Addendum
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2016
ITEM NO: 4
ADDENDUM
DATE: NOVEMBER 14, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
REMARKS:
Attachment 3 contains public comment received between 11:01 a.m. November 10, 2016 and
11:00 a.m. November 14, 2016.
Specific to the correspondence, Town Staff from the Town Attorney’s Office, Code Enforcement
and Parks and Public Works have met onsite with the resident and the County Weed
Abatement program staff. County Fire has also visited the site. Consistent with the program,
abatement efforts in the past have focused on the edges of the property with attention to areas
immediately adjacent to properties with structures. All agencies believe the property complies
with the Weed Abatement Program.
Beyond compliance with the current code, the property provides habitat as a seasonal
waterway, capturing runoff from the hillside above. Any proposed removal of vegetation would
require permitting and mitigation by California Department of Fish and Wildlife. This would be
a significant body of work that the property owner would need to undertake in addition to
compliance with the Town’s grading ordinance. The Weed Abatement program seeks to
achieve a balance between removal of vegetation and habitat preservation.
In regards to the effectiveness of the code, the program has operated successfully in Los Gatos
for many years. The program will continue to identify areas of high risk and address concerns in
those areas. If the Council would like Town staff to undertake a review of the Town Code or
this program, that work can be added to potential staff priorities during discussion at the study
session on January 31.
PAGE 2 OF 2
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
NOVEMBER 14, 2016
S:\COUNCIL REPORTS\2016\11-15-16\04 Weed Abatement\ADDENDUM\04 Addendum FINAL.docx 11/14/2016 2:15 PM MM
Attachments 1-2 (Previously received with staff report on November 10, 2016):
1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance
2. Eighth Amendment to the Agreement
Attachment 3 (Received with this Addendum):
3. Public Comment received from 11:01 a.m. Thursday, November 10, 2016 through 11:00
a.m. Monday, November 14, 2016.
November 14, 2016
Re: Item number 4 – Hazardous Vegetation Abatement (Weeds)
Dear Town Council,
I am writing to you to alert you to a major problem that exists with the current Weed Abatement
Program. At the core, the current program is ineffective in addressing the most fire prone lot in the
Town’s Hazardous Vegetation Abatement Program, namely parcel APN 510-41-068.
This lot has been identified by the County’s Department of Agriculture and Environmental Management
(Weed Abatement Division) for over 6 consecutive years as a parcel that has hazardous vegetation,
combustible material or weeds on it. The County has every year notified the property owner of this
condition. And for 6 years this lot has never been abated by either the owner, the County or the Town.
Last year the owner of the property was accessed a massive $55 for the consequence of allowing this
condition to continue.
I have attached a number of pictures of the lot which accurately show the current condition of the
parcel. How this parcel has not been abated is beyond explanation and borders on a cynical approach on
behalf of the Town to serious fire management. There is simply no other explanation.
As background, the Town Council is aware that over 20% of the Town is located in a VHFHSZ. I have
attached for your review the Town of Los Gatos Wildland Urban Interface map which is published in the
General Plan and clearly shows the State mandated LRA (local area of responsibility) VHFHA. APN 510-
41-068 is an undeveloped lot, currently zoned R-1:8 – vacant urban, and is located in the greater
Almond Grove Area. It is surrounded on all sides by developed property and a multi-tenant
condominium complex. I estimate that the improved market value of the immediately adjacent
development far exceeds $100 million.
The Town Council is also aware, an owner of developed property in a VHFHSZ faces severe challenges in
obtaining affordable fire insurance. The State of California has recognized this as well as the potential
for significant loss arising from a wildfire. For those of us in the Bay Area in 1991, the Oakland wildfire
was heartbreaking – with the loss of 25 lives, 150 additional people injured, 2,843 single family homes
and 437 apartments and condominium units destroyed. Don’t think for a moment that this couldn’t
happen in our Town.
It is for this reason that a strong and comprehensive Weed Abatement program which is proactively
enforced is required.
Problems with the current resolution and the Weed Abatement Program
A fundamental problem with this resolution is that it references the Town of Los Gatos ordinance
Chapter 11, Article 2, Sections 11.20.010 through 11.20.045. This is the section of the Code that the
Town Attorney will turn to in implementing the Weed Abatement program. There are three major
problems with this code which then extend to the Weed Abatement Program and the proposed
resolution.
ATTACHMENT 3
First, the Town has taken the official position that somehow the Town’s Weed Abatement Code does
not apply to APN 510-41-068. Even though the property is covered with dead brush, dry leaves, dead
trees and vast amounts of bio fuel, the Town Attorney and Director of Public Works have made the
determination that there is nothing to abate.
This defies common sense. While I am not an expert in fire protection, I do have common sense and the
ability to observe. And my common sense and observation leads me to believe that this lot is a clear fire
danger to all surrounding developed property.
When I asked the Town Attorney to stipulate to his findings that the lot complied with the Weed
Abatement Code, he declined. If there is nothing to abate, then the Town should be willing to stipulate
to this finding.
However, there is no denying the observable facts on the ground. To quote Supreme Court Justice
Potter Stewart when he was trying to describe his threshold test for obscenity and apply it to the
question as to whether the parcel is in compliance with the Weed Abatement Code, “I know it when I
see it and …… in this case is not that”.
I invite all of the Town Council to personally visit this site and make your own determination if this lot
complies with the intent of the Weed Abatement Code which Matt Morley pointed out in his staff report
is to reduce the fire threat from parcels throughout the Town that represent a potential hazard due to
the accumulation of combustible material.
If the current Weed Abatement Code is not sufficient to address APN 510-41-068, then the code needs
to be modified to address this situation.
I have looked at the Weed Abatement Codes for both the City of Saratoga and the City of Monte Sereno.
Both of these cities have language that broadens the definition of “weeds” and clarifies the property
owner’s responsibility to remove weeds and brush. I have attached copies of the Weed Abatement Code
for both cities so the Town Council can see how our neighboring communities are addressing this critical
issue.
My specific recommendations are:
1. For Section 11.20.010 – modify (2) to read “sagebrush, chaparral, and any other brush, dead
trees and fallen tree limbs or weeds and indigenous grasses which may attain such large growth
as to become, when dry a fire menace to adjacent property. And to modify (5) to read “Dry
grass, stubble, brush, fallen tree limbs, dead trees, litter or other flammable material which
endangers the public safety”.
2. For Section 11.20.015 – add (c) to read “Every property owner shall remove or destroy all
weeds, rubbish and refuse which are growing or located on any undeveloped lots, or any site or
parcel of land of an area in excess of one acre in single ownership, which are within on hundred
feet of any building or structure whether on that parcel or adjacent to that parcel, or provide a
minimum clear width of thirty feet around property line perimeter of the parcel, site or lot in
question. If this language is implemented, it would be very clear that APN 510-41-068 would
be required to provide a minimum thirty foot defensible zone around that parcel, which is also
mandated by State law.
The second problem is that the resolution does not clearly specify the standard of abatement. The Town
has entered into an agreement with County to administer the Weed Abatement Program along with 13
other local agencies. Under this agreement the County is authorized to perform an inspection of the
properties on the abatement list and to determine if the property has met the Weed Abatement
requirements.
What are those requirements? Is it the Town’s Weed Abatement Code or is it the Minimum Fire Safety
Standards that the County of Santa Clara County has adopted? I have attached the Minimum Fire Safety
Standards that the County mailed to every property owner in the Weed Abatement Program for the past
several years. This Minimum Fire Safety Standard has also been provided to the Town Council in prior
years.
In my discussions with the Town Attorney, I understand the Town’s position is that the requirement to
abate is to the Town’s Weed Abatement Code NOT the minimum fire safety standard. This is a major
flaw with the Town’s Weed Abatement Program and the proposed resolution.
This resolution should make it clear that the weed abatement standard should be the minimum fire
safety standard adopted by the County of Santa Clara as well as the Weed Abatement Code of the
Town. After all, this is what the County will abate to when the property owner has failed to meet the
deadline to comply.
Furthermore, the agreement with the County does not require the Town to enforce the standard
established by the County program nor does the agreement give the Town the authority to enforce
this minimum standard.
This lack of enforceability essentially makes the Weed Abatement Program a toothless tiger.
The third problem with the Town’s Weed Abatement program is that it does not clearly discuss the
abatement of undeveloped property. This needs to be explicitly outlined in both the Town Code as well
as the minimum fire standard published by the County of Santa Clara.
Again, all we have to do is to look at how other municipalities have addressed undeveloped property. In
this case, I compared the minimum fire standard published by the City of Oakland and the Count of
Santa Clara standards. I have attached the City of Oakland’s standards for your review.
As you can see, the City of Oakland very clearly calls out general compliance standards for both vacant
lots ½ acre or less and standards for vacant lots greater than ½ acre. The Oakland standard also
discusses special considerations for creek side properties. The important point here is that creek side
properties do not get a free pass from maintaining proper fire safety standards, but they must obtain
the proper environmental permits prior to performing any work on their property.
I strongly recommend that the Town of Los Gatos adopt the minimum general compliance standard
for undeveloped parcels that the City of Oakland has implemented and include this as part of the
proposed resolution.
