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FROM:
COUNCIL AGENDA REPORT
NOVEMBER 7, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 11/18/13
ITEM NO: /
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
A. ADOPT RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE
AND PROVIDING FOR THEIR ABATEMENT.
B. SET JANUARY 21, 2014 AS A PUBLIC HEARING DATE ON THIS
ANNUALPROGRAM.
RECOMMENDATION:
1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement and setting a public hearing in order to hear
protests.
2. Set January 21, 2014, as a public hearing date for this annual program.
BACKGROUND:
Pursuant to authority granted in Section 14890 of the California Health and Safety Code, the
County's Hazardous Vegetation Program is administered by the County Agricultural
Commissioner. The County Agricultural Commissioner has the same authority to abate
nuisances as the County Fire Marshal. The Fire Marshal's Office, however, will continue to
provide consultation and assistance to the program.
DISCUSSION:
Hazardous vegetation (weeds) pose a fire threat during the summer months and it is the
individual property owner's responsibility to control them. To eliminate hazardous vegetation
(weeds), the Town has historically adopted a Hazardous Vegetation (Weed) Abatement Program.
PREPARED BY: BOB KAS
Interim Director of Parks and Public Works
Reviewed by:
Town Manager Town Attorney Finance
N:\PPW\MANAGEMENT000NCIL \COUNCIL REPORTS\2013 Reports\1 11813 \Weed. Abatement .tpt.Nov.18.2013.Fiml.docx
PAGE 2
NOVEMBER 7, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
DISCUSSION (cont'd):
The time table is in keeping with generally accepted procedures throughout Santa Clara County
as recommended by the Department of Agriculture and Environmental Management.
Under the county program, property owners with hazardous vegetation (weed) problems are
notified and given an opportunity to abate the hazardous vegetation (weeds). If the problem is
not addressed, the county contractor abates the hazardous vegetation (weeds) and the cost is
added to the owner's property tax bill.
A complete schedule of the program is as follows:
November 18, 2013 Town Council passes a Resolution declaring hazardous vegetation (weeds)
a nuisance and sets a public hearing for January 21, 2014.
November 26, 2013 Clerk Administrator publishes twice and posts in three locations "Notice
of January 21, 2014 Public Hearing to destroy Hazardous Vegetation
(weeds) and Notice of Passage of Resolution" - (Attachment 2) - (Publish
December 3, 2013 and December 10, 2013.)
November 27, 2013 Department of Agriculture and Environmental Management prepares a list
of properties requiring abatement, sends notice to owners to abate the
hazardous vegetation (weeds), and notifies owners regarding time and
place of the Public Hearing.
January 21, 2014 Public Hearing - Town Council hears protests and passes resolution
allowing or overruling objections and ordering abatement as appropriate
and specifying the method for abatement.
April 16, 2014 Department of Agriculture and Environmental Management starts to
inspect Los Gatos properties. Properties which have not been cleared of
hazardous vegetation will be abated by a contractor for the Department of
Agriculture and Environmental Management.
June 24, 2014 Clerk Administrator publishes twice and posts in three locations Notice of
August 4, 2014 Public Hearing for Town Council to hear protests to
proposed charges. (Publish July 1, 2014 and July 8, 2014.)
August 4, 2014 Town Council public hearing on any proposed hazardous vegetation
(weed) abatement charges; Council resolution confirming or modifying
assessments.
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NOVEMBER 7, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
DISCUSSION (cont'd):
August 5, 2014 Clerk Administrator returns list of charges to the Department of
Agriculture and Environmental Management for filing with County
Auditor as a special assessment.
CONCLUSION:
This is a standard procedure of the Town of Los Gatos. It has been enacted to reduce fire
danger.
Staff recommends the Town Council adopt a resolution declaring hazardous vegetation (weeds) a
public nuisance and providing for their abatement, and setting January 21, 2014 as a public
hearing to hear protests on this annual program.
FISCAL IMPACT:
Funds are provided in the FY 2013 -2014 Budget (Program 5101) to cover the cost of publishing
the legal notice (Estimate $200.00).
Attachments:
1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance.
