2000-058 -Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public Nuisancel
RESOLUTION 2000 - 58
RESOLUTION OF THE TOWN-COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT. OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, on May 22, 2000, the Town Council of the Town of Los Gatos adopted
Resolution 2000-50, entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A .PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT", directing the
giving of notice that hazardous vegetation (brush) 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 June 5, 2000 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 (brush) .might be heard and given due
consideration; and .
WHEREAS, that the Town Engineer ofthe Town of Los Gatos gave notice of the
passage of said .Resolution No. 2000-50 by causing copies of the NOTICE OF PUBLIC
HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as annexed
to said Resolution No. 2000-50 to be published in the Los Gatos Weekly Times, a newspaper of
general circulation published in the Town of Los Gatos on May 24, 2000, and May 31, 2000,
respectively, and causing. said notice to be posted on May 10,.2000in two (2) prominent places
in the Town of Los Gatos; and
WHEREAS, the'Town has ;given Notice (Exhibit A) to all property owners found in non-
compliance; and
WIIEREAS, 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 attest:
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 (brush) are hereby overruled, and the Town Engineer, or his representative,
is hereby ordered to abate such nuisance, or cause the same to be abated, by having the hazardous
vegetation (brush) (referred to ~n Exhibit A) destroyed or removed by cutting, dicing, chemical
spraying, or any other method which may .hereafter be determined by the Town Council.
FURTHER RESOLVED, that the Town Engineer of the Town of Los Gatos, or his
authorized agent or .representative, and the Town Clerlc, are directed to proceed with the matters
set forth in Section 11.20.010 through Section 11.20.:045 of the Los Gatos Town Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 5th day of June, 2000; by the .following vote:
COUNCIL MEMBERS.:
.AYES: Randy Attaway, Jan Hutchins, Linda Lubeck,. Joe Pirzynski,
Mayor Steven Blanton..
NAYS: None
ABSENT: .None
ABSTAIN: None
SIGNED:
LOSGATOS
ATTEST:
--~
CLERK 4F THE TOWN OF OS GATOS
LOS GATOS, CALIIORNIA
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING
TO ABATE .HAZARDOUS VEGETATION (BRUSH)
THISNOTICE IS BEING SENT TO YOU BECAUSE YOU OWN PROPERTY IN THE TOWN'S
HILLSIDE HAZARDOUS FIRE AREA AND A .PRELIMINARY INSPECTION BY THE
SANTA CLARA COUNTY FIRE DEPARTMENT INDICATES THAT YOUR PROPERTY MAY
CONTAIN A BRUSH OR VEGETATION FIRE HAZARD REQUIRING .ABATEMENT
--PROPERTIES WILL BE REINSPECTED BEFORB WORK IS ORDERED --
HOWEVER, IF YOU HAVE DONE THE WORK, PLEASE CONTACT CENTRAL FIRE
DISTRICT AT THE NUMBER LISTED BELOW
NOTICE IS HEREBY GIVEN that on May 22, .2000, pursuant to the. provisions
of the California Government Code, the Town Council of the Town of Los Gatos adopted Resolution
2000- declaring that .hazardous vegetation (brush) ..growing to such size and ouch type on any
private property or in any street, sidewalk, or alley adjacent to such property in the Hillside
Hazardous Fire Area of the Town constitutes a public nuisance, and that this. nuisance must be abated
by removal or trimming as specified by the Santa Clara County Fire Department. Hazardous
vegetation (brush) is defined as a woody perennial plant usually with .multiple stems- and trunks
under ten feet in height. Hazardous vegetation (brush) is also .known to have a high oil, .high resin,
or low moisture content in the leaves and branches. You should have already .received a letter from
the Santa Clara County Fire Department generally describing .required abatement actions.
NOTICE IS FURTHER GIVEN that property owners within the Hillside
Hazardous Fire Area shall, by June 5, 2000 or within the time specified in a written agreement with
the Town Director of Parlcs and Public Worlcs, whichever time is later, take such steps as are
necessary to abate. the hazardous vegetation (brush) violations, or such violations wil!1 be corrected
and such nuisance abated by the Town of Los Gatos in contract with the County of Santa Clara, in
which case such cost of abatement will be assessed upon the lots and lands from which, or that are
adjacent to the sidewalks, streets, or :alleys on which such abatement has occurred, .and will be
collected upon the next tax roll upon which general municipal taxes are collected and will constitute
a lien on the affected properties until paid. All property owners having .any objections to the
proposed abatement of the hazardous vegetation (brush) violations are hereby notified to attend a
meeting of the Town Council of the Town of Los Gatos to beheld in the Council Chambers of the
Town, located at 110 East. Main Street, Los Gatos, California, on MONDAY,, JUNE 5, 2000, AT
7:30 P.M., when .and where their obj ections will be heard and given due consideration.
A COMPLETE RECORD OF THIS PROCEEDING, INCLUDING'THE RESOLUTION, IS
ON FILE IN THE OFFICE OF THE TOWN CLERK, located. at 110 E. Main Street, Los Gatos,
CA. Further information regarding hazardous vegetation (brush and weed) abatement and hillside
fire hazards and prevention is available from the Santa Clara County Fire Department located at
14700 Winchester Boulevard, Los Gatos, CA, phone (408) 378-4010. Further information regarding
the location and effect of the Hillside Hazardous Fire Area may be obtained from either the Santa
Clara County Fire Department or the Town Parlcs .and Public Worlcs Department. at 110 E. Main
Street, Los Gatos, CA, phone (4:08) 354-6864.
ATTEST:
CLERK OF THE TOWN OF LOS GATOS f X'h l b 1 t A
LOS GATOS, CALIFORNIA