In summary, I have spent almost 4 months trying to get the Town to address the very serious fire
problem that APN 510-41-068 represents to the surrounding develop property. From my direct
correspondence with the Town, the Town Staff have taken positions ranging from -
• “There isn’t anything to abate”;
• “This type of land is found all over Los Gatos and is kept predominately in a natural state as
habitat for wild life, plant or animal communities”;
• “The Town’s Weed Abatement Ordinance was not intended to apply to this type of land”
To the highly technical:
• “This area may be considered a riparian area or resource sensitive are which may require
environmental review and a permit from the USFW or CDFG or a grading permit from the Town
before any work could be done”
None of this changes the fact that in the middle of a VHFHSZ within the Town of Los Gatos there is an
undeveloped parcel that has been on the County Weed Abatement parcels list for each year for the
past 6 years, and the Town has by resolution declared this parcel a public nuisance requiring
abatement each year for the past 6 years and each year for the past 6 years no abatement has
occurred by the owner, the Town or the County. How this has happened can’t be explained.
The Town needs to address this issue just as the City of Saratoga did when they implemented the
Mountain Winery Shaded Fuel Break. This project created a series of shaded and open fuel breaks
covering 13 acres in total in the Wildland-Urban Interface Zone along a main road separating a
community of single-family homes from an undeveloped mountain slope in Saratoga. It was estimated
that the nearby property value exceed $1.1 billion and as a result the cleared area provided a significant
protection in the event of a wildfire. The City did not take the position that there wasn’t “anything to
abate”. They acted on the knowledge there was a clear fire danger which required protection of all of
the surrounding property owners.
Please do not approve this resolution as drafted. The Town Attorney is fully aware of the issues I have
discussed and can easily draft a resolution which will address the points I have made.
Thank you for your attention to this matter.
Sincerely,
Phil Koen
Page 1
Town of Los Gatos Code
ARTICLE II. - WEEDS
Sec. 11.20.010. - Definition.
For the purposes of this article, the word "weeds" shall mean all weeds growing upon streets, alleys,
sidewalks, or private property in the Town, including, but not limited to, the following:
(1) Weeds which bear or may bear seeds of a downy or wingy nature.
(2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a
fire menace to adjacent property.
(3) Weeds which are otherwise noxious or dangerous.
(4) Poison oak, when the conditions of growth are such as to constitute a menace to the public
health.
(5) Accumulation of garden refuse, cuttings, limbs, lumber and other combustible trash.
(Code 1968, § 14-13)
Cross reference— Definitions and rules of construction generally, § 1.10.015.
Sec. 11.20.015. - Removal by property owner required.
(a) No owner, agent, lessee or other person occupying or having charge or control of any building, lot or
premises within the Town shall permit weeds to remain upon such premises, or public sidewalks, or
streets, or alleys between such premises and the centerline of any public street or alley.
(b) Every property owner shall remove or destroy such weeds from such owner's property, abutting
sidewalks, and the abutting half of any streets or alleys between the lot lines as extended.
(Code 1968, § 14-14)
Sec. 11.20.020. - Declaration of nuisance; notice to abate.
(a) Whenever any weeds are growing upon any private property or in any sidewalk, street or alley within
the Town, the Town Council shall pass a resolution declaring the same to be a public nuisance,
ordering the Town Engineer to give notice of the passage of such resolution as provided in this
article, and stating that, unless such nuisance is abated within thirty (30) days after the adoption of
such resolution, or within the time specified in a written agreement with the Town Engineer or Town
Engineer's representative, whichever time shall be later, by the destruction or removal of such
weeds, as provided in this article, the Town 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 resolution shall fix the time and place for
hearing any objections to the proposed destruction or removal of such weeds.
(b) The notice shall be in substantially the following form:
"NOTICE TO DESTROY WEEDS
Page 2
"NOTICE IS HEREBY GIVEN that on ____________/____________/____________,
19____________, 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 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 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 the Town Engineer's 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, on
____________/____________/____________, 19____________, at ____________ o'clock p.m.,
when and where their objections will be heard and given due consideration.
"Dated this ____________ day of ____________/____________/____________,
19____________.
"Town Engineer
Town of Los Gatos"
(c) Such notice shall be published at least twice in a newspaper of general circulation published in the
Town, the first publication of which shall be at least ten (10) days prior to the time fixed by the Town
Council of hearing objections. Such notice shall also be posted at least ten (10) days prior to the time
fixed by the Town Council for hearing objections, in three (3) prominent places in the Town.
(Code 1968, § 14-15)
Sec. 11.20.025. - Hearing on notice to abate nuisance.
At the time stated in the notice given pursuant to section 11.20.020, the Town Council shall hear and
consider any objections to the proposed destruction or removal of such weeds, and may continue the
hearing from time to time. The Town Council, by motion or resolution, shall allow or overrule any
objections, if any, after which the Town Council shall thereupon be deemed to have acquired jurisdiction
to proceed and perform the work of destruction and removal of such weeds.
(Code 1968, § 14-16)
Sec. 11.20.030. - Abatement of nuisance by Town—Generally; right of property owner to perform work.
The Town Council shall, by motion or resolution, order the Town Engineer, or the Town Engineer's
representative, to abate a nuisance under this article, or cause the same to be abated, by having the
Page 3
weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method
determined by the Town Council; and the Town Engineer and the deputies, assistants, employees,
contracting agents or other representatives of the Town Engineer are hereby expressly authorized to
enter upon private property for that purpose. Any property owner shall have the right of destruction or
removal of such weeds by the property owner, by cutting, discing, chemical spraying or any other method
determined by the Town Council, or to have the same destroyed or removed at the property owner's
expense; provided, that such weeds shall have been removed prior to the arrival of the Town Engineer, or
the Town Engineer's authorized agents or representatives, to remove them.
(Code 1968, § 14-17)
Sec. 11.20.035. - Same—Determination and assessment of costs.
(a) The Town Engineer, or the authorized agent or representative of the Town Engineer, shall keep an
account of the cost of abating such nuisance and embody such account in a report and assessment
list to the Town Council, which shall be filed with the Town Clerk. Such report shall refer to each
separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the
expense proposed to be assessed against each separate lot or parcel of land.
(b) The Town Clerk shall post a copy of such report and assessment list in three (3) prominent places in
the Town, one (1) of which shall be posted at the Town Hall, together with a notice of the filing
thereof and of the time and place when and where it will be submitted to the Town Council for
hearing and confirmation, notifying property owners that they may appear at such time and place,
and object to any matter contained therein. A like notice shall also be published twice in a newspaper
of general circulation published in the Town. The posting and first publication of such notice shall be
made and completed at least ten (10) days before the time such report is submitted to the Town
Council. Such notice, as so posted and published, shall be substantially in the following form:
"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT
"NOTICE IS HEREBY GIVEN that on ____________/____________/____________,
19____________, the Town Engineer of the Town of Los Gatos filed with the Town Clerk of said
Town a report and assessment on abatement of weeds within said Town, one copy of which is
posted at the Town Hall.
"NOTICE IS FURTHER GIVEN that on ____________/____________/____________,
19____________, at the hour of ____________ o'clock p.m., in the Council chambers of said Town,
said report and assessment list will be presented to the Town Council of said Town for consideration
and confirmation; and that any and all persons interested, having any objections to said report and
assessment list, or to any matter or thing contained therein, may appear at said time and place and
be heard.
"Dated this ____________ day of ____________/____________/____________,
19____________.
"Town Clerk of the
Town of Los Gatos
(c) At the time and place fixed for receiving and considering such report, the Town Council shall hear
the same, together with any objections which may be raised by any of the property owners liable to
be assessed for the work of abating such nuisance, and the Town Engineer, or the Town Engineer's
Page 4
representative, shall attend such meeting with the Town Engineer's record thereof, and, upon such
hearing, the Town Council may make such modifications in the proposed assessment as it, by
motion or resolution, deems reasonable and necessary, after which such report and assessment list
shall be confirmed.
(d) The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or
parcels of land respectively referred to in such report, shall constitute special assessments against
such respective lots or parcels of land, and after so made and confirmed, shall constitute a lien upon
such property for the amount of such assessment, until paid.
(Code 1968, § 14-18)
Sec. 11.20.040. - Same—Collection of costs.
On or before August tenth of the year in which the report is confirmed by the Town Council, the Town
Clerk shall cause a certified copy of such confirmed report to be filed with the County Auditor, in order
that the County Auditor may enter each such assessment on the County tax roll opposite the parcel of
land referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner,
as general Town taxes are collected, and shall be subject to the same penalties and interest, and the
same procedure and sale in case of delinquency as provided by law for Town taxes. All laws and
ordinances applicable to the levy, collection and enforcement of Town taxes are hereby made applicable
to such special assessments.
(Code 1968, § 14-19)
Sec. 11.20.045. - Article in addition to other remedies.
This article is adopted pursuant to the provisions of Government Code sections 39501 and 39502, as
an alternative and additional remedy to those otherwise promoted by law, or ordinance of the Town.
(Code 1968, § 14-20)
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O
D
D
R
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J
A
C
K
S
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T
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C
R
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T
A
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ENG
L
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W
O
O
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A
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L
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L
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BE
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T
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CO
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P
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A
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BLOSSOM VALLEY DR
MAYA
W
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LYNN AV
HIG
H
S
T
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N
A
N
D
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Z
A
V
KIMB
L
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A
V
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N
T
O
N
W
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VIA
P
A
L
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M
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N
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TOURNEY RD
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L
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A
T
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L
N
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R
R
D
DI
C
K
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N
S
A
V
WI
L
L
O
W
D
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HERSHNER DR
HOWES DR
BR
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A
D
W
A
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T
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O
N
D
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SCOTT DR
RONDA DR
GRE
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N
W
O
O
D
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D
PO
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P
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L
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A
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L
A
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DO
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S
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LOST OAKS
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F
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D
HYACINTH LN
L
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A
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S
T
A
A
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W
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L
L
A
W
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LA
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T
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L
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A
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L
W
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MA
R
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J
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A
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D
A
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PENNSYLVANIA AV
BE
L
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C
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D
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CHEVALIER DR
CA
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L
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RURAL A
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C
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FER
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AP
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T
L
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R
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B
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T
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P
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T
A
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L
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N
A
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RU
C
K
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D
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D
CHERRYST
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N
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D
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WIL
D
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R
A
V
ALMOND BLOSSOM LN
S
T
A
C
I
A
S
T
CO
P
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L
A
N
D
L
N
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R
A
V
VI
A
L
O
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T
A
TOWN
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MANZANITA AV
VISTA AV
TOP OF THE HILL DR
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M
P
A
R
K
WHI
T
N
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Y
A
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TOPPING
W
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CONRAD AV
MO
N
T
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R
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A
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L
N
MARI
P
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S
A
A
V
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N
A
D
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DEER P
A
R
K
R
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BE
C
K
A
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RO
B
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L
N
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C
K
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L
N
LO
N
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H
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L
L
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B
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L
W
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VIA BONITA
ALBERT AV
MADERA CT
P
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P
P
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T
R
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L
N
BO
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N
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L
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PLA
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K
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BE
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W
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A
D
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GR
A
N
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L
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L
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V
BELHAVEN DR
GR
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D
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KE
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N
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D
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S QUARRY RD
BAN
C
R
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F
T
A
V
LONGME
A
D
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W
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BLA
N
C
H
A
R
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D
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W
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NE
W
Y
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BA
R
B
A
R
A
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ROXANNE DR
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N
S
I
N
G
T
O
N
W
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J
O
N
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S
R
D
CAMINO DEL
S
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L
V
I
N
T
N
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R
W
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D
S
T
O
N
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D
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LON
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R
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PENN WY
OVERLOOK RD
JA
C
A
R
A
N
D
A
W
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OAK KNOLL RD
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R
L
O
W
W
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V
I
A
C
A
B
A
L
L
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R
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AR
R
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G
R
A
N
D
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W
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BELRIDGE DR
V
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V
I
A
N
D
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TR
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N
T
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CLELAND AV
BAC
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A
L
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BE
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N
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A
D
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MU
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DE
C
A
T
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R
R
D
KI
N
G
H
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R
S
T
D
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FRANCIS OAKS WY
LA
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R
A
D
R
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S
T
L
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S
C
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R
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T
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D
R
CON
S
T
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T
U
T
I
O
N
A
V
NIMRICK LN
DITTOS LN
BELBLOSSOM WY
BA
R
O
N
D
R
KAY DR
B
E
L
W
O
O
D
G
A
T
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W
A
Y
WI
L
M
A
W
Y
PINTA CT
FE
R
N
D
R
LE
N
O
R
A
A
V
KE
N
L
A
R
D
R
LOMA ST
BELCREST DR
ALERCHE DR
R
E
E
D
H
E
A
D
L
N
SP
R
I
N
G
S
T
FILL
M
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V
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L
A
N
D
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K
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SH
A
D
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W
L
N
MAY
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A
V
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C
L
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D
A
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TI
L
D
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N
D
R
BERSAN
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L
N
C
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R
I
N
N
E
D
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MIRE
V
A
L
R
D
BLOSSOM GLEN WY
RO
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F
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D
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R
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ROSELEA
F
L
N
L
A
S
A
S
T
A
S
D
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BELVALE DR
AL
M
E
N
D
R
A
A
V
ALE
X
A
N
D
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R
A
V
WR
A
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T
A
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MI
S
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A
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FARLEY R
D
SA
L
L
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VENNDALE AV
LA RINCONADA DR
E
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C
A
L
Y
P
T
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S
D
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MA
R
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W
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KE
N
S
O
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D
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L
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N
D
A
A
V
T
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S
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W
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L
A
N
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V
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W
D
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BLOSSOM CREST WY
PAR
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P
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N
T
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CL
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W
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TW
I
N
O
A
K
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CARDEL WY
MA
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N
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A
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L
A
S
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A
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A
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B
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L
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W
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A
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A
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K
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M
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D
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W
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A
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A
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HEATHER DR
MAUD WY
MIR
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SH
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W
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L
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L
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F
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TWELV
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K
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D
PRIVATE
CH
A
R
L
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S
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HIL
L
B
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BA
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V
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W
A
V
HOLDEN CT
OR
A
N
G
E
B
L
O
S
S
O
M
L
N
SUFONET DR
REBEL
W
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IXIAS CT
PETRI
P
L
LA
U
R
E
N
D
R
LA
V
E
N
D
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R
W
Y
OAK
R
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D
G
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W
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BL
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S
S
O
M
D
A
L
E
D
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S
T
DALTO
N
D
R
GUM T
R
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E
L
N
CHURCH ST
ADELAIDE WY
W L
A
C
H
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Q
U
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T
A
A
V
CLARINDA WY
BE
L
C
A
N
T
O
D
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CANT
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D
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WI
S
S
A
H
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K
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R
K
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PA
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M
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A
V
V
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A
L
N
RO
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COR
A
L
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D
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A
V
LA
N
S
B
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R
R
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C
T
MAGNES
O
N
L
P
LAUREL AV
MARR LN
KI
N
G
D
A
L
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D
R
SHELDON DR
BOYER LN
ME
A
D
O
W
B
R
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K
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D
A
V
WA
L
N
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T
A
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BEL
M
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T
A
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BR
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N
D
A
A
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CA
R
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W
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S
A
N
T
S
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MI
L
L
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G
A
N
D
R
JA
S
M
I
N
E
W
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OLD BLOSSOM HILL RD
CARDINAL L
N
ROGERS ST
WOLLIN W
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MIT
C
H
E
L
L
A
V
AN
N
A
R
B
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D
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L
I
N
D
A
L
N
MA
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A
N
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W
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R
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S
S
A
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GA
T
T
U
C
I
O
D
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LOBELIA LN
BE
N
N
E
T
T
W
Y
AM
A
N
D
A
L
N
NO
D
D
I
N
A
V
RO
B
I
N
A
N
N
L
N
AL
B
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T
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W
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DALTO
N
P
L
KI
N
G
B
R
O
O
K
D
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N
D
A
V
CH
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R
R
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B
L
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S
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L
N
C
A
M
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N
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D
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C
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GR
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V
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T
L
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N
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T
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D
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THU
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T
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N
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T
WH
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L
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A
V
IX
I
A
S
L
N
WADSWORTH AV
AV
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R
Y
L
N
GR
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N
R
I
D
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T
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D
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KI
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W
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W
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A
L
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A
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K
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A
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A
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BO
B
B
Y
W
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A
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HO
L
L
Y
W
O
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D
A
V
NORA W
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BU
E
N
A
V
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S
T
A
A
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A
R
W
O
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D
C
T
L
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BA
N
B
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R
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W
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FO
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R
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T
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I
L
L
D
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S
L
N
SAIDEL D
R
RO
B
I
N
W
Y
HIGHLAND TR
H
O
L
L
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C
R
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S
T
D
R
ROY
C
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S
T
VI
S
T
A
D
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L
M
A
R
ST
A
N
D
I
S
H
D
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STA
T
I
O
N
W
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CHADBOURNE L
N
BE
L
B
L
O
S
S
O
M
D
R
TOUR
N
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Y
L
P
FLIN
T
R
I
D
G
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D
R
CHEST
N
U
T
A
V
GE
M
I
N
I
C
T
LITTLE
F
I
E
L
D
L
N
NIN
O
W
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F
A
W
N
D
A
L
E
D
R
M
A
I
T
L
A
N
D
D
R
HEIMGARTNER LN
FAIRVIEW PZ
GR
I
F
F
I
T
H
P
L
VE
R
O
N
A
C
T
HE
R
B
E
R
T
D
R
CR
A
I
G
W
Y
FAN
C
H
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C
T
R
A
M
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L
W
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N
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C
T
CARLESTER D
R
ALTA
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R
R
A
C
T
VIL
L
A
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L
N
ST
U
C
K
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D
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SHA
N
N
O
N
H
E
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H
T
S
R
D
MA
R
I
C
O
P
A
D
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MI
L
M
A
R
W
Y
JAMIE CT
FAIRVIEW
A
V
VIA ENCANTADA
RI
D
G
E
R
D
RAV
I
N
A
W
Y
WILFRED WY
NINA CT
PE
A
C
O
C
K
L
N
SAM
A
R
I
T
A
N
P
L
OAK
H
U
R
S
T
D
R
BR
I
A
R
W
O
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D
W
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K
I
N
G
R
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D
G
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D
R
PA
N
O
R
A
M
A
W
Y
G
R
E
E
N
D
A
L
E
D
R
VASONA T
R
INCA CT
BL
O
S
S
O
M
W
O
O
D
D
R
SUNRA
Y
D
R
SH
A
R
O
N
C
T
BL
O
S
S
O
M
T
R
E
E
L
N
BL
O
S
S
O
M
V
I
S
T
A
A
V
A
R
L
E
E
D
R
VIA LU
G
A
N
O
QUAIL
H
I
L
L
R
D
HYDRANGEA LN
AVON
L
N
SHELBURNE WY
ON
E
O
A
K
L
N
OH
L
O
N
E
C
T
S
H
A
N
N
O
N
O
A
K
S
L
N
AS
P
E
N
C
T
VI
A
C
O
R
T
I
N
A
TH
U
R
E
S
O
N
W
Y
L
E
X
I
N
G
T
O
N
C
T
EDMUND DR
LA
M
I
R
A
D
A
D
R
SUM
M
I
T
W
Y
AN
D
R
E
C
T
W M
A
I
N
S
T
MIL
L
R
D
MA
G
G
I
C
T
SPENCER
A
V
VIA
S
A
N
T
A
M
A
R
I
A
P
O
T
O
M
A
C
D
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GE
O
R
G
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S
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Legend
Buildings
Parcels
Original Hazardous Fire Area (OHFA)
LosGatos
Very High Fire Hazard Areas
State Mandated LRA (VHFHA)
Town of Los Gatos Designated (WUIFA)
State Mandated Pre-Zone (VHFHA)
Pre-Zoned Town Designated (WUIFA)
0 5001,000
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Prepared: February 2, 2009
Very High Fire Zones.mxd
Exhibit "A"
Page 1
City of Saratoga Code
Article 7-15 - WEED AND RUBBISH ABATEMENT
7-15.010 - Authority for Article.
This Article is adopted pursuant to Sections 39501 and 39502 of the Government Code. It is
intended as an alternative to the procedure set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the
Government Code (commencing with Section 39560). The City may proceed under this Article or said
Article 2 of the Government Code, or both.
7-15.020 - Delegation of enforcement authority to County; Enforcement Officer defined.
(a) Except as otherwise expressly provided in this Article, the duty and authorit y to enforce the
provisions of this Article are hereby delegated to the County, to be performed in accordance with the
terms of such contract for weed abatement services as may be executed from time to time between
the City and the County. In the event such contract is terminated, the delegation of authority granted
herein shall automatically expire.
(b) The term "Enforcement Officer," as used in this Article, means the person or persons duly authorized
by the County to administer and enforce the provisions of this Article. If the County at any time
ceases to render weed abatement services for the City, the Enforcement Officer shall be such
person as designated by the City Council.
7-15.030 - "Weeds" defined.
The term "weeds," as used in this Article, shall include, without limitation, any of the following:
(a) Weeds which bear seeds of a downy or wingy nature;
(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to
become, when dry, a fire menace;
(c) Weeds which are otherwise noxious or dangerous;
(d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to
the public health;
(e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety
by creating a fire hazard.
7-15.040 - Public nuisance and abatement requirements.
Each of the following are hereby declared to be a public nuisance and shall be abated by the owner
of the property, who is hereby required to remove or destroy such weeds, rubbi sh, refuse, dirt,
obstructions and any other dangerous materials, as hereafter described, from his property, and from the
abutting street or streets adjoining such property within the extended lot lines thereof, to the centerline of
such street or streets:
(a) All weeds, rubbish, refuse, dirt or other obstructions located or growing on the right-of-way of
any public street or street offered for dedication to the public, and any sidewalk, curb, gutter,
parkway, private road or right-of-way furnishing access to any building or structure, or alley
within the City;
Page 2
(b) All weeds, rubbish, refuse, and other materials dangerous to neighboring property or the health
or welfare of residents in the vicinity, which are growing or located within one hundred feet of
any building, fence, structure or property line, regardless of whether or not the same be growing
or located on the same lot, site or parcel on which the building, fence or other structure is
located, in all zoning districts in the City except as set forth in Paragraph (c) of this Section.
(c) In an A, HC-RD, NHR or R-1-40,000 zoning district in the City, all weeds, rubbish and refuse
which are growing or located on any unsubdivided lands, or on any site or parcel of land of an
area in excess of one acre in single ownership, which are within one hundred feet of any
building or structure, or within thirty feet of any right-of-way line of a public street or within thirty
feet of the property line of the parcel, site, or lot in question. It is the intention of this provision to
permit the retention of natural growth on larger parcels of land in the lesser developed areas of
the City, but at the same time, to provide reasonable regulations for the prevention of sweeping
fires in such areas.
7-15.050 - Declaration of nuisance.
The Enforcement Officer shall furnish annually to the City Council a report of those properties on
which any weeds, rubbish, refuse, dirt, obstructions or other dangerous materials have been found to
exist in violation of this Article. The City Council shall review such report and make any changes therein it
deems necessary or proper. Upon approval of the report as submitted or modified, the City Council shall,
by resolution, declare a public nuisance to exist upon the properties described i n the report.
7-15.060 - Notice to abate; public hearing by City Council.
(a) The Enforcement Officer shall send to the owner of each property on which a nuisance has been
declared by the City Council to exist, at his address as shown on the latest avail able equalized
assessment roll, a notice to abate such nuisance within the time specified in the notice which shall
be not less than thirty days after the date on which the notice is mailed. A copy of the notice shall
also be published once in a newspaper having general circulation in the City and posted at a
conspicuous location in City Hall. The notice to abate shall also advise the property owner of the
following:
(1) That upon failure by the owner to abate the nuisance within the specified time, the we eds,
rubbish, or other materials will be removed by the County;
(2) That all abatement costs incurred by the County, together with an administrative fee in the
amount set forth in the notice, shall be charged to the owner;
(3) That nonpayment of the abatement costs and the administrative fee will result in the same being
levied as a special assessment against the property, to be collected at the same time and in the
same manner as ordinary real estate taxes;
(4) That any person objecting to the declaration of nuisance or the proposed abatement thereof
may present such objections at a public hearing to be conducted by the City Council at the time
and place indicated in the notice.
(b) The City Council shall conduct a public hearing on the proposed aba tement at the time and place
designated in the notice and shall hear and determine any objections by the owners of properties on
which a nuisance has been declared to exist. The Council may sustain or overrule such objections
and shall notify both the owner and the Enforcement Officer of its decision within ten days after the
conclusion of the public hearing. The decision by the Council shall be final.
7-15.070 - Abatement by County.
Upon any failure by the property owner to remove or abate the nuisance w ithin the time specified in
the notice given pursuant to Subsection 7-15.060(a), and provided the declaration of nuisance and order
to abate the same has not been rescinded by the City Council at the hearing conducted pursuant to
Subsection 7-15.060(b), the Enforcement Officer shall, without further order or notice, cause the nuisance
Page 3
to be abated, and for such purpose, the Enforcement Officer and his agents, employees and contractors
are authorized to enter upon the property where such nuisance exists. Not hing herein shall prevent the
property owner from himself abating such nuisance, so long as all weeds, rubbish, refuse, dirt,
obstructions and dangerous materials have been completely removed or destroyed prior to the arrival of
the Enforcement Officer or his representatives to remove the same.
7-15.080 - Account of costs and billing.
The Enforcement Officer shall keep an account of the costs of abating such nuisance upon each
separate lot or parcel of land and shall send a bill for the same, including th e administrative fee, to the
property owner by mail, to the address or addresses to which the original notice of abatement had
previously been sent, which bill shall specify on the face thereof that, in the event of the failure of the full
payment of the same within fifteen days from date of mailing, the amounts set forth in such bill, together
with administration costs, will become a lien against the land and shall constitute a special assessment
and be collected at the same time and in the same manner as general municipal taxes of the City, and a
hearing on such assessment and any objections thereto will be held by the City Council at the time and
place indicated in the billing, and that no other or further notice will be given of such assessment and
hearing other than as set forth on the face of the billing.
7-15.090 - Assessment report and hearing.
The Enforcement Officer shall submit a report to the City Council of all unpaid bills for weed
abatement expenses and administration costs, and a list of the parcels to be assessed for such expenses
and costs. The Council shall conduct a public hearing on the report, at which time any property owner
may object to any matter contained in the report. No notice need be given of such hearing other than the
notice contained in the billing previously sent to the property owner in accordance with Section 7 -15.080.
The City Council shall review the report, hear and determine any objections thereto, and make any
changes therein it deems necessary or proper, after which the Council shall by resolution confirm the
report and assessment as submitted or modified.
7-15.100 - Levy and collection of special assessment.
The cost of abating the nuisance upon the property described in the Enforcement Officer's report,
together with the administrative fee thereon, as finally confirmed by the City Council, shall constitute a
special assessment against each respective lot or parcel of land, and after thus made and confirmed,
shall constitute a lien on such property for the amount of such assessment until paid. A certified copy of
the assessment shall be filed with the County Tax Collector, who shall enter the amounts of such
assessments against the respective lots or parcels of land on the County tax roll upon which general
municipal taxes are to be collected, and the amount of each such assessment shall be collected at the
same time and in the same manner as ordinary municipal taxes, and shall be subject to the same interest
and penalties, and the same procedures for sale in case of delinquency. All laws and ordinances
heretofore or hereafter made applicable to the levy, collection and enforcement of City taxes are hereby
made applicable to such special assessments.
7-15.110 - Summary abatement.
Nothing contained in this Article shall prevent the Enforcement Officer from abating any weed or
rubbish nuisance summarily, without notice to the property owner, pursuant to Article 3 -20 of this Code
where an immediate hazard to the public health, safety or welfare is found by the Enforcemen t Officer to
exist upon any real property in the City. In such event, the collection of abatement costs and levy of the
same as a special assessment shall be conducted in accordance with the procedure set forth in Article 3 -
20 of this Code.
7-15.120 - Violations of Article; penalties.
The violation of any provision contained in this Article shall constitute an infraction, subject to the
penalties as set forth in Chapter 3 of this Code.
Page 1
City of Monte Sereno Code
Chapter 8.02 - WEED AND BRUSH ABATEMENT
Sections:
8.02.010 - Reserved.
8.02.020 - Weeds, brush, rubbish and other hazardous material; accumulation prohibited.
No owner, agent, lessee or other person occupying or having charge or control of any building, lot or
premises within the City of Monte Sereno shall permit weeds, brush, dirt, rubbish, rank growths and other
hazardous material to remain upon said premises, or public sidewalks, or streets, or alleys between said
premises and the centerline of any public street or alley.
(Ord. 154 § 1 (part), 2007)
8.02.030 - Definitions.
As used in this Chapter:
A. "Brush" means and includes a wood, perennial plant usually with multiple stems and trunks which
are known to have high oil, high resin, or low moisture contention in their leaves and branches and
any other combustible vegetation.
B. "Dirt" means and includes any artificial accumulation of earth of a size, shape or composition to
constitute a hazard to the public health or safety.
C. "Rubbish" means and includes all waste paper, wood, cardboard or other flammable material of any
kind which endangers the public safety by creating a fire hazard.
D. "Weeds" means weeds growing upon streets, alleys, sidewalks, or private property in the City of
Monte Sereno including, but not limited to, the following:
1. Weeds which bear or may bear seeds of a downy or wingy nature;
2. Weeds, grasses and brush which may soon attain such large growth as to become, when dry, a
fire menace;
3. Weeds which are otherwise noxious or dangerous;
4. Poison oak or poison ivy, when the conditions of growth are such as to constitute a menace to
the public health; and
5. Dry grass, stubble, brush, garden refuse, cuttings, limbs and other combustible trash.
(Ord. 154 § 1 (part), 2007)
8.02.040 - Property owner's responsibility to remove weeds and brush.
Every property owner shall destroy or remove from his property such weeds, brush, dirt, rub bish and
other hazardous material dangerous or injurious to neighboring property or the health or welfare of
Page 2
residents of the vicinity, and from abutting sidewalks, and the abutting half of any streets or alleys
between the lot lines as extended.
(Ord. 154 § 1 (part), 2007)
8.02.050 - Resolution declaring nuisance.
Whenever any weeds, brush, dirt, rubbish or other hazardous material are growing, located or
existing upon any private property or properties, or in any sidewalk, street or alley within the Cit y of Monte
Sereno, the City Council shall pass a resolution declaring the same to be a public nuisance, ordering the
Fire Marshal or City Engineer or their representatives to give notice of the passage of such resolution as
hereinafter provided, and stating that, unless such nuisance be abated within thirty (30) days after the
adoption of such resolution, or within the time specified in a written agreement with the Fire Marshal or
City Engineer, or their representatives, whichever time shall be later, by th e destruction or removal of
such weeds, brush, dirt, rubbish or other hazardous material, as hereinafter provided, the City of Monte
Sereno shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and
lands from which, and/or in the front and rear of which, such weeds, brush, dirt, rubbish or other
hazardous material shall have been destroyed or removed. Such resolution shall fix the time and place for
hearing any objections to the proposed destruction or removal of such weeds, brush, dirt, rubbish or other
hazardous material.
(Ord. 154 § 1 (part), 2007)
8.02.060 - Form of notice.
The notice specified in Section 8.02.050 shall be in substantially the following form:
"NOTICE TO DESTROY WEEDS AND BRUSH AND REMOVE DIRT, RUBBISH AND OTHER
HAZARDOUS MATERIAL
"NOTICE IS HEREBY GIVEN that on ;daterule; 20 ____________, pursuant to the provisions of Section
8.02.050 of the Monte Sereno Municipal Code, the City Council has ad opted a Resolution declaring that
weeds, brush, dirt, rubbish and/or other hazardous materials are present in such a manner as to
constitute a public nuisance and that the removal of this nuisance is important enough to the public safety
that abatement.
"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 [City Manager or City
Engineer] or their representatives, whichever time shall be later, destroy or remove all such weeds, brush,
dirt, rubbish and other hazardous material 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 there of as
extended, or such weeds, brush, dirt, rubbish and other hazardous material will be destroyed or removed
and such nuisance abated by the City of Monte Sereno. Should the City be required to abate the
nuisance, the cost of such destruction or removal w ill be assessed upon the lots and lands from which, or
from the front or rear of which, such weeds, brush, dirt, rubbish or other hazardous material shall have
been destroyed or removed; and such cost will constitute a lien upon such lots or lands until pa id, 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, brush, dirt, rubbish or other
hazardous material are hereby notified to attend a meeting of the City Council of the City of Monte
Sereno, to be held at the ____________, on ;daterule;, 20 ____________, at ____________ p.m., when
and where their objections be heard and given due consideration."
"Dated this ____________ day of ;daterule;, 20 ____________.
_____(City Clerk, City of Monte Sereno)
Page 3
Such notice shall be posted in three (3) prominent places in the City of Monte Sereno at least ten
(10) days prior to the time fixed by the City Council for hearing objection s.
(Ord. 154 § 1 (part), 2007)
8.02.070 - Hearing.
At the time stated in the notice, the City Council shall hear and consider any and all objections to the
proposed destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material, a nd may
continue the hearing from time to time. The City Council, by motion or resolution, shall allow or overrule
any and all objections, if any, after which the City Council shall thereupon be deemed to have acquired
jurisdiction to proceed and perform the work of destruction or removal of said weeds, brush, dirt, rubbish
or other hazardous material. The decision of the City Council shall be final and conclusive.
(Ord. 154 § 1 (part), 2007)
8.02.080 - Order to abate nuisance.
The City Council shall, by resolution, order the City Manager or City Engineer or their
representatives, to abate such nuisance, or cause the same to be abated by having the weeds, brush,
dirt, rubbish or other hazardous material referred to destroyed or removed by cutting, discing, chemical
spraying, or any other method determined by the City Council; and the City Manager and their deputies,
assistants, employees, contracting agents or other representatives, are hereby expressly authorized to
enter upon private property for that purpose. Any property owner shall have the right to destroy or remove
such weeds, brush, dirt, rubbish or other hazardous material himself by cutting, discing, chemical
spraying, or any other method determined by the City Council, or have the same destroyed or removed at
his expense, provided that such weeds, brush, dirt, rubbish or other hazardous material shall have been
removed prior to the arrival of the City Manager or their authorized agents or representatives, to remove
them.
(Ord. 154 § 1 (part), 2007)
8.02.090 - Account and report of cost.
The City Manager or his or her authorized agents or representatives, shall keep an account of the
cost of abating such nuisance and embody such account in a report and assessment list to the City
Council, which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of
land by description sufficient to identify such lot or parcel, together with the expenses proposed to be
assessed against each separate lot or parcel of land.
(Ord. 154 § 1 (part), 2007)
8.02.100 - Notice of report.
The City Clerk shall post a copy of such report and assessment list in three (3) prominent places in
the City, together with a notice of the filing thereof and of the time and place when and where it will be
submitted to the City Council for hearing and confirmation, notifying property owners that they may
appear at such time and place, and object to any matter contained therein. A like notice shall also be
mailed to the property owners liable to be assessed for the abatement. The posting and mailing of said
notice shall be made and completed at least ten (10) days before the time such report is submitted to the
City Council. Such notice, as so posted and mailed, shall be substantially in the following form:
Page 4
"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEEDS, BRUSH, DIRT, RUBBISH
AND OTHER ABATEMENT"
"NOTICE IS HEREBY GIVEN that on ;daterule;, 19 ____________, the City Manager or City Engineer
filed with the City Clerk a report and assessment on abatement of weeds, brush, dirt, rubbish, and other
hazardous material within said City, one copy of which is posted on the bulletin board near the entrance
door at the City Office."
"NOTICE IS FURTHER GIVEN that on ;daterule;, 19 ____________, at ____________ P.M. at the said
report and assessment list will be presented to the City Council of said City for consideration and
confirmation; and that any and all persons interested, having any objections to said report and
assessment list, or to any matter or thing contained therein, may appear at said time and place and be
heard."
"Dated this ____________ day of ;daterule;, 19 ____________.
_____(City Clerk, City of Monte Sereno")
(Ord. 154 § 1 (part), 2007)
8.02.110 - Hearing and confirmation.
At the time and place fixed for receiving and considering such report, the City Council shall hear the
same, together with any objections which may be raised by any of the property owners liable to be
assessed for the work of abating such nuisance, and the City Manager or City Engineer or their
representatives shall attend such meeting with his record thereof, and, upon such hearing, the City
Council may make such modifications in the proposed assessment as it, by motion or resolution deems
reasonable and necessary, after which such report and assessment list shall be confirmed.
The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or
parcels of land respectively referred to in such report, shall constitute special assessments against such
respective lots or parcels of land, and after so made and confirmed, shall const itute a lien upon such
property for the amount of such assessment, until paid.
(Ord. 154 § 1 (part), 2007)
8.02.120 - Collection on tax roll.
On or before August tenth of the year in which the report is confirmed by the City Council, the City
Clerk shall cause a certified copy of said confirmed report to be filed with the County Auditor, in order that
the County Auditor may enter each such assessment on the County tax roll opposite the parcel of land
referred to. Thereafter, such amounts shall be collecte d at the same time, and in the same manner, as
general City taxes are collected, and shall be subject to the same penalties and interest, and the same
procedure and sale in case of delinquency as provided by law for City taxes. All laws and ordinances
applicable to the levy collection and enforcement of City taxes are hereby made applicable to such
special assessments.
(Ord. 154 § 1 (part), 2007)
8.02.130 - Applicable laws.
This Chapter is adopted pursuant to the provisions of Sections 39501 and 39502 of the Government
Code of the State of California, as an alternative and additional remedy to those otherwise promoted by
law, or ordinance of the City of Monte Sereno.
Page 5
(Ord. 154 § 1 (part), 2007)
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Santa Clara County
Ag
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1553 B e r g er D rive #1 San J o se, CA 95112
Ph
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(
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282-3145 F a x: (408) 286-2460
S CC
.
W eed A b at e m en t @ A E M.scc g o v .o rg
Fi
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Ca
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s p ri
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ta
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as
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.
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.
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n
t
y
ad
m
in
i
s
tr
a
t iv
e
f
ee
.
A
l
l
fe
e
s
w
i
l
l b
e i
n c l ud
e
d
i
n y
ou
r
p
r
op
e
r
t
y
ta
x
b
i
l
l .
Ou
r
G
o
a
l
I
s
V
o
l
u
n
t
a
r
y
C
o
m
p
l
i
a
n
c
e
Pr
o
p
e
rt
y
O
w
n
e r ’s
R
e
s
po
n
s
ib
l
i
l
it
i
e
s
•
Do
n
o
t
a
ll
o
w
a
fi
re
h
a
z
ar
d
t
o e
x
is
t o
n
y
ou
r
p
r
o
pe
r
t
y
. T
h
e
Mi
n
i mu
m
F
i
r
e
S
a
f
e ty
S
t
a
n
d
ar
d
s
(
M
F
S
S
)
i
n
t
h
i
s
b
r
o
c
hu
r e
gi
v
e y
o u g
u id
el
i
n es
t
o
fo
l
l ow
in
or
de
r
t
o ma
i
n ta
in
y
ou
r
pr
o
p
er
t
y
a
n
d
p
r
ot
e
c t
a
g
a
i
n
s
t
a
f
i
r
e h
a
z a rd
.
Pl
e
a
se
c
o
n
t
ac
t
ou
r
o
f
f
i
c
e
i
f
y
o
u
ne
e
d
g
u
i
d
a nc
e
o
r h
a
v
e
a
n
y
q
u
e
s
t
i
on
s
re
g
a
r
d
i
n
g
t
h e
r
e
q
u
i
r
e
m
e
n
t
s !
• Ma
k
e ar
r
a
ng
e
m en
t
s
t
o
h
a v e y
o ur
p
r
o
pe
r
t
y
ma
i
n ta
i
n
ed
th
r
o
u
g h ou
t
t
h
e
y
ea
r
.
C
o
n
t
r
a c t or
s
c
an
b
e
f
o
un
d
i
n t
h
e
y e ll
o
w
p
a
ge
s
.
Y
ou
m
a
y
c
h o o s e t
o
h
a
v
e
t
h
e
C
o
u
n
t
y
c on
t
r
a
c
t or
m
a
in
t
a i n y
ou
r
p
r
o
p
e
r
t
y
.
A
c
u rr
e
n
t
p
r
i
c
e
l
i
s t i
s
in
c
l ud
ed
in
y
o ur
p
a c k e t.
• Pl
e
a s e c
o m p le
te
a
n
d
r
e
tu
r
n
t
h
e
R
ep
l
y
F
o rm
pr
o
v
id
ed
i n
y ou
r
m
a
il
i
ng
pa
c
k e t
b
y
t
h
e
d
a te
o
n
t
he
f
o rm
.
In
d
i c a te
y ou
r
pr
e
f
e
r
en
c
e
r
e
ga
r
di
n
g p
e
r
fo
r
m
an
c
e o
f
w
e
e
d a
ba
t
e m en
t
se
rv
i
c e s .
Pr
o
g
r
a
m
S
t
a
f
f
R
e
s
p
o
n
s
i
b
i
l
i
t
i
e
s
•
W
e
e
d A
b
at
e
m e n t I
n
s
pe
c
to
r
s
w
i
l
l p
e r f or
m
pe
r
i
od
i
c
in
s
pe
c
ti
on
s
o
n
a
l
l
pa
r
c
e ls
i
n
c
l ud
ed
i
n t
h
e
S
an
t
a
C
l
ar
a
Co
u
n
t
y
W
e
ed
A
b a t em
e
n t
P
r
og
r
a
m .
Pr
o
p
e
r
t
i es
t
h
at
f
a il
t
h
e
in
i
t
ia
l
in
s
p ec
ti
o
n
w
i
ll
b
e c
ha
r
ge
d
a
n
i
n
s pe
c
ti
o
n
fe
e
, e
v
e n i
f
th
e
r
e s i de
nt
c
o m p l e te
s
t
h
e
w
e
ed
ab
a
te
m
e
nt
.
•
I
n
s
pe
c
to
r
s
w
i
ll
o
r
de
r
t
he
C
o
un
t
y
c
o nt
r
a
c
t or
t
o p
e rf
o
r
m a
l
l
ne
c
es
s a ry
a
b
a
t
em
en
t
w
o
r
k
o
n a
n y p
a rc
el
w
h
e
r
e
t
he
M F SS
ar
e
n
o t
me
t
.
A
n
at
t
e mp
t
w
i
l
l
b
e
m
a
de
t
o
g
i v e t
h
e
o
w
ne
r
a
c ou
r
t
e
s
y n
o
t
i
c
e p
r
i
o r
t
o
in
i
t ia
l
a
ba
t
em
en
t
.
•
O
n
p
r
o
pe
r
t
i es
w
h
er
e
t
he
MF
S
S
h
a v e b
e
en
me
t,
b
u t
a
fi
r
e
ha
z
ar
d
s
t i ll
ex
is
ts
,
t
h
e
A
g ri
c
u lt
ur
a
l
C
o mm
is
s i on
e
r
’
s
O
f
f
i c e
wi
l
l
s
e n d a
le
t
t er
t
o t
h
e
ow
n
e
r
s
pe
c
if
y
i ng
a
d d i ti
o
n a l w
o
r
k
th
a
t
ne
ed
s
t
o
b
e
p
e rf
o
r
m
ed
.
• T
h
e
C
ou
n
ty
c
on
t
r
a c t or
u
s
es
s
e v e ra
l
m
e
t
ho
d
s
of
a
ba
t
e m en
t
in
c
l ud
in
g
d
i
s
c i n g a
nd
h
a n d wo
r
k
.
T
h
e
pr
o
p
er
t
y
o
w
n
e
r
i
s
f
r ee
to
s
e le
c
t w
ha
t
ev
er
m
e
t
ho
d
t
h
ey
c
ho
o
s e ,
p
r
o
v
id
ed
th
e
M
F SS
of
a
ll
f
ed
e
r
al
,
s
t at
e
a
n
d
l
o
c
a l
l
a ws
a
r
e
m
e
t
.
•
T
h
e
A
g
r
i
c
u lt
u
r
a
l Co
m
m
i
s
s i o ne
r
’
s
O
ff
i
c
e w
i
l
l p
l ac
e
i
n s p ec
ti
o
n
c o s t s a
n
d
t
h
e
c
ha
r
ge
s
f
o
r
C
o
un
t
y
c
o nt
r
a
c
t or
s
e rv
ic
es
p
l us
a
Co
u
n
t
y
a
d m i ni
s
t ra
ti
v
e f
e
e
o
n t
h
e
pr
o
pe
r
t
y
o
w
n
e r’
s
t
a
x
bi
l
l
du
r
i
n
g
t
he
ne
x
t
f
i s c a l
y
ea
r
.
Bu
r
r
o
w
i
n
g
O
w
l
s
Fr
e
q
u
e
n
t
l
y
A
s
k
e
d
Q
u
e
s
t
i
o
n
s
Q.
W
h
y
h
av
e
I
r
e
ce
i
v
e d
an
A
b
a
t
e m en
t
N
o ti
c
e
?
A.
T
y
pi
c
a ll
y
,
a
pr
op
e
r
t
y
i
s
p
l ac
ed
on
t
h
e
p
r
og
r
a
m i
f
a
W
e
e
d
Ab
a
t
e
m e n t
I
n
s
p e c to
r
i
d
e
n
ti
f
i
ed
a
p
o
t
e
n ti
al
f
i
r
e h
a
z
ar
d
o
n
t
h e
pr
o
p
er
t
y
.
F
i
r
e
D
e
pa
r
t
m
en
t
s
a
n
d
o
t
he
r
a
g
en
c
ie
s
a
l
s
o s
ub
m
i
t
c o mp
l
a in
t
s
t
o t
he
Ag
r
i
c
u lt
ur
a
l
C
o m m i s s i on
e
r
’
s
O
f
f
i
c
e .
Q.
W
h
a
t
i
s r
e
q
u
i
r
e d
o
f
m
e n
o
w
t
h
at
I
a
m
o
n
t
h
e
P
r
o
g ra
m
?
A.
A
l
l
p
r
o
p
er
t
y
o
w ne
r
s
a
r
e
r
e
q
u
ir
e
d t
o
m
a
in
t
a in
t
he
i
r
p
r
o
p
e
r
t
y
fr
e
e
of
f
i
r
e h
a z a rd
s t
h
r
o
u
g
ho
ut
t
he
y
ea
r
.
Th
e
s
e
s
m a ll
ow
l
s
ne
s
t
i
n
a
b
an
do
ne
d
g
r
o
u
nd
s
q ui
r
r
e
l
bu
r
r
o
w
s
.
D
i
s
c i ng
c
o ll
a
ps
es
t
h
e
b
u rr
o
ws
a
n
d
k
il
l
s
t
he
y
o un
g
.
Th
e
s
e
o
w
ls
a
r
e
li
s
t ed
a
s
a
s
t at
e
S
p
ec
ie
s
o
f
S
pe
c
ia
l
C
o
n
c er
n
an
d
ar
e
pr
o
t
ec
te
d
by
t
h
e
fe
d
e ra
l
M
i
gr
at
o
r
y
B
i
r
d
T
r
e
a
ty
A
c
t.
I
f
y ou
s
u s pe
c
t
b
u rr
o
wi
n
g
ow
l
s
o
n
y
o ur
pr
o
p
er
t
y
y
ou
mu
st
u
s
e
an
o
t
he
r
fo
r
m
o
f
w
ee
d
ab
at
e
m e n t
s
u c h a
s
m
o
w
i
ng
or
w
ee
d
ea
t
i
ng
.
I
f
y
o
u
r
e
q
u e st
t
h
e
C
o
u
n ty
p
e
r
fo
r
m
ab
a
te
me
n
t
s e rv
ic
es
,
p
l
e
a
s
e n o ti
f
y
p
r
og
r
a
m s
t
a
f
f
or
y
o
u
r
C
i
t
y
i
f b
u rr
o
w
i
n
g
o wl
s a r e k
n
o wn
to
e xi
st
o n
yo
u
r
p r op
e
r ty
.
Mo
r
e
F
A Q:
Q.
W
h
a
t
i
s t
h
e
S
C County Weed Abatement Progr am?
A.
T
h
i
s
i
s
a
m
o
nit o ring pro g ram and our pri m ary ob jec t iv e
is
v
o lu
n
t
ar
y
c
o m p lianc e . Se e t h e fir s t two p a ragr ap h s of
th
i
s
b
r
o
c
h u re
f
o r f u rther s pec ific s .
Q.
H
o
w
l
o
n
g
w
i
l
l
I be on t h e Progr a m ?
A.
Y
o
u
r
p
r
op
e
r
ty will rem a i n on t he Pro g ram f o r t h re e
y ea
r
s
. I
f
n
o
h
a
z
ards are foun d durin g tha t time y our
pr
o
p
er
t
y
m
a
y
b
e r e mov e d fro m t he progr am.
Q.
H
o
w
m
u
c
h
w
i
l
l
t
h
i
s
cost me?
A.
T
h
e
r
e
w
i
l
l
b
e
n
o
c
o s t to y ou if the Minimum Fire Safety
St
an
d
a
r
d
s
(
M
F
S
S
)
a
r e met by t he given deadline and m a int a ined
t h ro
u
g
h
t
he
f
i re
s
e
a
s
on by t he C ount y. I f t he parcel does not meet
t he
M
F
S
S
w
h
e
n
i
t
is f i rst inspect ed in t he spring, or if work is
re
q
u
i
r
e
d
b
y
t
h
e
C
o
u
n ty contractor , you will be charged a fe e. Our
go
a
l
i
s
t
o e
n su
r
e
t
h at t he MFSS are m e t at t he lowest po s s ible
co
s
t
t
o t
he
p
r
o
p
e
r
t
y owner .
Q.
H
o
w
w
i
l
l
I
b
e
b illed ?
A.
S
h
o
u
l
d
t
he
p
a
r
c
e
l
f a il t he init ial inspect i on, t he charges f o r t he
in
s
p
e
c
t
i
o
n
a
n
d
a
n y abatement work performed will appear as a
sp
e
c
i
a
l
a
s
s
e
ss
m
e
n
t
o
n
y
o
u
r
n
e
x
t
p
r
o
p
e
r
t
y
t
a
x
b
i
l
l
.
Q.
W
h
y
h
a
v
e
y
ou performed work on my prop erty
wh
i
l
e
t
h
e
v
e
ge
t
a
t
i on is still gree n?
A.
G
r
a
s
s , w
e
e
d
s
or pil e s of c o mbu s tible d ebris h a v e bee n
de
c
la
r
e
d
a
p
u
bl
i
c
nuis anc e by y our j u ris d ic tio n . A bati n g fire
ha
z
ar
d
s
i
n
t
h
e
s
p ring t o m i ni miz e v o lu me of c o m bus t i ble
ma
t
e
r
i al
h
e l p s u
s
t o be mor e effec t iv e durin g the p eak fir e
s ea
s
on
.
Q.
W
i
l
l
y
o
u
n
o
t
i
f y me pri o r to beginni ng ab ate m ent
wo
r
k
?
A.
P
r
o
p
e
r
t
y
o
w
n
e rs are res pons i b le for prev e n ti n g fire
ha
z
ar
d
s
o
n th
e
i r p r operty . If the M F SS hav e b een m e t, b u t
fu
r
t
h
e r
w
o
r
k
i
s
nec es s a ry , y ou will rec e iv e not ic e pri o r to
th
e
C
o
un
t
y
c
o ntra c t or perf o rmi n g th e work . If the MF SS
ha
v
e
no
t
b e e n met, a n att e mpt wil l be mad e to give the
ow
n
e
r
a
c
ou
r
t
e s y notic e pri o r to in iti a l a bat em ent.
Q.
W
h
e
r
e
c
a
n
I find so meon e to provid e a b ate m ent
se
r
v
i
ce
s
?
A.
W
e
e
d A
b
at
e
m ent c ontrac t ors c an be fo und i n th e
Ye
l
l
o
w
P
a g e s u
n
d e r “W eed Co ntrol Serv ic es ” or “D isc i ng
Se
r
v
ic
es
”. Y
o
u
m
a
y
hav e th e Cou n ty c ontrac t or p e r f orm
th
e
ne
c
es
s a ry
w
o
r
k
; s ee y our ma ili n g pac k e t f o r a c u r r ent
pr
i
c
e
l
i
s
t
as
a
d
min i s t rativ e c o s t s are c harged .
Q.
H
o
w
c
a
n
I
g e t additi onal info rmation or assist a nce
re
g
a
r
d
i
n
g
t
h e
sp
ecifi c requir e men t s for my propert y?
A.
W
e
e
d
A
b
a
t em
ent Ins pec t o rs are av ailab l e to as s i s t y o u
an
d
an
s
we
r
y
ou
r
ques ti ons . P l e a s e c a ll our Cus t omer
Se
r
v
ic
e
l
i
ne
a
t
(
4
08) 282-31 45 to s c hedule a c ons u l tati on
wi
t
h
p
r
og
r
a
m s
t af
f or to obt ai n a ddit i o nal inf o rma t io n.
I
M
P
O
R
T
A
N
T
A
n
n
u
a
l
I
n
s
p
e
c
t
i
o
n
N
o
t
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HELPFUL PHONE NUMBERS
Areas of Concern City of Oakland Number
Vegetation Management Program Fire Prevention Bureau (510) 238-7388
Tr ee Removal Permits Tree Assessments (510) 615-5850
Creekside Property Regulations Clean Creek Hotline (510) 238-6600
Report Illegal Dumping (Private Property) Code Enforcement (510) 238-3381
Report Illegal Dumping (Public Property) Litter Enforcement (510) 434-5101
Borrow Gardening Tools Tool Lending Library (510) 597-5089
Other Agencies
Tr ees in Power Lines PG&E (510) 437-2829
Ya rd Trimmings Recycling Service Waste Management of Alameda County (510) 613-8170
Property Records Alameda County Recorder (510) 272-6362
HELPFUL WEBSITES
City of Oakland Fire Department www.oaklandnet.com/oakweb/fire
City of Oakland Watershed Improvement Program www.oaklandpw.com/creeks
Alameda County Website (for property info) www.acgov.org
Websites/web pages with information about native and fire-resistant plants
http://stopwaste.org/home/index.asp?page=395
http://www.oaklandpw.com/creeks/docs/fireplants.doc
www.firewise.org
ANSWERS TO FREQUENTLY ASKED QUESTIONS
Am I required to maintain my property year round?
