14 Staff Report - Hazardous Vegetation AbatementcowN 0 MEETING DATE: 1/22/08
ITEM NO.
~osca~os COUNCIL AGENDA REPORT
DATE: JANUARY 2, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PUBLIC HEARING - HAZARDOUS VEGETATION ABATEMENT (WEEDS)
ADOPT RESOLUTION ORDERING ABATEMENT OF HAZARDOUS
VEGETATION (WEEDS)
RECOMMENDATION:
1. Open and hold the public hearing.
2. Close the public hearing.
3. Adopt resolution ordering abatement of hazardous vegetation (weeds).
BACKGROUND:
The Council annually adopts a Hazardous Vegetation (Weed) Abatement Resolution in
coordination with the County Agricultural Commissioner's Office. This program is regulated by
the Health and Safety Code and has been in place for over 25 years. The purpose of this program
is locating annual herbaceous vegetation, noxious weeds, and combustible debris for removal.
The County Agricultural Commissioner's Office will conduct annual site reviews prior to the fire
season and will maintain a listing of properties where removal has been identified.
On November 19, 2007, the Town Council passed a resolution declaring hazardous vegetation
(weeds) a public nuisance and set January 22, 2008 as the date for public hearing. The required
posting and publishing has been done. The property owners have also received a notice and
guidelines from the County Agricultural Commissioner's Office dated December 5, 2007 to
remove the hazardous vegetation from their property.
a .
PREPARED BY: KEVIN ROHANI~
Interim Director of Parks and Public Works
NAENGINEERING\COUNCIL REPORTS4eeds.public.hearing.1-22-08.doc
Reviewed by: Assistant Town Manager _~LTown Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PUBLIC HEARING - HAZARDOUS VEGETATION ABATEMENT (WEEDS)
JANUARY 2, 2008
DISCUSSION:
In addition to the Hazardous Vegetation Abatement Program, the County Fire Department
created a Brush Abatement Program in 1995, after the Oakland Hills fire. In this program,
properties are inspected in April and property owners receive abatement notices from this
program also. This is a separate program from the County Agricultural Commissioner's Office.
The focus of this program is the identification of perennial vegetation, brush, trees, and shrubs in
designated high fire hazard areas. The report for the Brush Abatement program will be brought
to the Council in May 2008.
The Hazardous Weed and Brush Abatement are two programs that are operated by the County to
identify hazardous vegetation locations and to notify property owners about the possibility of fire
hazards. The two County departments are effectively working together to coordinate these
programs. The time table for the Brush Abatement Program is consistent with the generally
accepted procedures throughout Santa Clara County as recommended by the County Agricultural
Commissioner's Office.
CONCLUSION:
The Town annually declares hazardous vegetation (weeds) a nuisance due to fire danger and
enters into a contract (along with other municipalities) with the County to abate the hazardous
vegetation (weeds) not removed by property owners.
FISCAL IMPACT:
There is no fiscal impact.
Attachments:
1. Resolution overruling objections and ordering abatement (with Exhibit A - Notice of Public
Hearing)
2. Letter to Property Owners (with attachments) prepared by the Office of the County
Agricultural Commissioner
Distribution:
Greg Van Wassenhove, Agricultural Commissioner, County of Santa Clara, Department of
Agriculture and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA
95112
Moe Kumre, Program Coordinator, Agricultural Commissioner, County of Santa Clara,
Department of 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
OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS)
AS A PUBLIC NUISANCE
WHEREAS, on November 19, 2007, the Town Council of the Town of Los Gatos
adopted Resolution 2007-122 entitled, "A RESOLUTION DECLARING HAZARDOUS
VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR
ABATEMENT," directing the giving of notice that hazardous vegetation (weeds) 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 January 22, 2008 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 (weeds) might be
heard and given due consideration; and
WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave
notice of the passage of said Resolution No. 2007-122 by causing copies of the NOTICE TO
DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No. 2007-122
to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in
the Town of Los Gatos on December 12, 2007 and December 19, 2007 respectively, and causing
said notice to be posted on December 5, 2007, in three (3) prominent places in the Town of Los
Gatos; 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
objections to the proposed destruction or removal of such hazardous vegetation (weeds) were
heard.
ATTACHMENT I
NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the
Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that all
objections, if any, to the proposed destruction or removal of such hazardous vegetation (weeds)
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 (weeds) referred to destroyed or removed by cutting, dicing, chemical spraying, or
any other method which may hereafter be determined by the Town Council.
FINALLY RESOLVED, that the Director of Parks and Public Works of the Town of
Los Gatos, or his authorized agent or representative, and the Clerk Administrator are directed to
proceed with the matters set forth in Section 11.20.020 through Section 11.20.045 of the Los
Gatos Town Code.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 22nd
day of January, 2008 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 CLERK ADMINISTRATOR
NOTICE OF PUBLIC HEARING
TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on November 19, 2007, pursuant 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 (2007-122) declaring that all
weeds growing upon any private property or in any street, sidewalk or alley, as
defined in Section 11.20.020 of such Code, constitute a public nuisance, which
nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN 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 of Parks and Public Works of the Town of
Los Gatos, or the Director of Parks and Public Works' representative, whichever
time shall be later, remove all such weeds from their property, the abutting
sidewalks, and the abutting half of the street in front, and alleys, if any, 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 of which, 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 of such weeds are hereby notified to attend a
meeting of the Town Council of such Town to be held in the Council Chambers
of said Town, at 110 East Main Street, TUESDAY, JANUARY 22, 2008, 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 CLERK ADMINISTRATOR
/s/ Jackie Rose
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
PUB: December 12, 2007 and December 19, 2007
Exhibit A
County of Santa Clara
Department of Agriculture and Environmental Management
Weed Abatement Division
1553 Berger Drive
Building 1
San Jose, CA 95112
(408) 282-3145
Fah (408) 286-2460
December 5th. 2007
IMPORTANT NOTICE TO ABATE WEEDS
Dear Property Owner,
Your jurisdiction, contracts with the County of Santa Clara to operate a Weed Abatement
Program to protect your property and the area surrounding it from possible fire. The County is
providing this information and notice packet to you as part of the Program. We encourage you
to read the information carefully, and do not hesitate to call us for clarification or other
information.
