2002-097-Resolution Of The Town Council Of The Town Los Gatos Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public Nuisance.RESOLUTION 2002 - 97
.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 20, 2002, the Town Council of the Town of Los Gatos adopted
Resolution 2002-73, 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 17, 2002 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 of the Town of Los Gatos gave notice of the
passage of said Resolution No. 2002-73, by causing copies of the NOTICE OF PUBLIC
HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as annexed
to said Resolution No. 2002-73 to be published in the Los Gatos Weekly Times, a newspaper of
.general circulation published in the Town of Los Gatos on May 26, 2002, .and June 3, 2002,
respectively, and .causing said notice to be posted on May 22, 2002 in 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
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 attest:
RESOLVED, by the Town Council of the Town of Loa 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 in Exhibit A) destroyed or removed by cutting, dicing, chemical
spraying, or any other method which may hereafter be determined by the Town Council.
cler
FURTHER RESOLVED, that the Town Engineer of the Town of Los Gatos, or his
authorized agent or representative, and the Town Clerk, are directed to proceed with the matters
set forth in Section 11.20..010 through Section .11.20.045 ofthe Los Gatos Town Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 17th day of June, 2002, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker,. Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: .None
SIGNED:
MAYOR OFT TOWN OF L GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~~
CLERK O'F THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS _
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC IIEARING
TO ABATE HAZARDOUS VEGETATION (BRUSH)
THIS NOTICE IS BEING SENT TO YOV 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 BRUSH OR VEGETATION FIRE HAZARD REQUIR~IG ABATEMENT
--PROPERTIES WILL BE REINSPECTED BEFORE 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 20, 2002, pursuant to the provisions
of the California Government Code, the Town Council of the Town of Los Gatos adopted Resolution
2002-73 declaring that hazardous vegetation (brush) growing to such size :and such 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 30, 2002, or within the time specified in a written agreement with the Town
Director ofParks and Public Works, whichevertime is .later, take such steps as are necessary to abate
the hazardous vegetation (brush) violations, or such violations will 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 theproposed 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 be held in the Council Chambers of the Town, located at 110
East Main Street, Los Gatos, California, on MONDAY, JUNE 17, .2002, AT 7:OD P.M.; when and
where their objections 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
1470D Winchester Boulevard, Los Gatos, CA, phone (408) 378-4010. Further information regarding
the location and effect of the Hillside Hazardous Fire .Area .maybe obtained from either the Santa
Clara County Fire Marshal's Office at (408) 299-5760 or the Town Parrs .and Public Works
Department at 110 E, Main :Street, Los Gatos, CA, phone (408) 399-5770.
ATTEST:
CLERIC OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit N
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TOWN OF .LOS GATOS
TOWN COUNCIL SCHEDULE FOR 2002
HAZARDOUS VEGETATION ABATEMENT
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
May 20, 2002 Hazardous Vegetation Abatement (Brush)
A. Adopt resolution declaring.hazardous vegetation (brush) a public
nuisance and providing .for their abatement.
B. Set June 17, 2002, as a public hearing on this annual program.
June 17, 2002 Abatement of Hazardous Vegetation (Brush)
Adopt resolution overruling .objections and ordering hazardous vegetation
abatement (brush).
July 15, 2002 Abatement of Hazardous Vegetation (Brush)
A. Conduct ,public hearing to consider the report of the County Fire Marshal
(available in the Town Clerk's office) on the abatement of hazardous
vegetation (brush) for the 2001-2002 season.
B. Adopt resolution approving .said .report (available in the Town Clerk's
.office).
HAZARDOUS VEGETATION ABATEMENT (WEEDS)
July 15, .2002 Abatement of Hazardous Ve~;etation (Weeds)
A. Conduct public hearing to consider the report of the County Fire .Marshal
(available in the Town Clerk's office) on the abatement of hazardous
vegetation (weeds) for the 2001-2002 season.
B. Adopt resolution approving said report (available in the Town Clerk's
Office).
November 4, 2002 Abatement of Hazardous Vegetation (Weeds)
A. Adopt resolution declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement.
B. Set.December 2, 2002, as a public hearing date on this annual program.
December 2, 2002 Abatement of Hazardous Vegetation. (Weeds)
Adopt resolution ordering abatement of hazardous vegetation (weeds).
Attachment 2
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