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1 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Public Hearing on Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) RECOMMENDED ACTION: Open public hearing; listen to public
testimony; and close public hearing. Consider any objections to proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties.
Adopt proposed Resolution Ordering Abatement (Attachment A) as to properties listed (with modification(s) if any objections are sustained). REPORT SUMMARY: On December 15, 2010 the City
Council adopted a Resolution (Attachment B) declaring hazardous vegetation (weeds) to be a public nuisance. In addition, the adopted December 15, 2010 Resolution set January 5, 2011
as the public hearing date to take evidence regarding objections to the proposed Declaration of Nuisance as to Specific Properties requiring destruction and removal of hazardous vegetation
(weeds). On January 5, 2011 the City Council adopted a Resolution Declaring Specific Properties to be a Nuisance requiring destruction and removal of hazardous vegetation (weeds) (Attachment
D). That January 5, 2011 Resolution also set March 16, 2011 as the public hearing date to take evidence regarding objections to the proposed Declaration of Nuisance as to Specific Properties
requiring destruction and removal of hazardous vegetation (weeds). The County Agricultural Commissioner serves as the Enforcement Officer for the City of Saratoga as to abatement of
hazardous vegetation. The County Agricultural Commissioner mailed a letter dated December 10, 2010 (Attachment C) to previously identified property owners informing them that additional
weed abatement work was required on their property. In addition, the County Agricultural Commissioner will be mailing a courtesy notice to the previously identified property owner’s
mid March reminding them that additional weed abatement work is required on their property. Legal Notice of the Public Hearing on the Order for Abatement has also been duly published
in the March 1, 2011 Saratoga News, with a list of the properties as to which abatement of
hazardous vegetation is proposed to be carried out by the County Agricultural Commissioner. (Attachment E) If this is the property owner’s first year in the Weed Abatement Program, the
property owner will be responsible for a fee of $41.00 per parcel to cover the cost of creating and maintaining a file in the County’s database. If the property owner fails to complete
abatement work prior to the County inspection of the property, the property owner will be responsible for an inspection fee of $250 per parcel and the property will be scheduled for
abatement by the County contractor. If the property owner completes the abatement work before the County contractor, the property owner will not incur further charges beyond those described
above. If the abatement work is completed by the County contractor, the property owner will additionally be assessed the contractor’s charges plus a County administrative fee of $169
per parcel. Nonpayment of the abatement costs, the inspection fee (if owed) 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. FISCAL IMPACTS: None to the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The abatement
of hazardous vegetation in the City of Saratoga which has not been completed by the property owner will not be conducted by the County Agricultural Commissioner ALTERNATIVE ACTION: None
FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News and posted at City Hall. ATTACHMENTS: Attachment A – Proposed
Resolution Ordering Abatement for consideration at the March 16, 2011 Council Meeting Attachment B – Resolution 10-072 from December 15, 2010 Council Meeting Attachment C – First Notice
mailed to property owners – December 10, 2010 Attachment D – Resolution from January 5, 2011 Council Meeting Attachment E – March 1, 2011 Legal Notification to Public