1995-145-Declaring Weeds A Public Nuisance And Providing For Their AbatementRESOLUTION 1995 - 145
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 11. 20.045 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 4th day of December, 1995, 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 6th day of November, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
t
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 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 a Resolution (1995 -145 ) declaring
that all weeds growing upon any private property or in any street, sidewalk or
alley, as defined in Section 11.20.010 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, 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
CLERK OF THE TOWN OF LOS GATOS
PUB: 11/15/95 and 11/ 22/95