HomeMy WebLinkAboutStaff Report 112-09 CMR Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: FIRE
AGENDA DATE: JANUARY 12, 2009 CMR: 112:09
REPORT TYPE: PUBLIC HEARING
SUBJECT: Public Hearing on Objections to Weed Abatement and
Adoption of Resolution Ordering Weed Nuisance Abated
EXECUTIVE SUMMARY
The City of Palo Alto contracts with Santa Clara County Agriculture and Resource Management
to remove and destroy weeds, as defined in Chapter 8.08 of the Palo Alto Municipal Code. This
hearing allows all those affected and listed on the County’s 2009 Weed Abatement Program
Commencement Report to be heard and have their objections and comments considered by
Council before the Council adopts a resolution ordering the abatement of weed nuisances in the
City.
RECOMMENDATION
Staff recommends that Council hold a public hearing for any objections to the proposed
destruction and removal of weeds, and adopt the attached Resolution ordering the abatement of
weed nuisances in the City of Palo Alto.
BACKGROUND
The Council adopted Resolution 8888 on December 15, 2008 and declared weeds to be a
nuisance and ordered the abatement of that nuisance as called for in Chapter 8.08 of the Palo
Alto Municipal Code. The Resolution provided for a public hearing date of January 12, 2009, to
notify any interested property owners and members of the public about the hearing where the
Council would consider any objections to the proposed destruction or the removal of these
weeds.
DISCUSSION
The Santa Clara County Department of Agriculture and Resource Management administers the
contract for abatement of weeds within the City of Palo Alto. Upon notification of the City
Council’s action declaring weeds to be a nuisance and ordering abatement thereof, the
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Department of Agriculture and Resource Management has taken proper steps to notify each
property owner by mail of the proposed weed abatement action on respective properties and to
post, on the public notice bulletin board, a list of the properties affected. The Department of
Agriculture and Resource Management has furnished copies of the property listing to the City
Clerk and the City Fire Marshal. The City Clerk also posted and published notice of the hearing
as required.
At this public hearing, property owners may appear and object to the proposed weed destruction
or removal. After the hearing and consideration of any objections, the Council may allow or
overrule any or all objections. If objections are overruled, the Council is deemed to have
acquired jurisdiction to proceed with abatement of weed nuisances. The County will be asked to
perform the abatement work to destroy and remove any weeds.
RESOURCE IMPACT
All charges for the weed abatement services are included as a special assessment on bills for
property taxes levied against the respective lots and parcels of land, which are considered liens
on these properties.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies and Chapter 8.08 of the Municipal Code.
ENVIRONMENTAL IMPACT
Santa Clara County has determined the Weed Abatement Program to be Categorically Exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section
15308.
ATTACHMENTS
Resolution Ordering Weed Nuisance Abated
Property Listing
Prepared by:_______________________________
GORDON SIMPKINSON
Acting Fire Marshal
Department Head Review:______________________
NICK MARINARO
Fire Chief
City Manager Approval: _______________________
JAMES KEENE
City Manager