HomeMy WebLinkAbout101-Staff Report and Resolution.pdf
SARATOGA CITY COUNCIL
MEETING DATE: June 3, 2009 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Resolution Ordering the Abatement of a Public Nuisance by Removal of
Hazardous Vegetation (Brush)
RECOMMENDED ACTION:
Open public hearing; listen to public testimony; and close public hearing. Adopt resolution
overruling objections and ordering hazardous vegetation abatement (brush).
REPORT SUMMARY:
The focus of this program is the identification of perennial vegetation, brush, trees, and shrubs in
designated high fire hazard areas and removal according to fire department requirements to
lower the threat of wildfire in the hillside areas.
The required posting and publishing for this hearing has been done. Property owners have been
noticed by mail by the Santa Clara County Fire Department to remove brush in accordance with
fire safety standards. Those properties not in compliance are listed in Attachment D. Council is
considering authorizing the Office of the Agricultural Commissioner to enter such properties,
abate the nuisance and place the cost of abatement on a lien against their property. This hearing
is an opportunity for those objecting to the potential charges to come forward and be heard.
The City annually declares hazardous vegetation (brush) a nuisance due to fire danger and enters
into a contract (along with other municipalities) with the Office of the Agricultural
Commissioner to abate the hazardous vegetation (brush) not removed by property owners.
FISCAL IMPACTS:
None to the City. Office of the Agricultural Commissioner covers its costs from administrative
portion of fee charged to property owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Abatement process by the Office of the Agricultural Commissioner 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, the Office of the Agricultural Commissioner will begin abatement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hearing was published in the Mercury Newspaper as required by law.
ATTACHMENTS:
Attachment A – Resolution
Attachment B – Letter from Santa Clara County Fire Department to property owners
Attachment C– Legal Notification to Public
Attachment D – 2009 Brush Program Commencement Report
RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by the
Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from
which they are removed if the owners thereof fail to do so; and
WHEREAS, the County Fire Marshall has given Notice to all property owners found in non-
compliance; and
WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted a public
hearing this date with respect thereto, at which time all property owners having any objections to the
proposed destruction or removal of such attest:
RESOLVED, by the City Council of the City of Saratoga hazardous vegetation (brush) is
declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost
thereof made a lien upon the private properties from which they are removed if the owners thereof fail to
do so, and a hearing was held on June 3, 2009, during which all property owners having any objections to
the proposed destruction or removal of such hazardous vegetation (brush) were heard and given due
consideration; and
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Saratoga, that
hazardous vegetation (brush) is authorized to be abated by the Office of the Agricultural Commissioner
and the cost thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular
meeting held on the 3rd day of June 2009, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
Chuck Page, Mayor
ATTEST:
Ann Sullivan, City Clerk