HomeMy WebLinkAboutCity Council Resolution 21-042 Weed & Brush abatementRESOLUTION 21-042
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 17, 2021 the City of Saratoga mailed notices to properties on the Weed
Abatement Program list informing owners of Weed Abatement Program requirements and
the April 15, 2021 deadline to comply with Weed Abatement Program requirements;
3. On March 1, 2021 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 as listed 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. In the month of May 2021 the City of Saratoga mailed a second notice to properties listed
on the Report that failed to meet Weed Abatement Program requirements, to advise owners
of non-compliance and of this Council's June 16, 2021 public hearing to consider declaring
a nuisance on those properties a nuisance and ordering abatement of that nuisance;
7. On April 16, 2021 the County Fire Department placed a notice on the front door of
properties listed on the Report that failed to meet Brush Abatement Program requirements
to inform the owners of non-compliance and to advise them of the upcoming June 16, 2021
public nuisance declaration and abatement order hearing and the City of Saratoga on May
27, 2021 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 May 27, 2021;
9. Properties identified in the Report as not complying with Weed Abatement Program
requirements, are subject to a $84 Initial Inspection Fee and $466 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 $809 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 2022 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 16t" day of June 2021 by the following vote:
AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne
Bernald, Kookie Fitzsimmons, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
Yan ao, Mayor
ATT T:
DATE:
ebbie Bretschneider, CMC, City
Clerk
WEED ABATEMENT PROGRAM & BRUSH ABATEMENT PROGRAM
NON -COMPLIANT PROPERTIES REPORT
ADDRESS APN PROGRAM
12445 PASEO CERRO 386-11-021 WEED A13ATEMENT