2. Notice of Public Hearing to Destroy Weeds.
Distribution:
Amy Brown, Director of Agricultural and Environmental Management, County of Santa Clara,
Department of Agriculture and Environmental Management, 1553 Berger Drive, Building #1,
San Jose, CA 95112
Moe Kumre, Program Manager, County of Santa Clara Office of the Agricultural Commissioner,
Agriculture and Environmental Management, 1553 Berger Drive, San Jose, CA 95112
Dirk Mattem, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester
Boulevard, Los Gatos, CA 95030
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RESOLUTION 2013-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of
California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner,
lessees or occupant of buildings, grounds, or lots to remove hazardous vegetation (weeds) from
such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such
hazardous vegetation (weeds) at his expense, making the cost thereof a lien upon such property;
and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure,
codified in Chapter 11, Article 2, Sections 11.20.0 10 through 11.20.045 of the Los Gatos Town
Code.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that the Town Council hereby finds that
hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon
and adjacent to private property within the Town of Los Gatos, and declares that all hazardous
vegetation (weeds) growing upon any private property or properties, and in any sidewalk street,
or alley within the Town of Los Gatos are a public nuisance and should be abated.
BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction
or removal of such hazardous vegetation (weeds) within thirty (30) days after the adoption of this
resolution, or within the time specified in a written agreement with the Director, or his
representative, whichever time shall be later, as provided in Chapter 11, Article 2, of the Los
Gatos Town Code, the Town of Los Gatos shall cause such nuisance to be abated, and the
expense thereof assessed upon the lots and lands from which, or in the front and rear of which,
such hazardous vegetation (weeds) shall have been destroyed or removed, such expense
constituting a lien upon such lots or lands until paid, and to be collected upon the next tax roll
upon which general municipal taxes are collected.
ATTACHMENT 1
BE IT FURTHER RESOLVED that the Director shall execute a "Notice to Destroy
Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause
same to be published and posted in the manner prescribed by Section 11.20.020(c).
BE IT FURTHER RESOLVED that on the 21s` day of January, 2014, 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, California, a public hearing will be held during which all property
owners in the Town of Los Gatos having any objections to the proposed destruction or removal
of such hazardous vegetation (weeds) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 18th day of November, 2013 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
TOWN OF LOS GATOS
OFFICE OF THE CLERK ADMINISTRATOR
NOTICE OF PUBLIC HEARING
TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on November 18th, 2013, pursuant to the
provisions of Section 11.20.020 of the Town Code of the Town of Los Gatos, the
Town Council of said Town adopted a Resolution (2013 -XX) declaring that all
weeds growing upon any private property or in any street, sidewalk or alley, as
defined in Section 11.20.010 of such Code, constitute a public nuisance, which
nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall, within thirty (30)
days after the adoption of such resolution, or within the time specified in a
written agreement with the Director of Parks and Public Works of the Town of
Los Gatos, or the Director of Parks and Public Works' representative, whichever
time shall be later, remove all such weeds from their property, the abutting
sidewalks, and the abutting half of the street in front, and alleys, if any, behind
such property, and between the lot lines thereof as extended, or such weeds will
be destroyed or removed and such nuisance abated by the Town of Los Gatos, in
which case the cost of such destruction or removal will be assessed upon the lots
and lands from which, or from the front or rear of which, such weeds shall have
been destroyed or removed, and such cost will constitute a lien upon such lots or
lands until paid; and will be collected upon the next tax roll upon which general
municipal taxes are collected. All property owners having any objections to the
proposed destruction or removal of such weeds are hereby notified to attend a
meeting of the Town Council of such Town to be held in the Council Chambers
of said Town, at 110 East Main Street, TUESDAY, JANUARY 2151, 2014,
AT 7:00 P.M. or as soon thereafter as the matter can be heard, when and where
their objections will be heard and given due consideration.
A COMPLETE RECORD OF THE ABOVE IS ON FILE IN THE OFFICE
OF THE CLERK ADMINISTRATOR
/s/ XXXXXX
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
PUB: December 3, 2013 and December 10, 2013
ATTACHMENT 2
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