1995-165-Overruling Objections And Ordering Abatement Of Weeds As A Public NuisanceRESOLUTION 1995 - 165
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF WEEDS
AS A PUBLIC NUISANCE
WHEREAS, on November 6, 1995, the Town Council of the Town of Los Gatos adopted
Resolution 1995 -145 entitled, "A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE
AND PROVIDING FOR THEIR ABATEMENT ", directing the giving of notice that weeds 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 December 4, 1995
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 weeds 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. 1995 -145 by causing copies of the NOTICE TO DESTROY WEEDS
(Exhibit A) in the same form as annexed to said Resolution No. 1995 -145 to be published in the
Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos
on November 15, 1995, and November 22, 1995 respectively, and causing said notice to be posted
on November 6, 1995, in three (3) prominent places in the Town of Los Gatos; 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 weeds were heard.
NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY 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 weeds 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 weeds referred to destroyed or removed by cutting, dicing,
chemical spraying, or any other method which may hereafter be determined by the Town Council.
FINALLY 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 held on 4th day of
December, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN O OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
t
CLERK OF THE TOWN OF L6 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 6, 1995, 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 Resolution 1995 -145 declaring that all weeds growing upon any private property or in any
street, sidewalk or alley, as defined in Section 11.20.101 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 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
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, Monday, December 4, 1995 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
Pub: November 15, 1995 and November 22, 1995
cc: Weekly
Mercury News
Manager
Building and Engineering Services
Posted: Library, Town Board, Post Office