HomeMy WebLinkAboutStaff Report 434-07City of Palo Alto
City Manager’s Report
9
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: FIRE
DATE:DECEMBER 10, 2007 CMR: 434:07
SUBJECT:ADOPTION OF A RESOLUTION DECLARING WEEDS TO BE A
NUISANCE AND SETTING JANUARY 14, 2008 FOR A PUBLIC
HEARING FOR OBJECTIONS TO THEIR PROPOSED
DESTRUCTION AND REMOVAL
RECOMMENDATION
Staff recommends Council:
1)
2)
Adopt the attached resolution declaring weeds to be a public mlisance and setting January 14,
2008 for a public hearing; and
Direct staff to publish a notice of hearing in accordance with the provisions of the Palo Alto
Municipal Code.
DISCUSSION
Pa!o Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter indicates
it is unlawful for property owners or occupants to permit weeds to remain upon the premises, public
sidewalks, streets or alleys. It also specifies the procedures to be followed to abate weeds. These
are~
Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets
the time and place for hearing any objections to the proposed weed abatement.
Publication of notice. This notice informs property owners of the passage of the resolution
and provides that property owners shall remove weeds from their property, or the abatement
will be carried out by Santa Clara County (County). The City then publishes a legal
advertisement in the local newspaper announcing the date of the public hearing.
Hearing. The Council must conduct a public hearing, at which time any property owner may
appear and object to the proposed weed destruction or removal. After hearing and
considering any objections, the Council may allow or overrule any or all objections. If
objections are ovelTuled, the Council is deemed to have acquired jurisdiction to proceed, at
which point the County will be asked to perform the work of destruction and removal of
weeds.
On March 21, 1977, the City Council approved an agreement with Santa Clara County for the
administration of weed abatement within the City of Palo Alto. This agreement has reduced the
City’s costs and staff time required for administration of weed abatement. For the past 30 seasons, the
CMR: 434:07 Page 1 of 2
weed abatement program has been expeditiously carried out by the Department of Agriculture and
Resource Management, previously known as the County Fire Marshal’s Office, with results
satisfactory to Pato Alto residents.
RESOURCE IMPACT
There is no direct fiscal impact to the City. The City of Palo Alto administers the weed abatement
program with the County Department of Agriculture and Resource Management with a minimal
amount of staff time. All charges for the weed abatement services are included as a special
assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are
considered liens on these properties.
ENVIRONMENTAL REVIEW
The Santa Clara County Counsel has determined the Weed Abatement Pro~am to be Categorically
Exempt from CEQA pursuant to CEQA Guidelines Section ! 5308.
ATTACHMENTS
A:Resolution Declaring Weeds to be a Nuisance and Setting a Hearing for Objections to their
Proposed Destruction and Removal
Prepared ]
Fire Marshal
Department Head Review:
NICHOLAS MARINARO
Fire Chief
EMILY HARRISON
Assistant City Manager
CMR: 434:07 Page 2 of 2
***NOT YET APPROVED***
SECTION 4. The Santa Clara County, Count), Counsel has determined the Weed
.Abatement Program to be categorically exempt from the provisions of the California Environmental
Quality Act (;’CEQA") pursuant to CEQA Guidelines section 15308.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTION S:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Deputy. City Attorney City Manager
Director of Administrative
Services
Fire Chief
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