Your jurisdiction has or will adopt a resolution declaring your property as one that may contain
potential fire hazards from weeds or other debris. In addition, your jurisdiction will be
conducting a public hearing to consider an abatement order to require you to remove any
hazardous vegetation or combustible debris. The public hearing will be held on the date and at
the place stated in the attached notice to destroy weeds. The public hearing provides an
opportunity for you to raise any objections to the requirement that you remove fire-hazardous
vegetation/debris from your property prior to the deadline provided in the attached abatement
schedule.
If the Weed Abatement Program is approved for your property during the public hearing, the
County will be authorized by its contract with the cities, and by state law, to perform an
inspection of your property to determine whether or not the property has been cleared of
hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will
begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your
responsibility to complete the necessary work prior to the deadline for your jurisdiction. After the
inspection, the County will order necessary abatement work, and have that work completed by a
County contractor. The County will choose the least costly method of abatement considering
the physical characteristics of your property and environmental concerns. Added to the cost of
abatement is a County administrative fee. These fees are detailed in the attached price list. The
total amount will be included as a special assessment on your property tax bill following
confirmation of the charges by your jurisdiction. Notice of the date of that meeting will be posted
at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days
prior to the meeting.
You can avoid all costs by completing the abatement work yourself according to
Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline
for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration
of fire season, which typically runs through October.
In preparation for this program, please take the time to complete and return the enclosed Reply
Form so that we understand your intentions regarding maintenance of your property. Unless
you contact this office to indicate otherwise, you will have consented to the entry of authorized
personnel on your property for inspection purposes and for any necessary abatement, and, in
Board or Supervisors: Donald F. Gage, Blanca Ah arado, Pete McHugh, Ken Yeager., Liz Kniss Attachment 2
Count. Executive: Peter Kulras. Jr.
the case of locked properties, you are consenting to county contractors accessing your property
using whatever reasonable means are necessary.
If you designate in your reply that you intend to abate the weeds yourself, you are
expected to complete the abatement before the deadline listed on the abatement
schedule and maintain fire safe conditions for the duration of fire season. Responding
that you intend to provide maintenance yourself does not release you from this
responsibility to have the maintenance completed before your deadline and repeated as
necessary to maintain Minimum Fire Safe Standards. County contractors will proceed to
abate hazardous vegetation as necessary after the deadline for your jurisdiction.
Enclosed you will find the following information:
✓ A Reply Form specific to your property. Please complete and return promptly.
✓ A Notice to Destroy Weeds informing you of an upcoming public meeting that you
must attend if you have any objections to the proposed removal of hazardous
vegetation or debris from your property.
✓ A Weed Abatement Program Schedule for your city and a current County price
list.
✓ A Brochure about the Santa Clara County Weed Abatement Program.
Please be aware that any abatement performed by the County contractor must be in compliance
with all applicable environmental protection regulations. If your property falls within an area
designated as possible habitat for burrowing owls or any other protected species of bird or
animal, the methods of vegetation clearing may be regulated by specific laws or local
ordinances.
If you are no longer the owner of the property identified by this mailing, please notify the County
immediately. If you sell your property after the date of this letter, it is your responsibility to notify
the new owner and to include the obligation to pay any abatement costs in your agreement of
sale. Without taking this action, you will be liable for all hazard abatement charges assessed to
the property.
Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective
to ensure that all properties are safe from fire at all times during the year. If you have any
questions about your property or need on-site advice to help you achieve compliance with the
Minimum Fire Standards, please call the Santa Clara County Weed Abatement Program at
(408) 282-3145.
Sincerely,
Greg an Wassenhove
Agricultural Commissioner
County of Santa Clara
TRA 03
LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 22nd, 2008 Public hearing to consider objection to Abatement List.
April 15th, 2008 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date
or Inspector will order abatement.
July-August, 2008 Assessment Hearing to protest abatement charges
(Date subject to change, please confirm with City Clerk)
2008 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST
Prices INCLUDE a 150% County Administrative Fee
A) Disc Work**
PARCEL SIZE:
1St Disc +
2nd Disc
= Total Discs
0-12,500 sq.ft.
$769.50
$76.95
$846.45
12,501sq.ft.- 43,560sq.ft.
$769.50
$102.60
$872.10
Larger than 1 Acre
$513.00
$102.60
$615.60 (PER ACRE)
It is required that parcels be disced twice a year. The cost for the first discing is higher due to
additional work normally required during the first discing.
B) HANDWORK $109.03 PER PERSON PER HOUR
C) FLAIL 6 Foot Mower $184.68 PER HOUR
MOWING 12 Foot Mower $369.35 PER HOUR
D) LOADER WORK $320.63 PER HOUR
E) DUMP TRUCK $320.63 PER HOUR
F) BRUSH WORK $109.03 PER HOUR
G) BOOM MOWING $423.23 PER HOUR
G) DUMP FEE 100%
Added to orders with debris
removal at 100% of the dump
site charge.
*Please note-this program does not offer herbicide application as a method of abatement
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