HomeMy WebLinkAboutStaff Report 7523City of Palo Alto (ID # 7523)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/9/2017
City of Palo Alto Page 1
Summary Title: Declaration of Weeds a Nuisance
Title: Adoption of a Resolution Declaring Weeds to be a Public Nuisance and
Setting February 6, 2017 for a Public Hearing for Objections to Proposed
Weed Abatement
From: City Manager
Lead Department: Fire
Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 6,
2017 for a Public Hearing for Objections to Proposed Weed Abatement For the 2017 Weed
Abatement Cycle
Recommendation
Staff recommends that Council adopt the attached resolution:
1)Declaring weeds to be a public nuisance;
2)Setting February 6, 2017 for a public hearing on objections to proposed weed
abatement; and
3)Directing staff to publish a notice of hearing in accordance with the provisions of the
Palo Alto Municipal Code.
Background
On April 18, 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 39
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.
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. The
procedures:
City of Palo Alto Page 2
- 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.
- Public 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 overruled, the County
will be asked to perform the work of destruction and removal of weeds. The action
taken by the Council at the January 9, 2017 meeting will set this public hearing date
for February 6, 2017.
Resource Impact
There is no direct fiscal impact of this action 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.
The Weed Abatement Program is a cost recovery program and does not receive funding from
City or County general funds.
Policy Implications
This procedure is consistent with existing City policies.
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:
Attachment A: Weed Abatement Setting for Pub Hearing Resolution
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Resolution No. ____
Resolution of Intention of the Council of the City of Palo Alto
Declaring Weeds to be a Nuisance and Setting February 6th, 2017 for
a Public Hearing for Objections to Proposed Weed Abatement
R E C I T A L S
A. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are
anticipated to develop during calendar year 2017 upon streets, alleys, sidewalks, and parcels of
private property 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 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 2017 upon streets, alleys,
sidewalks, and parcels of private property 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 of private 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 a public hearing shall be held on the sixth day of
February, 2017 at the hour of 6:00 pm, or as soon thereafter as the matter may 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, manner and form provided in Chapter 8.08 of the
Palo Alto Municipal Code.
SECTION 3. Unless the nuisance is abated without delay by the destruction and
removal of such weeds, the work of abating such nuisance will be done by the County of Santa
Clara Department of Agriculture and Resource Management Office on behalf of the City of Palo
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 and removed.
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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 Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Senior Deputy City Attorney City Manager
_____________________________
Fire Chief
_____________________________
Director of Administrative Services