HomeMy WebLinkAboutStaff Report 14988 (2)
City of Palo Alto (ID # 14988)
City Council Staff Report
Meeting Date: 12/19/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution for Weeds to be Declared a Public Nuisance
and Setting February 27, 2023 for a Public Hearing for Objections to the
Proposed Weed Abatement
From: City Manager
Lead Department: Fire
Recommendation
Staff recommends that Council adopt the attached resolution:
1) Declaring weeds to be a public nuisance;
2) Setting February 27, 2023, 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 the administration of weed abatement. For the past
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 are as follows:
- 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.
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City of Palo Alto Page 2
- 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 December 19,
2022 meeting will set this public hearing date in February 27, 2023.
An overview of the program and annual calendar for the steps involving City Council action is
provided in Attachment B.
Resource Impact
There is no direct fiscal impact of this action on 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 be Categorically
Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
Attachments:
x Attachment13.a: 14989
x Attachment13.b: 14990
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NOT YET APPROVED
ATTACHMENT A
{date] sh ________ 1
Resolution No. _____
Resolution of Intention of the Council of the City of Palo Alto
Declaring Weeds to be a Nuisance and Setting ___[INSERT DATE]__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 2023 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 2023 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 27th day of
February, 2023, at the hour of 5 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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NOT YET APPROVED
ATTACHMENT A
{date] sh ________ 2
SECTION 4. The City Council of Palo Alto adopts the determination of Santa Clara
County, as the lead agency, that the Weed Abatement Program is 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:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Fire Chief
_____________________________
Director of Administrative Services
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City of Palo Alto Weed Abatement
The City of Palo Alto contracts with the Santa Clara County Department of Agriculture and
Environmental Management (SCCDAEM) to remove and destroy weeds in its efforts to mitigate
potential fire hazards (as defined in Palo Alto Municipal Code Chapter 8.08). The entire weed
abatement program is coordinated by the SCCDAEM. Abatement proceedings must follow a
legally established course. This is an annual process with weed abatement occurring in late
Spring. City of Palo Alto involvement is limited to the following 3 steps for City Council:
1) (Nov-Dec) City of Palo Alto Declares Weeds a Nuisance to allow for County abatement
and sets a later date (Jan-Feb) for a public hearing to review the Annual
Commencement Report (list of” nuisance” parcels).
2) (Jan-Feb) Public Hearing to review the Annual Commencement Report and approve the
County abatement proceedings. 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 sustain or overrule any or all
objections. Upon adoption of the resolution confirming the weed abatement
commencement report and ordering weed nuisances abated, the County will be asked
to perform the abatement work to destroy and remove any weeds.
3) (June) Public Hearing to approve the invoices for the abatement work performed by the
SCCDAEM.
The Santa Clara County Weed Abatement Program
The Santa Clara County Department of Agriculture and Environmental Management and the
City of Palo Alto work together to protect our community from fire. The purpose of the Weed
Abatement Program is to prevent fire hazards posed by vegetative overgrowth and the
accumulation of combustible materials.
Typically, a property is placed on the program list by a County Weed Abatement Inspector who
identifies a potential fire hazard on the property. The Palo Alto Fire Department (PAFD) & Code
Enforcement also report addresses of concern and forward (verified) complaints from residents
to the SCCDAEM. Residents can report addresses of concern to PAFD, code enforcement, or
directly to the County Weed Abatement Program.
Santa Clara County program staff annually inspect “nuisance” parcels at the beginning of the fire
season, which is typically April 30th for CPA parcels.
The Weed Abatement program is entirely funded from fees charged to residents. All parcels on
the list will be charged a basic inspection fee. If the parcel is not in compliance at the time of
inspection, the property owner will be charged an additional failed inspection fee, and they will
receive a final courtesy notice as a reminder to abate their weeds within 2 weeks.
If the weeds are not abated by the property owner, the work will be completed by the County
contractor. The property owner will pay the contractor’s fees plus a County administrative fee.
All fees will be included in their property tax bill.
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Properties that meet and maintain the minimum fire safety standards will only be charged for
the annual fee. These properties will be removed from the list after three years of compliance.
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