
notice and acepet our appreciation. If you are no longer the responsible party for the
property listed on the mailing label or if the property has been developed, please notify us
so that we can remove your name and property from the notification list.
Any -questiuns; comments or corrections concerning this notification can be directed to - -
Adam Hanks, Code Compliance with the Department of Community Development, at 552-
2046. Outside of normal busienss hours, this number will be available for messages. All
voice mail messages requesting a callback will be returned within the next business day;
otherwise, please leave a detailed message including the property location, owner name and
comment
FIRE SEASON
IS
NEAR
The upcoming fire season,
which is declared by the
Oregon State Department of
Forestry, will quickly be
upon us.
The ban on open burning in
Ashland coincides with the
declariation of fire season.
Residents with yard debris
can dispose of it at Bio-
Mass, chip orshred the
material or store for the fall
open burn season, which
begins at the end of the
summer fire season (usually
around the 1st of October).
For complete regulations on
burning and fire season
restrictions, please contact
Ashland Fire & Rescue at
482-2770.
e
4 WEED ABATEMENT NOTICE
The following list is provided for your reference. The
list does not represent all weed abatement and landscape
maintenance contractors available for your use, nor is it
a recommendation of the City of Ashland. For
additional references, consult the yellow pages.
The Brushbuster
248 N Second St
Ashland, OR 97520
DLT Maintenance
2914 Neville Ln
Medford, OR 97501
H & R Contracting
323 Ash St
Central Point, OR 97502
Pete Seda, Certified Arborist
1257 Siskiyou By #224
Ashland, OR 97520
The Grass Skirt
Kathie Svaren
Thomas Tractor Service
1750 Easy St
Medford, OR 97504
Jim Ward
51 S Stage Rd
Medford, OR 97501
552-1083
858-4320
779-9777
773-6067
664-9208
482-8371
776-6796
482-3548
776-8457
535-1477
WEED ABATEMENT
COMPLIANCE PROCEDURE
May 15th
Initial notification letter sent out to all affected
property owners from previous years database.
June 15th
Due date for completion of initial weed abatement
requirement per Ashland Municipal Code 9.04.
June 16th to June 20th
Site inspections conducted, second notices mailed to
property owners who have not yet complied.
July 1st
Properties not yet in compliance will be posted with
a notice signed by the Fire Marshal and the City
Recorder indicating that a lien, in the amount of the
contracted cost for removal, will be placed against
the property if the weeds haven't been abated by the
posted deadline. .
Although the Municipal Code has provisions for
ultimately obtaining compliance, the process works
most efficiently when property owners respond in a
timely manner, which has occurred with only a few
exceptions.
Cl y Ol lysliiauU, V1eVOn - 14h nillpal COUV Page 1 v1 i
Municipal Code
Welcome to the City of Ashland Municipal Code Online. You may select from the list of Titles, Chapters, and
Sections listed on the left. Simply click on a Title to reveal it's Chapters. Next, click on a Chapter to view the
Sections listed beneath it. Click a Section title to view the text of that Section.
You may also search for selected code Sections by using the Search engine, located on the far left side of this
page. Search for the text of any code Section by entering a key word in the "Search Code by Keyword" field,
and then click the "FIND" button.
1 General Provisions
2Administration
3 Conditions of Employment
B 4 Revenue and Finance
@ 6 Business Licenses and Regulations
9 Health and Sanitation
9.04 Weed Abatement
9.04.010 Weeds Declared Nuisance
9.04.020 Removal - Responsibility
9.04.030 Violation - Penalty
19.04.040 Notice to Abate - Contents
! 9.04.050 Notice to Abate-Service-Removal by City-Lien
8 9.08 Nuisances
9.12 Nuisance--Junk
6 9.16 Nuisance--boas
S 9.18 Chronic Nuisance Property
9.20 Nuisance--Polystyrene Foam
9.22 Opportunity to Recycle
9.24 Woodstove Curtailment and Opacity Limitations
ED 9.28 Pesticide Policy
10 Public Peace, Morals, and Safety
11 Vehicles and Traffic
13 Streets and Sidewalks
14 Public Utilities
15 Buildings and Construction
Q 16 Telecommunications
+ 18 Land Use
http://www.ashland.or,us/Code.asp?CodeID=2385&Print=True 1/16/2006
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Page 11 of 2
9.04 Weed Abatement
9.04.010 Weeds Declared Nuisance
The growth of grass, weeds, shrubbery, and vegetation upon vacant and other lots and parcels
of land, and the streets and alleys abutting thereon, in the City, during the summer season
constitutes a fire menace, and greatly increases the fire hazard in the City, and is declared to be
a nuisance.
(Ord. 1141 S1, 1951)
9.04.020 Removal - Responsibility
The owner, agent of owner and/or occupant of any lot or parcel of land within the limits of the
City of Ashland shall cut and remove the weeds, grass, bushes and shrubbery, except
ornamental bushes and shrubbery, growing thereon, or on adjacent and abutting streets,
avenues, and alleys, between May 15th and June 15th of each year and shall, where the same
grows a second growth, cut the same a second time during the summer and in case of failure to
do so, said person or persons shall be subject to fine and/or imprisonment and the City may
cause such vegetation to be cut and removed and the expense incurred on account thereof shall
be chargeable as a lien upon said lot or parcel as aforesaid.
(Ord. 1141 S2, 1951)
9.04.030 Violation - Penalty
Any owner, agent of the owner, or occupant of any premises violating any of the provisions of
this chapter is punishable as prescribed in Section 1.08.020.
(Ord. 1810 (part), 1974; Ord. 1141 S3, 1951; Ord. 1956, 1978)
9.04.040 Notice to Abate - Contents
In case of failure or neglect of any such agent, owner or occupant to cut weeds and grass and
shrubbery as herein provided, the City Recorder shall cause to be served on such agent, owner,
and/or occupant a notice, describing the property with convenient certainty by its legal
description or by the street number of the house, requiring such owner or agent and/or
occupant to cut said weeds, grass, and shrubbery within ten (10) days from the service thereof,
or that the City will require the same to be done, and the cost thereof charged as a lien against
said property.
(Ord. 1141 S4, 1951).
9.04.050 Notice to Abate-Service-Removal by City-Lien
Such notice shall be served upon such owner, agent, and/or occupant in person if found upon
said premises or within the City, and in case said owner, agent, and/or occupant cannot be
found in person within the City after reasonable diligence and inquiry, such notice shall be
posted in a conspicuous place upon said premises, and a copy thereof mailed to the last known
post office address of such owner, agent, or occupant, if any such address is known, and return
of service shall be filed with the Recorder; and if at the end of ten (10) days from the giving of
such notice, such owner, agent, and/or occupant, has failed and neglected to cut and remove
such vegetation, the Fire Chief shall cause the same to be done and shall file with the Council a
verified itemized statement of the expenditure occasioned thereby, and the Recorder shall
cause notice to be served upon the owner, agent, or occupant in the manner hereinbefore
described, such statement will be considered and determined by the Council and a lien declared
http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeID=2385 1/16/2006
City of As"niand, Oregon - P~iuriicipal Code
Page 2 of 2
A_++.ckvv,P_~ -2- -3
upon the property involved, the time of which meeting shall be specified in the notice, more
than ten (10) days from the giving of the same, and the Council shall at such meeting hear any
objections to such statement, and by ordinance determine the correctness of the same, and
declare such corrected amount a lien upon the property benefitted and instruct the Recorder to
enter the same upon the City docket of liens in the same manner and with the same effect that
street improvement liens and sewer liens are entered, and said lien shall have the same force
and effect as such street improvement and sewer liens, and shall be certified to the county
assessor in the same manner.
(Ord. 1141 S5, 1951).
http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeID=2385 1/16/2006
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Oregon.com '`JVeather - Soo- ffhern. Oregon `YV eeffier ii1JLVI,
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the Rexperience starts here...
Home > Oregon Weather > Southern Oregon Weather Trends
Seasonal Expectations:
What's it going to be like in Southern
Oregon Weather Rules of
Thumb
Oregon?
George H. Taylor, the state climatologist with
the Oregon Climate Service, provides detailed
statistical information concerning Oregon
Planning a trip to Oregon? Here's some information to help you
weather patterns. Here are a few facts on
anticipate the kinds of weather conditions you may experience.
which to gauge what kind of whether you may
face.
First, let's clear up the "rainy Oregon" perception. Yes, it rains a lot in
Oregon if you're visiting during the months of November,
• July is consistently the driest month
December, January, February or March.
throughout Oregon,
If you plan your trip in July, August or September, you can expect
wonderful and dry days.
It's impossible, of course, to predict what the weather will be like a
few months from now. Looking back at past weather data, however,
helps create some clear pictures.
The following charts show the average daily high and low
temperatures each month for selected locations throughout the state.
The charts also list the average monthly rainfall (and snowfall where
appropriate). These averages where established by the Oregon
Climate Service for the years 1971-2000.
• Western Oregon receives the bulk of its
annual precipitation during winter. In fact,
there's measurable precipitation more than half
the winter days. In summer, only 10 to 15% of
the days are wet.
• Although there is some variation from north
to south, the wettest months tend to be the
November-March period.
• Although rain can occur during the warm
season, average totals during those months
are generally lower than during winter.
• East of the Cascade Mountains, the monthly
rainfall averages are much more uniform.
Some locations receive more rain in summer
than in winter.
• Precipitation is highest near the coast and in
higher elevations, and increasingly lower as
you move eastward.
Southern Oregon Temperature and Precipitation Averages
-1971-2000
Oregon Climate Service
Temperatures are daily averages; precipitation and snowfall are monthly average inches
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
Ashland
High Temp
47.5
53.0
56.8
62.5
70.1
78.3
86.7
86.1
79.5
67.6
52.4
46.3
Low Temp
29.1
31.0
32.8
35.2
40.4
45.6
49.6
48.8
42.8
36.4
31.8
28.6
Precip
2.49
1.92
2.09
1.68
1.55
.92
.51
.61
.88
1.46
2.85
2.80
Crater Lake
High Temp
34.4
34.7
37.0
41.8
49.0
57.6
67.5
68.7
62.3
52.5
38.0
34.6
Low Temp
17.7
18.4
19.0
22.0
27.5
33.2
39.7
40.3
35.9
30.1
22.0
18.3
Precip
9.81
8.47
7.79
5.34
3.50
2.03
.95
1.07
2.21
4.49
10.53
10.50
Snow
83.45
82.30
74.91
45.16
18.87
4.34
.30
.22
3.99
18.96
71.10
79.84
Grants Pass
High Temp 47.4 54.1 59.8 65.6 73.1 80.8 88.8 89.0 82.7 70.4 53.3 45.7
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http://www.oregon.com/weather/history_southem.cfrn 1/16/2006
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