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1997-121-Declaring Weeds A Public Nuisance And Providing For Their AbatementRESOLUTION 1997 - 121 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING 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 weeds from such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such 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 11.20.010 through 1.120.045 of the Los Gatos Town Code. 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 "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 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. The Director of Building and Engineering Services ( "the Director ") shall act as the Town Engineer for all purposes set forth in Chapter 11, Article 2, and shall give notice of the passage of this resolution. FURTHER RESOLVED, that unless such nuisance be abated by the destruction or removal of such 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 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. FURTHER RESOLVED, that the Director shall execute a "Notice to Destroy 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). FURTHER RESOLVED, that on the 17th day of November, 1997, at a meeting of the Town Council beginning at 7:30 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 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 3rd day of November, 1997 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT: Randy Attaway ABSTAIN: None SIGNE AYOR OF THE TOWN O LOS GATOS LOS GATOS, CALIFORNI - ATTEST: CLERK OF THE TOWN OF LOS "GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK NOTICE OF PUBLIC HEARING TO DESTROY WEEDS NOTICE IS HEREBY GIVEN that on November 3, 1997, 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 (1997- ) 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 of 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 Town Engineer of the Town of Los Gatos, or his 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 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, MONDAY, NOVEMBER 17, 1997, AT 7:30 P.M. 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 TOWN CLERK /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS PUB: November 5, 1997 and November 12, 1997 Attachnent 3