HomeMy WebLinkAboutStaff Report 421-06TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
3
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: FIRE
DECEMBER 11, 2006 CMR: 421:06
ADOPTION OF A RESOLUTION DECLARING WEEDS TO BE A
NUISANCE AND SETTING JANUARY 16, 2007 FOR A PUBLIC
HEARING
RECOMMENDATION
Staff recommends Council:
1)
2)
Adopt the attached resolution declaring weeds to be a public nuisance and setting January 16,
2007 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 ...
Palo 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
arel
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 overruled, 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 29 seasons, the
weed abatement program has been expeditiously carried out by the Department of Agriculture and
CMR: 421:06 Page 1 of 2
Resource Management, previously known as the County Fire Marshal’s Office, with results
satisfactory to Palo 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 Program to be Categorically
Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
ATTACHMENTS
A: Resolution Declaring Weeds to be a Nuisance and Setting a Hearing
Prepare~~~-:v_
Fire Marshal
Department Head Review: ~.~~ ~t~.g.~
NICHOLA~ MARINARO
Fire Chief .
k- EMILY HARRISON
Assistant City Manager
CMR: 421:06 Page 2 of 2
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING WEEDS TO BE A’~NUISANCE AND SETTING A
HEARING FOR OBJECTIONS TO THEIR PROPOSED
DESTRUCTION OR REMOVAL
WHEREAS, weeds, as defined in Section 8.08.010(b) of the
Palo Alto Municipal Code, are anticipated to develop during
calendar year 2007 upon streets, alleys, sidewalks, and parcels of
private prope}ty within the~ City of Palo Alto sufficient to
constitute a public nuisance as a fire menace when dry~ or are
otherwise combustible, or otherwise to constitute a menace to the
public health as noxious or dangerous.
NOW, THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
SECTION I. Weeds, as defined in Section 8o08.010(b) of the
Palo Alto Municipal Code, which are anticipated to develop during
calendar year 2007 upon streets, alleys, sidewalks, and parcels of
private proper~y 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 property 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 ofprivate
property 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
map.
SECTION 2. THEREFORE, IT IS ORDERED that the said public
nuisance be abated in the manner provided by Chapter 8.08 of the
Palo Alto Municipal Code:
IT IS FURTHER ORDERED that Monday, the 16th day of January,
2007, at the hour of 7:00 p.m., of said day, or as soon thereafter
as the matter may be heard, at the Council Chambers of the Civic
Center of said City, shall be the time and place when objections to
the proposed destruction or removal of such Weeds shall be heard
and given due consideration;
IT IS FURTHER ORDERED that the Fire Chief of the City of
Palo Alto is directed to cause notice of said hearing to be given
in the time, manner and form provided in Chapter 8.08 of said Palo
Alto Municipal Code.
061204 @s 8260368 1
NOT YET APPROVED
SECTION 3o Unless such nuisance is abated without delay by
the destruction or removal of such weeds, the work of abating such
nuisance wi~il be done by the County of Santa Clara Department of
Agriculture and Resource Management Office on behalf of the City of
Paio Alto, and the expenses thereof assessed upon the lots and
lands from which, and/or in the front and rear of which, such weeds
shall have been destroyed or removed. ~-
SECTION 4. The Santa Clara County, County 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:
ABSTENTIONS:
ATTEST:
City CLerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of Administrative
Services
Fire Chief
061204 cjs 8260368