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2010051708 - Hazardous Vegetation Abatement Brush - Protest HearingtoWN of MEETING DATE: 05/17/10 ITEM NO: i ~ ~~ ~ s COUNCIL AGENDA REPORT ~g GASH DATE: APRIL 28, 2010 TO: MAYOR AND TOWN COUNCIL ~/~" FROM: GREG CARSON, TOWN MANAGER i~G~" SUBJECT: HAZARDOUS VEGETATION ABATEMENT A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT B. SET JUNE 21, 2010 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL PROGRAM. RECOMMENDATION: 1. Adopt resolution declaring hazardous vegetation (bnish) a public nuisance and providing for abatement. 2. Set June 21, 2010 as a public hearing to hear protests on this anmtal program. BACKGROUND: Hazardous vegetation (brush) pose a fire threat during the summer months and property owners should conhol them. To eliminate hazardous vegetation (brush), the Town has historically adopted a Hazudous Vegetation (Brush) Abatement Program. The time table listed below is in keeping with generally accepted procedures throughout Santa Clara County. DISCUSSION: Under the Santa Clara County progrun, 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 within the prescribed amount of time, the county's conhactor takes care of the hazardous vegetation (brash) and the cost is added to the owner's property tax bill. This is a standard procedure of the Town of Los Gatos, and has been enacted to reduce fire danger. PREPARED BY: TODD CAPURSO Director of Parks and Public Works _.-__. _,__m.W _a__e.~.._, , z......__ ..n_.~~.~. .. ...__., ,~~~..._ . ,..__.u_ __.c_._. _.,._~ Reviewed by: Assistant Town Manager wn Attorney Clerh Administrator Finance -Community Development N:\PPW\MANAGEMF.NT\COUNCIL\COUNCIL REPORTS\2010 ReportsWlay 17\Hazard.Veg.BRUSLLAbatement.051710.doc PAGE2 APRIL 28, 2010 MAYOR AND TOWN COUNCIL SUBJECT: HAZARDOUS VEGETATION ABATEMENT DISCUSSION (cont'd): A complete schedule of the program is as follows: May 17, 2010 Town Council passes resolution declaring hazardous vegetation (brush) a nuisance and sets a public hearing (June 21, 2010). May 21, 2010 Clerk Administrator publishes notice of June 21, 2010 Public Hearing for Town Council to hear protests to proposed charges. (Publish twice and post in three places). (Publish May 21, 2010 and June 2, 2010). June 21, 2010 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 18, 2010 Properties which have not been cleared of hazudous vegetation (brush) are abated by a conh~actor for the County. July 21, 2010 County returns account and assessment list of charges for work done by conhactor. NOTE: Town staff has expressed concern to the County that the schedule has little tolerance for delays. August 2; 2010 Town Council Public Hearing on any proposed hazardous vegetation (brush) abatement charges; Comicil resolution confurning or modifying assessments. August 3, 2010 Town Council returns list of charges to the County for filing with the County Tax Collector as a special assessment. CONCLUSION: Staff recommends the Town Council adopC a resolution declaring hazardous vegetation (brush) a public nuisance, provide for abatement, and set June 21, 2010 as a public hearing to hear protests on this annual program. 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. PAGE 3 APRIL 28, 2010 MAYOR AND TOWN COUNCIL SUBJECT: HAZARDOUS VEGETATION ABATEMENT Attachments: Resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement and setting June 21, 2010 as a public hearing to hear protests on this annual program. Dishibution: 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 #1, San lose, CA 95112 Moe Kumre, Program Coordinator, Agricultural Commissioner, Cormty of Santa Clara, Department of Agriculture and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112 Attachment 1 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 Govermnent 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 owtrer'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 Wild Land Urban hrterface Areas identified and shown on the "I-Iazardous Fire Area" map constihrtes a public nuisance and should be abated immediately; and WHEREAS, the Fire Department has mailed notices to property owners in the Hillside Hazardous Fue Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, peremiial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. IIazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. l;xamples 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 Iillside Hazardous Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be 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. BE IT FURTHER RESOLVEll, 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. BE IT FURTHER RESOLVED, that unless the hazardous vegetation (brush) violations are corrected by June 18, 2010, 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 occw, 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 wluch general municipal taxes are collected. BE IT FURTHER RESOLVED, that on the 21s` day of June, 2010, at a meeting of the Town Council beginning at 7:00 p.m. in the Cotmcil 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 17`x' day of May, 2010 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