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HomeMy WebLinkAbout102-Resolution Ordering Abatement.pdf RESOLUTION NO. 11 􀂱 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE WHEREAS, hazardous vegetation (weeds and other materials) has been declared by resolution of the City Council to be a nuisance as to specified properties in the City of Saratoga and public hearings were duly noticed and scheduled for March 16, 2011 for the City Council to consider whether such hazardous vegetation will be ordered abated by the 􀀦􀁒􀁘􀁑􀁗􀁜􀀃􀁒􀁉􀀃􀀶􀁄􀁑􀁗􀁄􀀃􀀦􀁏􀁄􀁕􀁄􀀃􀀤􀁊􀁕� �􀁆􀁘􀁏􀁗􀁘􀁕􀁄􀁏􀀃􀀦􀁒􀁐􀁐􀁌􀁖􀁖􀁌􀁒􀁑􀁈􀁕􀂶􀁖􀀃􀀲􀁉􀁉􀁌􀁆􀁈􀀃􀁄􀁑􀁇􀀃􀁗􀁋􀁈􀀃􀁆􀁒􀁖􀁗􀀃􀁗􀁋􀁈􀁕􀁈􀁒􀁉􀀃􀁆􀁋􀁄􀁕􀁊􀁈􀁇􀀃 to and collected from the owners of the properties from which the hazardous vegetation is removed should the property owners themselves fail to do so prior to April 15, 2011; and WHEREAS, the County Agricultural Commissioner has duly given written notice to all owners of property in the City of Saratoga whose property said Commissioner has found to continue to require abatement of hazardous vegetation; and WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted public hearings on March 16, 2011 with respect to whether such hazardous vegetation will be ordered abated by the County of Santa Clara Agricultural Commissioner and the cost thereof charged to and collected from the owners of the properties from which the hazardous vegetation is removed should the property owners themselves fail to do so prior to April 15, 2011; and WHEREAS, at said public hearings all property owners having any objections to the proposed order for abatement were given reasonable opportunity to object to the proposed order for abatement of hazardous vegetation; and WHEREAS, after consideration of any and all objections to the proposed order for abatement, the City Council overrules any and all objections and finds that the requisite basis for adopting such order for abatement exist. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga that: 1. the recitals set forth above are true and correct; and 2. the hazardous vegetation (weeds and other materials) on the properties listed in Exhibit A attached hereto continues to be declared a nuisance; and 3. the hazardous vegetation (weeds and other materials) on the properties listed in Exhibit A attached hereto is ordered abated by the County of 􀀶􀁄􀁑􀁗􀁄􀀃􀀦􀁏􀁄􀁕􀁄􀀃􀀤􀁊􀁕􀁌􀁆􀁘􀁏􀁗􀁘􀁕􀁄􀁏􀀃􀀦􀁒􀁐􀁐􀁌􀁖􀁖􀁌􀁒􀁑􀁈􀁕􀂶􀁖􀀃􀀲􀁉􀁉􀁌􀁆􀁈􀀃􀁒􀁑􀀃􀁒􀁕􀀃􀁄􀁉􀁗􀁈􀁕􀀃􀀤􀁓􀁕􀁌􀁏􀀃􀀔􀀘􀀏􀀃 2011; and 4. The owner of each of the properties listed in Exhibit A shall owe and be responsible for payment of all abatement costs imposed by the County on 􀁖􀁘􀁆􀁋􀀃􀁒􀁚􀁑􀁈􀁕􀂶􀁖􀀃􀁓􀁕􀁒􀁓􀁈􀁕􀁗􀁜, including but not limited to the following: a. 􀀬􀁉􀀃􀁗􀁋􀁌􀁖􀀃􀁌􀁖􀀃􀁗􀁋􀁈􀀃􀁓􀁕􀁒􀁓􀁈􀁕􀁗􀁜􀀃􀁒􀁚􀁑􀁈􀁕􀂶􀁖􀀃􀁉􀁌􀁕􀁖􀁗􀀃􀁜􀁈􀁄􀁕􀀃􀁌􀁑􀀃􀁗􀁋􀁈􀀃􀀺􀁈􀁈􀁇􀀃􀀤􀁅􀁄􀁗􀁈􀁐􀁈􀁑􀁗􀀃 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 􀀦􀁒􀁘􀁑􀁗􀁜􀂶􀁖􀀃􀁇􀁄􀁗􀁄􀁅􀁄􀁖􀁈􀀞 b. 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; c. If the property owner completes the abatement work before the County contractor, the property owner will not incur further charges beyond those described above; d. If the abatement work is completed by the County County contractor, the 􀁓􀁕􀁒􀁓􀁈􀁕􀁗􀁜􀀃􀁒􀁚􀁑􀁈􀁕􀀃􀁚􀁌􀁏􀁏􀀃􀁄􀁇􀁇􀁌􀁗􀁌􀁒􀁑􀁄􀁏􀁏􀁜􀀃􀁅􀁈􀀃􀁄􀁖􀁖􀁈􀁖􀁖􀁈 􀁇􀀃􀁗􀁋􀁈􀀃􀁆􀁒􀁑􀁗􀁕􀁄􀁆􀁗􀁒􀁕􀂶􀁖􀀃􀁆􀁋􀁄􀁕􀁊􀁈􀁖􀀃 plus a County administrative fee of $169 per parcel . 5. Nonpayment of the abatement costs imposed by the County (including but not limited to those described above) 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. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 16th day of March 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: Ann Sullivan, City Clerk