HomeMy WebLinkAbout101-Weed Abatement Public Hearing.pdf
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Resolution Declaring a Public Nuisance as to Specified Properties Containing
Hazardous Vegetation (Weeds)
RECOMMENDED ACTION:
Conduct public hearing and adopt resolution.
REPORT SUMMARY:
The attached resolution represents the second step in Saratoga’s Hazardous Vegetation
Abatement Program administered by the Office of the County Agricultural Commissioner. The
Commissioner has sent owners of the parcels requiring weed abatement a notice informing them
that the weeds must be abated, either by the owners or if not done by the owners in a timely
manner, then by the County. The notices also informed them that they may present objections at
the January 21, 2009 public hearing scheduled before the City Council.
A representative from the Office of the County Agricultural Commissioner will be attending the
meeting to answer any questions Councilmembers may have on this proposed resolution as to the
specific properties involved.
FISCAL IMPACTS:
None to the City. County recovers its costs from administrative portion of fee charged to
property owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Abatement process by the County will not proceed. It would be necessary to depend upon the
property owners to take care of their own abatement.
ALTERNATIVE ACTION:
None
FOLLOW UP ACTION:
Upon adoption of the proposed resolution and pursuant to City Code Section 7-15.060, the
County will send one additional notice to the owners of the properties to abate the hazardous
vegetation nuisance on their property or demonstrate at a public hearing before the City Council
on March 18, 2009 why the City Council should not order the County to abate such hazardous
vegetation nuisance thereafter, at the property owner’s expense.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed written notice to owners of specified property containing hazardous vegetation (weeds)
requiring abatement, and posting of the agenda.
ATTACHMENTS:
Attachment A – Resolution
RESOLUTION NO. 09 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED
PROPERTIES CONTAINING HAZARDOUS VEGETATION
WHEREAS, the Saratoga City Council has declared hazardous vegetation to be a public
nuisance by Resolution No. 08-077 adopted December 3, 2008; and
WHEREAS, the Office of the County Agricultural Commissioner subsequently gave
notice to all property owners of specific properties he had identified as containing hazardous
vegetation (weeds) described by common name or by reference to the tract, block, lot, code area
and parcel number on the report prepared by and on file in the Office of the City Clerk, and of
the County Agricultural Commissioner; and
WHEREAS, said notice informed the owners of the properties specified in Exhibit A
attached hereto that the City Council would hold a public hearing on January 21, 2009 to
consider any protests or objections to the declaration of a nuisance on pre-specified properties so
as to require the owners of these properties to remove the hazardous vegetation or be subject to a
subsequent order for abatement authorizing the County Agricultural Commissioner to perform
the abatement;
WHEREAS, a public hearing on said notice was held on January 21, 2009; and
WHEREAS, final action on any protests or objections to the proposed removal of weeds
has been made by the City Council.
NOW, THEREFORE BE IT RESOLVED, that the hazardous vegetation (weeds) on
the specified properties listed on Exhibit A attached hereto is declared to be a nuisance and the
County Agricultural Commissioner is hereby designated as the person to cause notice to be given
in the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to
thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance
as determined in general by resolution dated December 3, 2008, and as to specified properties as
determined by this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the notice specified in the
preceding paragraph shall require that owners of the properties identified in Exhibit A to abate
the hazardous vegetative nuisance or demonstrate at a public hearing before the City Council on
March 18, 2009 why the City Council should not order the County to abate such hazardous
vegetation nuisance thereafter at the property owner’s expense.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 21st day of January 2009, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chuck Page, Mayor
ATTEST:
Ann Sullivan City Clerk