HomeMy WebLinkAboutStaff Report 441-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: FIRE
DATE:
REPORT TYPE:
SUBJECT:
DECEMBER 14, 2009 CMR: 441:09
CONSENT
Adoption of a Resolution Declaring Weeds to be a Nuisance and Setting
January 11, 2010 for a Public Hearing for Objections to Proposed Weed
Abatement
RECOMMENDATION
Staff recommends Council:
1) Adopt the attached resolution declaring weeds to be a public nuisance and setting J anuarj 11,
2010 for a public hearing; and
2) Direct staff to publish a notice of hearing in accordance with the provisions of the Palo Alto
Municipal Code.
DISCUSSION
Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires
property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon
their premises, public sidewalks, streets or alleys. It also specifies the procedures to be followed to
abate weeds, in the event owners do not remove them. These procedures 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.
Public 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 the City
Council hearing and considering any objections, the Council may allow or overrule any or all
objections. If objections are ovenuled, 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. The action taken by the Council at the December 14 meeting will set this
public hearing date for January 11, 2010.
On March 21, 1977, the City Council approved an agreement with Santa Clara County for the
CMR: 441: 09 Page 1 of 2
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 32 seasons, the
weed abatement program has been expeditiously carried out by the County Department of
Agriculture and Resource Management with results satisfactory to Palo Alto residents.
RESOURCE IMPACT
There is no direct fiscal iInpact of this action to the City. The City of Palo Alto administers the weed
abatement program with the County Departnlent of Agriculture and Resource Managenlent with a
minimal amount of staff time. All charges for the weed abatement services are included as a special
asseSSlnent on bills for taxes levied against the respective lots and parcels of land. Such charges are
considered liens on these properties.
The Weed Abatenlent Program is a cost recovery program and does not receive funding from city or
county general funds. Begiluling in 2009, and pursuant to Government Code Section 39573 and
Health and Safety Code 14902, the County will include an inspection/investigation charge of$298 to
property owners who are issued a notice to abate at the time of initial inspection.
ENVIRONMENTAL REVIEW
The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically
Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
ATTACHMENTS
A: Resolution Declaring Weeds to be a Nuisance and Setting January 11, 2010 for a Public
Hearing for Objections to Proposed Weed Abatement
?~"~/ "' "D · Prepared By: _________ --'''--__
GORDON SIMPKINSON
Acting Fire Marshal
Department Head Review:_-i1/,~~~_· .w,..r::l __ A/t....--....!:..1I7Lf4r~ ...... Ioo[.I· ~~d ____ _
141ciIOLAS ~ARO
Fire Chief
City Manager Approval: ___ -.'-~~-=---z---=--4I~----lo'-----
CMR: 441: 09 Page 2 of 2
Council
to be a Nuisance and January 11, 10 a
Public Hearing for Objections to Weed
Abatement
weeds, as defined in Section 8.08.01 O(b) of the Palo Alto Municipal
Code, are anticipated to develop during calendar year 2010 upon streets, alleys, sidewalks, and
parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a
fire n1enace when dry or are otherwise combustible, or otherwise to constitute alnenace to the public
health as or dangerous.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as
follows:
SECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal
Code, which are anticipated to develop during calendar year 20 1 0 upon streets, alleys, sidewalks, and
parcels of private propeliy within the City of Palo Alto, are hereby found and determined to
constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys,
sidewalks, and parcels of private propeliy within the City, which are shown, described, and
delineated on the several maps of the properties in said City which are recorded in the Office of the
County Recorder of the County of Santa Clara, reference in each instance for the description of any
particular street, alley, or parcel of private propeliy being hereby made to the several maps aforesaid,
and, in the event of there being several subdivision maps on which the same lots are shown,
reference is hereby made to the latest subdivision Inap.
SECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be
abated in the lnamler provided by Chapter 8.08 of the Palo Alto Municipal Code:
IT IS FURTHER ORDERED that a public hearing shall be held on Monday, the 11 th
day of January, 2010, at the hour of7:00pln, or as soon thereafter as the matterlnay be heard, at the
Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the
proposed weed abatement of such weeds and give any objections due consideration;
IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to
give notice of the public hearing in the time, maImer and forn1 provided in Chapter 8.08 of the Palo
Alto Municipal Code.
Unless the nuisance is abated without delay by the destruction and
removal of such vveeds, the work of abating such by the County of Santa Clara
Department of Agriculture and Resource Managelnent Office on behalf of the City of Palo Alto, and
091120 sh 8261203
the thereof assessed upon lots which, and/or in the front rear of
which, such shall have been destroyed and relnoved.
SECTION 4. Santa Clara County, County Counsel determined the Weed
Abatelnent Progrmn to be categorically exempt froln the provisions of the CalifOlniaEnvironnlental
Quality Act ("CEQA") pursuant to CEQA Guidelines section 15308.
INTRODUCED AND
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
~------------------------Director of Adnlinistrative Services
Fire Chief
091120 sh 8261203 2