HomeMy WebLinkAbout101-Weed Abatement Public Hearing.pdfSARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 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 3, 2008 the City Council adopted a Resolution (Attachment B) declaring
hazardous vegetation (weeds) to be a public nuisance. In addition, the adopted December 3,
2008 Resolution set January 21, 2009 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 21, 2009 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 21, 2009 Resolution also set March 18, 2009 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. On November 14, 2008, the County
Agricultural Commissioner mailed a letter (Attachment C) to previously identified property
owners informing them that additional weed abatement work was required on their property.
In addition, the City Clerk of the City of Saratoga mailed a second notice (Attachment E) on
February 26, 2009, to the same property owners informing them of the scheduled March 18,
2009 Public Hearing on the Order for Abatement, whereby the Saratoga City Council would be
providing an opportunity for any person objecting to the declaration of nuisance or the proposed
abatement thereof, to present such objections and the City Council would hear and determine
any objections.
Legal Notice of the Public Hearing on the Order for Abatement has also been duly published in
the 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 F)
Hazardous vegetation (including weeds or other materials) which is not abated on any noticed
property by April 15, 2009, will be removed by the County of Santa Clara Agricultural
Commissioner’s Office and all abatement costs incurred by the County, together with an
administrative fee in the amount of 150% of the costs of the actual abatement, shall be charged
to the property owner. In addition, the owner of any parcel found to be non-compliant as to
abatement of hazardous vegetation on or after April 15, 2009 will be charged an inspection fee of
$298.00 and the property owner will be scheduled for abatement by the County’s contractor. If
the property owner completes the abatement work before the County contractor performs the
abatement, the property owner will not incur further charges. 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, posted at City Hall and mailed
to the property owners affected.
ATTACHMENTS:
Attachment A – Proposed Resolution Ordering Abatement for consideration at March 18, 2009
Council Meeting
Attachment B – Resolution from December 3, 2008 Council Meeting
Attachment C – First Notice mailed to property owners – November 14, 2008
Attachment D – Resolution from January 21, 2009 Council Meeting
Attachment E – Second Notice mailed to property owners – February 26, 2009
Attachment F – Legal Notification to Public