HomeMy WebLinkAboutCity Council Resolution 19-040 Weed and brush abatementRESOLUTION 19-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION (WEEDS & BRUSH) TO BE A PUBLIC
NUISANCE ON SPECIFIED PROPERTIES AND ORDERING ABATEMENT TO
CORRECT THE NUISANCE
WHEREAS, hazardous vegetation, including weeds and brush, is growing in the City of
Saratoga upon certain streets, sidewalks, highways, roads, and private property; and
WHEREAS, the weeds, brush, and rubbish create a fire hazard and/or health hazard; and
WHEREAS, said weeds, brush, and rubbish constitute a public nuisance; and
WHEREAS, in Saratoga, the Weed Abatement Program and Brush Abatement Program
are the two programs that help prevent wildfires by reducing the amount of hazardous vegetation
and debris;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves the following:
1. That weeds, brush, and/or rubbish that create a fire hazard and/or health hazard are a public
nuisance;
2. On February 27, 2019, the City of Saratoga sent notices to properties on the Weed
Abatement Program list informing owners of Weed Abatement Program requirements and
the April 15 deadline to comply with Weed Abatement Program requirements and this
deadline was later extended to May 6 and to May 20 for those properties where an extension
was requested;
3. The Santa Clara County Fire Department sent notices to property owners in the Saratoga
Wildland Urban Interface area informing owners of Brush Abatement Program
requirements and the April 1 deadline for compliance;
4. That a nuisance exists or recurs upon the streets, sidewalks, highways, roads, and private
property, noted by parcel number, on the attached report ("Report");
5. The Report indicates whether a property failed to comply with Weed Abatement Program
or Brush Abatement Program requirements;
6. On May 30, 2019, the City of Saratoga sent notices to properties listed on the Report that
failed to meet Weed Abatement Program requirements to inform owners of non-
compliance and of this Council's June 19, 2019 public hearing to consider declaring a
nuisance on those properties a nuisance and ordering abatement of that nuisance;
7. The Santa Clara County Fire Department sent a notice to properties on the Report that
failed to meet Brush Abatement Program requirements to inform owners of non-
compliance and of this Council's June 19, 2019 public hearing to consider declaring a
nuisance on those properties a nuisance and ordering abatement of that nuisance and the
City of Saratoga on May 30, 2019 sent a supplemental letter to these property owners;
8. A notice regarding the public hearing to consider the nuisance declaration and order to
abate was printed in the Saratoga News and posted at City Hall on June 7, 2019;
9. Properties identified in the Report as not complying with Weed Abatement Program
requirements, are subject to a $80 Initial Inspection Fee and $495 Failed Inspection Fee;
10. The Santa Clara County Weed Abatement Program is hereby designated as the responsible
party to, and is directed to, cause abatement of the seasonal and recurring hazardous
vegetation (weeds and brush) nuisance on the properties identified in the Report;
11. All properties identified in the Report may be subject to a $806 Contract Work Fee and
actual cost of abatement work if the property is not compliant with Weed Abatement
Program or Brush Abatement Program requirements when the contractor designated by the
Santa Clara County Weed Abatement Program arrives to perform abatement work; and
12. All properties in the approved Report will be included in the 2020 Weed Abatement
Program List to be inspected for compliance with Weed Abatement Program requirements
and will remain on that list until inspections have determined compliance for three
consecutive years.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 19th day of June 2019 by the following vote:
AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi
Kumar, Mary -Lynne Bernald, Yan Zhao
NOES:
ABSENT:
ABSTAIN:
ATTEST:
anny Cappello,
DATE: 6(0)''7(1-011
Debbie Bretschneider, City Clerk
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