04 Staff Report - Hazardous Vegetation Abatement~prN N 6F
i s COUNCIL AGENDA REPORT
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MEETING DATE: 515108
ITEM NO: j p
DATE: APRIL 23, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: HAZARDOUS VEGETATION ABATEMENT
A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
B. SET JUNE 16, 2008 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
abatement.
2. Set June 16, 2008 as a public hearing to hear protests on this annual program.
BACKGROUND:
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.
DISCUSSION:
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.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
NAF,NGIN&FRTNG%COUNCTL REPORTMBRUSH.508.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance ommunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT
APRIL 23, 2008
A complete schedule of the program is as follows:
May 5, 2008 Town Council passes resolution declaring hazardous vegetation (brush) a
nuisance and sets a public hearing (June 16, 2008).
May 23, 2008 Clerk Administrator publishes notice of June 16, 2008 Public Hearing for
Town Council to hear protests to proposed charges. (Publish twice and post in
three places). (Publish May 28, 2008 and June 4, 2008).
June 16, 2008 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, 2008 Properties which have not been cleared of hazardous vegetation (brush) are
abated by a contractor for the County.
July 22, 2008 County returns account and assessment list of charges for work done by
contractor. NOTE: Town staff has expressed concern to the County that the
schedule has little tolerance for delays.
August 4, 2008 Town Council Public Hearing on any proposed hazardous vegetation (brush)
abatement charges; Council resolution confirming or modifying assessments.
August 5, 2008 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:
There is no fiscal impact at this time.
ENVIRONMENTAL ASSESSMENTS:
Not a project as defined under CEQA and no fiu-ther action is required.
Attachments:
Resolution declaring hazardous vegetation (brush) a public nuisance
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT
APRIL 23, 2008
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 41, 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
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 (blush) 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 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 1, 2008, 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 16th day of June, 2008, 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 5th day of May, 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