HomeMy WebLinkAbout0524.000.-
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october 1B, 1990
THE HONORABLE Clrv COUNCIL
palo Alto, California
WEED AaAIE~E"I PROG~
Members or the council:
Report in Brief
Abatement of weeds is required by Chapter 8.08 of the Palo Alto Municipal
Code. This report suznmarh:es the procedures to be follow-ed in the
-process; discusses program needs, objectives, and fi.nancing: and requests
atiopti'Cm of the attached resolution identifyir.g weeds as a public
Duisance and setting a public hearing.
Background
On March 21, 1977 .. tee city council approved an agreement 'With Santa
Clara County for the administration of weed abatement ~ithin the city of
Palo Alto. This agreement has reduced the costs and city staff time
required for administration ot weed abatement: and~ for the past twelve
seasons., the weed abatement program has been expe?itiously carried out by
the County Fire Marshal's office with results satisfactory to Palo Alto
residants~
provision of t~_~!J_l.lnjcipal Code
Chapter 8.~8 of the Palo Alto Municipal Code specifies ~eed abatement
procedures~ The chap~er indicates it to be unlawful for property owners
or occupants to permit weeds to remain upon the premises. public
sidewalks, streets or alleys. The chapter also specifies the procedures
to be followed to abate ~eeds. These are:
Declaration of the City CounCil declaring ~eeds to be a public
nuisance~ This declaration sets the time and place for hearing any
objections to the p~oposcd w~ed abatement.
Publication of notice -This action provides that property owners
shall remove ~eeds from their property. or the abatement will be
carried out by the County. Tbe County would then publ ish the
CMR 524,0
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notices to abate ~eeds.
Hearing -The council must cond·uct a public hearing, at .. hieh time
any property owner may appear and object to the proposed weed
destruct,ion or removal. After' hearing and c.'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; and the Co~nty will be asked to perform the
~ork of destruction and removal of veeds.
CUrrent Action Required
Council should now take the first step provIded in the Code, by adopting
the attached resolution ;j:eclaring weeds to be a public nuisance and
establishIng December 10~ 1990 as the date of the public hearing for any
objections by property owners. The resolution also orders the county to
publish a notice of hearing in accordance with the provisions of the
Code ..
Envirpnmental Review
The adoption of this ordinance has been catago~ical1y exempt from the
California Environmental Quality Act (CEQA) requirements under Section
15061(3) and 15308, of the CEQA guidelines.
Recommendat.ion
staff recommends that council adopt the attached resolution declaring
weeds C:o be a nuisance.
Respectfully submitted,
fIRE CHIEF
Attachment: Resolution
CMR 524: a
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RESOUJ'rION NO.
RESOWTION OF THE COUNCIL OF THE CIT¥ OF PALO ALTO
OECL'JUNG WEEDS TO RE A NUISANCE AND SETTING A
HEARING
WHEREAS ... weeds~ as defined in Section B.OB.010(b) of the
Palo Alto :Municipal Code .. are growing in the City of Palo Alto upon
various streets, a.lleys, side'Walks.,. and parcels of private property
within sal~ m~~icipality, such weeds 'Which bear seeds of a wingy
and downy nature, or may attain such large growth as to become a
fire menace when dry ... or are othenlise combustible, a menace of the
public health, noxious, or dangerous; and
WHEREAS, said weeds constitute a public nuisance;
NOW, THEREFORE ... the Council of the City of Palo Alto does
hereby RESOLVE as follows:
SECTION 1. SUch 'Weeds do nov constitute... and .... ill
contin,ue... to constitute .. a public nuisance. Sucb nuisance eltist.s
upon' all"·of the streets, alleys, sidewalks, and pa'rcels of private
property within said City as shown .. describea, and delineated on
the several maps of the properties in said City which are recorded
. in the Office of the county Recorder of the .(:.ounty of Sarita (:lara~
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 evenl: of th.-:re being
several subdivisicn lIIaps on .. hleh the same lots are snQ;.'n,
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~{lS of the
Palo Alto MUniCipal Coae:
IT IS FURTHER ORDERED that Monday, the ~Oth day of
Decetnber, 19'90, at the hour of 7:30 p.m., of said d~y~ or as soon
thereafter as the ~atter may be heard. at the Council Ch~mhers of
the Civic center of said City, be and the same is hereby fixed as
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 bearing to be given
in the time, Danner and form provided in Chapter S~08 of said Palo
Alto MuniCipal Code.
SECTION 3. Unless such nuisance is abated withcut delay
by the destruction or removal of such ~e~ds, the ~ork of abating
such nuisance ,.,ill be done by the County of Santa Clara fire
Marshal's Office tor the City of Falo ),1 to. and the expenses
thereof aS5essed upon the lots and lands from whi~h, and/or in the
front and rear of -which, such weeds shall nave been destroyed or
removed~
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SEC1ION 4. This project is cateqorically exempt from the
provisions of the California Environmental Quality Act.
rni<ODO<:El> AND PASSEO:
UES:
lIOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
City Clerk ){ayor
APPROVED AS TO FORM:
City "Manager
Senior Asst. city Attorney
Oirector of Finance
Fire Chief
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901010 b<k oruOI19
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