1996-065-Declaring Brush A Public Nuisance And Providing For AbatementRESOLUTION 1996 -65
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING BRUSH A PUBLIC NUISANCE AND
PROVIDING FOR ABATEMENT
WHEREAS, Sections 39560 and following of the Government Code of the State of
California authorize the Town of Los Gatos to declare that 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 brush to mitigate the fire hazard from such
buildings, grounds, or lots to remove or abate the 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 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 brush abatement services, and
WHEREAS, the maintenance of 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 over 2000 property
owners in the Hillside Hazardous Fire Area notifying them of the need to abate 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 brush is a wood, perennial plant usually with multiple stems and trunks
under ten feet in height and is indigenous to the hillside area. 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 Chamise, Scotch
Broom and Toyon. Unabated growth of 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 Building and Engineering Services 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 Clerk 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 brush hazard violations are corrected by
June 3, 1996, 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 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 3rd day of June, 1996, at a meeting of the Town
Council beginning at 7:30 P. M. in the Council Chambers of the Civic Center, 100 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 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, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Randy Attaway
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
tLOS OR THE TOWN F LOS GATOS
GAT OS, CALIFO IA
ATTEST:a%
y"
CLERK OF THE TOWN OF LOS-GATOS
LOS GATOS, CALIFORNIA