06 Staff Report - Hazardous Vegetation Abatementow N of MEETING DATE: 5/1/06
ITEM NO.
COUNCIL AGENDA REPORT
SOS °~'AZ.O`'
DATE: APRIL 19, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: HAZARDOUS VEGETATION ABATEMENT
A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
B. SET JUNE 19, 2006 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 19, 2006 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.
Under the county program, property owners with hazardous vegetation (brush) problems are notified
and given an opportunity to abate the hazardous vegetation (brush). If the 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.
C".
PREPARED BY: OHN E. CURTIS
Director of Parks and Public Works
Reviewed by: Assistant Town Manager N Attorney Clerk Administrator
Finance Community Development _ Revised: 4/19/06 9:16 am
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\BRUSH.506.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH)A
PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
APRIL 19, 2006
A complete schedule of the program is as follows:
May 1, 2006 Town Council passes resolution declaring hazardous vegetation (brush) a nuisance
and sets a public hearing (June 19, 2006).
May 26, 2006 Clerk Administrator publishes notice of June 19, 2006 Public Hearing for Town
Council to hear protests to proposed charges. (Publish twice and post in three
places). (Publish May 31, 2006 and June 7, 2006).
June 19, 2006 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 20, 2006 Properties which have not been cleared of hazardous vegetation (brush) are abated
by a contractor for the County.
July 24, 2006 County returns account and assessment list of charges for work done by contractor.
NOTE: Town staff have expressed concern to the County that the schedule has little
tolerance for delays.
August 7, 2006 Town Council Public Hearing on any proposed hazardous vegetation (brush)
abatement charges; Council resolution confirming or modifying assessments.
August 8, 2006 Town Council returns list of charges to the County for filing with the County Tax
Collector as a special assessment.
CONCLUSION:
This is a standard procedure of the Town of Los 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.
Attachments:
Resolution declaring hazardous vegetation (brush) a public nuisance
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: RESOLUTION DECLARING HAZARDOUS VEGETATION.(BRUSH) A
PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
APRIL 19, 2006
Distribution:
Dirk Mattern, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester Boulevard,
Los Gatos, CA 95030
Greg Van Wassenhove, Director, County of Santa Clara, Department of Agriculture and Resource
Management, 1553 Berger Drive, Building #1, San Jose, CA 95112
Ed Galetti, Inspector, County of Santa Clara Office of the Agricultural Commissioner, Agriculture
and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112
Ray Moreno, Inspector, County of Santa Clara Office of the Agricultural. Commissioner, Agriculture
and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112
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 of the Government Code of the State of California
authorize the Town of Los 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 nuisance and to compel owners, lessees, or occupants of buildings, 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 mitigate 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 of Los Gatos has entered into an agreement with the County of Santa
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 Fire Department has mailed notices to 1,076 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 of the Town of Los 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 of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch
Broom and Toyon. Unabated growth of hazardous 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 Clerk Administrator is directed to mail notice of this 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 20, 2006, 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 thereof assessed 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 property tax roll upon which general municipal taxes are collected.
FURTHER RESOLVED, that on the 19th day of June, 2006, at a meeting of the Town
Council beginning at 7:00 P. M. in the Council Chambers of the Civic Center, 110 E. Main Street,
Los Gatos, CA, a public hearing will 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 of the Town Council of the Town of Los
Gatos, California, held on the 1 st day of May, 2006 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