Yes. Though inspections are generally in the spring and
summer, you are required to keep your property fire-safe
year-round.
Should ivy climbing on my house and trees be removed?
Yes. Ivy and other vines act as a fire ladder and make
your home vulnerable to fire.
How can I avoid the erosion from vegetation removal?
Especially on slopes, don’t remove all vegetation–roots,
grasses, shrubs and trees keep slopes stable.
Can you recommend some fire resistant plants?
Yes. For a guide to Fire Wise Native Plants, go to
www.oaklandpw.com/creeks/living.htm and/or check
some of the websites listed in the “Helpful Websites”
section of this brochure.
I sold this property, so what do I do with this notice?
Please call our office at (510) 238-7388 and the County
Recorder’s office at (510) 272-6362 to correct the records
I don’t use my fireplace. Do I still need a spark arrester?
Yes. All working fireplaces must have a spark arrester as
defined in the Uniform Fire Code.
Does the required 30-foot clearance include ornamental
plants and trees and native plants?
No, but trees and plants must be maintained and limbed.
My property includes a creek or stream. Are there any
special fire abatement requirements?
Yes. Vegetation management on creekside property must
protect habitat and not impair water quality. Go to
www.oaklandpw.com/creeks/living.htm to download
Recommendations for Ecologically Sensitive Fire Abatement
Vegetation Management Practices and Firewise Native Plants.
You may need to get a Creek Protection Permit for
maintenance activities on your property. For more infor-
mation, call the City of Oakland Clean Creek Hotline at
(510) 238-6600.
Where are my address numbers required to be?
Your address numbers must be posted on the building
and visible from the street.
T he height of fire season is just around the corner. Property owners
have a YEAR-ROUND responsibility and obligation to maintain the
vegetation on their property in a condition that will not contribute to
the spread of a fire. Effective fire prevention measures can keep fires from
starting, and reduce hazards that could threaten your property and your
neighbors’ property should a wildfire occur.
Inside, find information about the Oakland Fire Department’s Vegetation
Management Program to assist you in complying with property maintenance
regulations designed to protect Oakland from the threat of wildfire. The
General Compliance Standards on the next page outline minimum vegetation
management and fire hazard abatement requirements, and are the guidelines
used by the Fire Department to determine compliance with City regulations.
New Fire Assessment District
In 2003, Oakland voters approved a
new Fire Assessment District to fund
fire prevention activities. Thanks to
these new funds, the City of Oakland
will be able to undertake high quality
inspection and public education
campaigns and other activities de-
signed to prevent costly and damaging
wildfires. The Vegetation Management
Program will be able to target problem
areas for environmentally-sensitive fire
prevention activities that diminish the
threat of fire while maintaining hillside
and creekside habitat values and
preventing erosion, keeping our
waterways, lakes, and bay clean.
More questions? Call the Fire Prevention Bureau at (510) 238-7388.
About Compliance
Beginning June 15, of each year, the Oakland Fire Prevention Bureau will
begin inspecting properties to determine compliance with the regulations
outlined in the General Compliance Standards. Your property must be
in compliance with these standards by June 15 of this year.
If your property is not in compliance with the Uniform Fire Code 1103.2.4 at the time of the initial inspection,
you will be issued an official Notice of Violation, and your property will be reinspected. Properties that are
not in compliance on or after reinspection will be assessed a $200 reinspection fee, and the City will immedi-
ately initiate action to have the property brought into compliance. A tax lien will be placed on the property in
an amount equal to the cost of the work performed, plus the $200 reinspection fee and administrative fees, if
not previously paid. No extensions will be granted.
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Flammable Plants
You may be surprised to learn that
some of the most common land-
scaping plants, such as juniper,
Scotch broom, Algerian ivy, bamboo,
and pampas grass, are highly flam-
mable. Some native plants, too, are
considered highly flammable. It is
important to retain native plants
whenever possible: in some cases
these plants are endangered and it
could be a violation of federal law to
remove them. For more information,
download flyers with native plant
info at www.oaklandpw.com/
creeks/living.htm.
COST-EFFECTIVE VEGETATION MANAGEMENT TIPS
Spare yourself the time and expense of clearing your lot each year by landscaping in a low-maintenance,
environmentally-friendly, and fire-resistant way. The following ideas, if implemented, can: save you money
on landscaping (and re-landscaping); reduce your water bill; prevent erosion and topsoil runoff; and maintain
habitat and water quality for the flora and fauna native to Oakland and the East Bay hills.
Spacing
•Group types of plants together based on similar height/water requirements.
•Space trees 10 feet apart.
Plant Type Selection and Maintenance
•Favor native, fire resistant, and drought tolerant plants.
•Remove/do not plant highly flammable plants.
•For a list of appropriate species to plant—and which flammable species to
remove—go to www.oaklandpw.com/creeks/living.htm.
Irrigation
•Choose native vegetation which generally requires little or no irrigation
after the first two years.
•Install drip irrigation for more efficient water use.
Erosion Control
•Do not remove all vegetation from property or in the rainy season.
•Do only selective removal or trimming on sloped properties.
SPECIAL CONSIDERATIONS FOR CREEKSIDE PROPERTIES
The City of Oakland Creek Protection Ordinance regulates activity in creekside
areas to protect water quality and habitat. Generally,
creekside property owners
must obtain a creek protec-
tion permit prior to any
work on their property;
however, if the guidelines
pictured (right) are followed,
no permit may be necessary.
Following are some issues for
creekside property owners to
consider while they comply
with the Vegetation Manage-
ment Program requirements. Please call
the Clean Creek Hotline for more information
or if you have any questions.
Planting on a Slope or Creek Bank
•You do not need to completely clear a slope or creek bank of vegetation
to make it fire safe and comply with the Fire Code.
•Removing plants from sloped land can cause erosion and landslides; when a hillside erodes,
sediment running into a creek can cause severe water quality problems.
Know Your Plants
•Don’t mistakenly remove a valuable—or federally protected—native plant. For help identifying plants,
call the Clean Creek Hotline.
Tr ees
•Trim trees from the ground up to ensure that a canopy still shades the creek, cooling the water and
fostering healthy habitat and water quality.
Questions?
Call the Clean Creek Hotline
at (510) 238-6600.
The standards listed below for developed and vacant lots are enforced by the
Fire Department year-round pursuant to the Fire Code 1103.2.4. You can be
cited at any time for non-compliance. If you have any questions about these
standards or how they effect your property, please call the Fire Prevention
Bureau at (510) 238-7388.
GENERAL COMPLIANCE STANDARDS
Standards for Developed Lots (lots with a building/structure)
1 Keep a 30-foot defensible space around all buildings/structures.
2 Additional defensible space outward to 100 feet from all buildings and surrounding,
neighboring structures may be required depending on the property slope, fuelload
and/or fuel type.
3 Keep a 10-foot minimum clearance next to the roadside; more may be required.
4 Remove all portions of trees within 10 feet
of chimney and/or stovepipe outlets.
5 Keep trees adjacent to or overhanging a
structure free of dead/dying wood.
6 Keep roofs free of leaves, needles,
or other dead/dying wood.
7 Install a spark arrester on chimney
and/or stove pipe outlets.
8 Provide street address numbers on the
building/structure that are clearly
visible from the roadside, minimum
height: two inches.
9 Remove all tree limbs within six feet of the
ground.
10 Remove dead/dying vegetation from property.
Standards for Vacant Lots 1/2 acre or less
•Clear entire lot of flammable vegetation (may not include native/ornamental
plants) to a height of six inches or less. But, to prevent erosion, do not leave the ground bare.
•Keep a 10-foot minimum clearance next to the roadside (more may be required).
•Remove dead/dying vegetation from property.
•Remove all tree limbs within six feet of the ground.
Standards for Vacant Lots greater than 1⁄2 acre
•Provide a minimum clear width of 30 feet around property line perimeter.
•Additional defensible space outward to 100 feet along the perimeter of vacant lots adjacent to neighboring
structures may be required depending on the property slope, fuel load and/or type.
Defensible Space
Regulations require you to
remove fuel (overgrown or
dead/dying vegetation)
from the space between
the structures on your
property and any
unmaintained vegetation.
Without defensible space,
your property is at much
greater risk of loss in the
event of a fire.
Tree Preservation/Removal Permits
Permits ($45) are required to remove any oak tree over four inches in diameter, and any other protected tree over nine
inches in diameter with the exception of eucalyptus, which may be removed without a permit. If you are considering remov-
ing eucalyptus trees, be aware of the potential erosion and habitat impacts of tree removal. In some cases, tree removal may
not be recommended. For a Tree Removal Permit, call Oakland Parks and Recreation at (510) 615-5850. If you wish to
remove a tree due to a construction project rather than as part of fire abatement compliance, you must contact Oakland’s
Zoning Department at (510) 238-3911. Additional requirements and fees apply.