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HomeMy WebLinkAbout101-Confirmation of Report and Assessment of 2007 Weed Abatement Program & Resolution Ordering the Abatement of a Public Nuisance By Removal of Hazardous Brush.pdfSARATOGA CITY COUNCIL MEETING DATE: July 18, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Confirmation of Report and Assessment of 2007 Weed Abatement Program & Resolution Ordering the Abatement of a Public Nuisance By Removal of Hazardous Brush RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolutions. REPORT SUMMARY: Confirmation of Report and Assessment of 2007 Under State and local laws, local governments routinely abate the seasonal hazardous vegetation on undeveloped property. For the County and several cities, including Saratoga, this hazardous vegetation abatement program is administered by the Office of the Agricultural Commissioner. In many cases, property owners find it convenient to have the government take care of the weed removal and to pay through a property tax lien. This past year, the County performed abatement on parcels on the attached list in Saratoga.(Attachment A). Tax liens and assessments on the owners of these parcels totaled $3,687.50. In order to recover this cost, it is necessary for the Council to adopt a resolution (Attachment B) confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. 2007 Brush Abatement The second resolution (Attachment C) represents the second step in Saratoga’s Brush Abatement program administered by Office of the Agricultural Commissioner. The County has sent owners of the parcels requiring brush abatement notices informing them that the brush must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight’s public hearing. Moe Kumre, Weed Abatement Program Coordinator from the County of Santa Clara Office of the Agricultural Commissioner Agriculture and Environmental Management, will be attending the meeting to answer any questions Councilmembers may have on this topic. FISCAL IMPACTS: Assessment of 2007 None to the City if resolution is adopted. The City may be liable for work performed by contractor for any assessments not levied. 2007 Brush Abatement None to the City. The County recovers its costs from administrative portion of a fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Send a certified copy of the adopted resolutions to Moe Kumre, Weed Abatement Program Coordinator, County of Santa Clara Office of the Agricultural Commissioner Agriculture and Environmental Management, 1553 Berger Drive Bldg #1, San Jose Ca 95112. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News as required by law. The Office of the Agricultural Commissioner mailed notices to all of the affected property owners. ATTACHMENTS: Attachment A – 2007 Weed Abatement Program Assessment Report Attachment B – Resolution Confirming Assessments Attachment C – Letter from Weed Abatement Program Coordinator, Moe Kumre Attachment D – 2007 Brush Abatement Program Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Brush Attachment B RESOLUTION NO. 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENT CHARGES WHEREAS, at a regular meeting held on July 18 2007, the Office of the Agricultural Commissioner submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2007 Weed Abatement Program, Assessment Report, City of Saratoga, prepared by the Office of the Agricultural Commissioner, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 18th day of July 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment D RESOLUTION NO. 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH WHEREAS, the Saratoga City Council has declared hazardous brush growing on certain properties to be a public nuisance by Resolution No. 07-032 adopted June 6, 2007; and WHEREAS, the Office of the Agricultural Commissioner did give notice to all property owners of land on which hazardous brush has been declared a public nuisance are growing; and WHEREAS, a public hearing on said notice was held on July 18, 2007; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE, IT IS ORDERED that the Office of the Agricultural Commissioner shall cause the abatement of hazardous brush as designated by resolution dated June 6, 2007, by having said vegetation destroyed or removed, and any property owner shall have the right to destroy or remove such hazardous brush himself or herself, or have the same destroyed or removed at his or her own expense, provided that such vegetation shall have been removed prior to the arrival of the Office of the Agricultural Commissioner or his authorized representative to remove them. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 18th day of July 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk