HomeMy WebLinkAboutCity Council Resolution 16-018 - Overruling Objections & Ordering Abatement of Hazardous Vegetation (Weeds)RESOLUTION 16-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF
HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE
WHEREAS, the Saratoga City Council declared hazardous vegetation to be a public
nuisance through adoption of Resolution No. 15-074 at the December 16, 2015 City Council
Meeting; and
WHEREAS, the Saratoga City Council adopted Resolution No. 16-004 declaring
abatement of hazardous vegetation on specified properties at the January 20, 2016 City Council
Meeting; and
WHEREAS, the Office of the County Agricultural Commissioner has given written
notice to all property owners of specific properties 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, the Saratoga City Council conducted a public hearing on March 16, 2016 to
determine whether to order abatement of hazardous vegetation and assess fees associated with
removal of hazardous vegetation by the County of Santa Clara Agricultural Commissioner if
property owners fail to remove hazardous vegetation prior to April 15, 2016; and
WHEREAS, property owners on the 2016 Weed Abatement Program Commencement
Report had the opportunity to voice objections to the abatement order at the duly noticed public
hearing scheduled for the March 16, 2016 City Council Meeting; and
WHEREAS, after consideration of any and all objections to the proposed order for
abatement, the City Council overrules any and all objections and finds that the requisite basis for
adopting such order for abatement exist;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga that:
1. The recitals set forth above are true and correct; and
2. The hazardous vegetation (weeds and other materials) on the properties listed in Exhibit
A attached hereto continues to be declared a nuisance; and
3. The hazardous vegetation (weeds and other materials) on the properties in Exhibit A
attached hereto is ordered abated by the County of Santa Clara Agricultural
Commissioner's Office on or after April 15, 2016; and
4. The owner of each of the properties listed in Exhibit A shall owe and be responsible for
payment of all abatement costs imposed by the County on such owner's property,
including but not limited to the following:
a. The property owner will be responsible for an inspection fee of $55 per parcel to
cover the cost of creating and maintaining a file in the County's database;
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b. If the property owner fails to complete abatement work prior to the County
inspection of the property, the property owner will be responsible for an
inspection fee of $440 per parcel and the property will be scheduled for abatement
by the County contractor;
c. If the property owner completes the abatement work before the County contractor,
the property owner will not incur further charges beyond those described above;
d. If the abatement work is completed by the County contractor, the property owner
will be assessed the contractor's charges plus an administrative fee of $335.
5. Nonpayment of the abatement costs imposed by the County (including but not limited to
those described above) 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.
Attachments:
Exhibit A — 2016 Weed Abatement Program Commencement Report
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of March 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
AEST:
Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -Lynne
Bernald, Howard A. Miller, Rishi Kumar
Tryst 1 Bothelio, City Clerk
y Cappello, Mayor
DATE: 3 .�� 90 ( \o
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