1995-055-Declaring Brush A Public Nuisance And Providing For AbatementRESOLUTION 1995 -55
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, 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, that the Town Council
hereby finds that brush is a woody, perennial plant usually with multiple stems and trucks 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 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 be 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
5, 1995, 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 5th day of June 1995, 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, California, 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 held on the 15th day of May, 1995, by the following vote:
COUNCIL MEMBERS
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR OF THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN O O
LOS GATOS, CALIFORNIA