2002-073- Declaring Hazardous Vegetation (Brush) A Public Nuisance And Providing For AbatementRESOLUTION 2002 - 73
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (BRUSH)
A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
WHEREAS, Sections 395b0 .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
maybe 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 County of .Santa Clara-has mailed notice to 1,437 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 Charnise, 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 Town Clerlc 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 17, 2002, or within the time specified in a written agreement with the
Superintendent or the Superintendent's representative, the Town of Lose 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 17th day of June, 2002, 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 20th day of May, 2002 by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, .Joe Przynsl~i,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED.:
.MAYOR O HB TO ' F LOS GATOS
LOS GATOS, CALIFO IA
ATTEST:
CLERK C)F THl'E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA