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