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1996-068-Overruling Objections And Ordinance Abatement Of Brush As A Public NuisanceRESOLUTION 1996 - 68 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF BRUSH AS A PUBLIC NUISANCE WHEREAS, on May 20, 1996, the Town Council of the Town of Los Gatos adopted Resolution 1996 -65, entitled, "A RESOLUTION DECLARING BRUSH A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT ", directing the giving of notice that 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 3, 1996 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 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. 1996 -65 by causing copies of the NOTICE OF PUBLIC HEARING TO ABATE BRUSH HAZARDS in the same form as annexed to said Resolution No. 1996 -65 to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos on May 22, 1996, and May 29, 1996, respectively, and causing said notice to be posted on May 22, 1996, in two (2) prominent places in the Town of Los Gatos; and WHEREAS, the Town has given Notice (Exhibit A) to all property owners (Attachment 2) 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 brush were heard. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that all objections, if any, to the proposed destruction or removal of such 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 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. 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 of the Los Gatos Town Code. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 3rd day of June, 1996, by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: None ATTEST: f CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK NOTICE OF PUBLIC HEARING TO ABATE BRUSH HAZARDS THIS NOTICE IS BEING SENT TO YOU BECAUSE YOU OWN PROPERTY IN THE TOWN'S HILLSIDE HAZARDOUS FIRE AREA AND A PRELIMINARY INSPECTION BY THE CENTRAL FIRE DISTRICT INDICATES THAT YOUR PROPERTY MAY CONTAIN A BRUSH OR VEGETATION FIRE HAZARD REQUIRING 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, 1996, pursuant to the provisions of the California Government Code, the Town Council of the Town of Los Gatos adopted Resolution 1996 -65 declaring that 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 Central Fire District. Brush is defined as a woody perennial plant usually with multiple stems and trunks under ten feet in height. 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 Central Fire District generally describing required abatement actions. NOTICE IS FURTHER GIVEN that property owners within the Hillside Hazardous Fire Area shall, by June 3, 1996 or within the time specified in a written agreement with the Town Director of Building and Engineering Services, whichever time is later, take such steps as are necessary to abate the 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 the proposed abatement of the 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 3,1996, AT 7:30 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 brush and weed abatement and hillside fire hazards and prevention is available from the Central Fire District located at 14700 Winchester Boulevard, Los Gatos, CA, phone (408) 378 -4010. Further information regarding the location and effect of the Hillside Hazardous Fire Area may be obtained from either the Central Fire District or the Town Building & Engineering Services Department at 110 E. Main Street, Los Gatos, CA, phone (408) 354 -6876. ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA