HomeMy WebLinkAboutCity Council Resolution 11-013 RESOLUTION NO. 11— 013
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
County of Santa Clara Agricultural Commissioner's Office 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, 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
Santa Clara Agricultural Commissioner's Office on or after April 15,
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
such owner's property, including but not limited to the following:
a. 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;
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 contractor, the
property owner will additionally be assessed the contractor's charges
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 1 ' day of March 2011, by the following vote:
AYES: Councilmember Emily Lo, Jill Hunter, Vice Mayor Chuck Page,
Mayor Howard Miller
NAYES: None
ABSTAIN: None
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ABSENT: Manny Cappello ■A ,
/ Howard A. Miller, Mayor
ATTEST:
- Ann u livasL -
City Clerk