The URL can be used to link to this page

Home My WebLink About0474.091, i I 1 , • • ~ .. '., -".:: 1 Octob.r 31. 1991 THE HONORABLE CITY COUNCIL Pilo Alto, C.lfforni. Weed Abatement Progr~ Members of the Ccuncil: Report 1 n Rri ef Ab.te~nt of weeds is required by C"pter 8.08 of the P.lo Alto Hunicip.l Code. ThIs re.port suft':!',ariZf.s the proc~dures. to b~ followed in the process; disc.'Jsses program need5, obje~tives, and flnantingi and requests adoption of the attached resolution identifying w~eds as I publ~c nUi5anC! and sttting a pubiit hearing_ B,c~9rQll!!!! On March 21, 19"77, the City C~uncn approved an agreement with Santa Clara County for tne admin'istratian of weed abatement within the City of Pa10 .A.1to. This agreement has reduced the costs and City staff time req~tred for administration of weed abatement; and. for tn~ past thirteen seasons t the weed abatement program hiS been expeditiously carried out by the Co~nty Fire Marshal's office with results satisfactory to Palo Alto reSidents. provistQ~ qf the Municipal (ode Chapter 8.08 cf the Palo A1to Municipal Code specifies weed abatement procedures. The chapter indicates it to be unlawfu1 for property o~ers or occupants to p~rmit weeds to remain upon the premis.as, public sfdewa1k.s, streets or alleys. The chapter also specifies the procedur~s to be followed to abate weeds. These afe; Declaration of the City (o~ncil by resolutior. declaring we-eds to be iI public Guisance. Tnis declaration set$ the time and place fer hearing an) cbj~ctions to the proposed weed abatement. Fub1ieation of netice -This notice informs property owners of the passage of the resol\ltion and provides that property owners shall remove weeds from thefr propert1~ or the abatement 'Will be carried out by the County. The City then publishes the notic!s to abate weeds. Hearing -The Counci) must conduct a pub1ic hearing, at which time any property owner may appear and opject to the prop~sed weed destr~ction or removal. After hearing and considering any objections. the Council may a1low or overrule any or ill objections. If objections are overruled, the Council is deemed to have acquired Jurisdiction to proceed ind the County will be asked to perform the work of destruction and removal of weeds. - , • \ .. o Current Action ReQ~ired Council ,hould now take the fjrst step provided in the Code. by adopting the attached resolution decliring w-eds to be a p'Jbllc nuisance and establishing December 2~ 1991 as t~e date of t~e public hearing for iny objections by pr~perty own~rs. The re501utjo" .1SD or~ers the City to pub11sh i notice of hearing in accordance ~ith the provisions of the Cod •• Environmental Rey1e, A Negative Oeclaratlon for the project has been prepared showing that no signif:cant envfron~ntal effects will resuit frc~ the weed abatement program. RecQlmlendat10n Staff recommends that Council: (1) approve and adopt the attached negative declaration. finding that no significant effect on the environment will result from the prcjEct; and (2) adopt the atta<hed rosoluUon declarIng weeds to be a public nuisance. Respectfully submitted~ PlfIllPfONSTANTIN " F~e Marshal Attachments: Negative Declaration Reso1ution C/4R 474:91 -I ~ FIre Chief I i '( I I J ·1 1 I ! I I I I fnvironmer.tal Documents -City of Palo Alto ENVIRONMfNTAl ASSESSMENT Project Description/Title: Annual Weed ~batement Program location/AddfESS: V~rious city~ide Spo'nsoring Ag(!ncyj.~pplicant: -li1:Lof Palo Alto. Fir'"E De_'p_artmeDj:~ ____ _ Address and Telephone of App1,i ~"~n~t~:_:::2=5=O=_=~_=a=ffi=il::t=o=n=A=v='=nu=.~.~p~a~l=O~A=l=t=O~.=C=A== (4151 329-2184 _ _ ________ _ Appl icat'icn for: Weed Abatel!!ef1t Resoluti~_-.-,--;:_,---.,--_~ ___ _ (t:!.g., zoning change, subdi,ision of property, architectural review, use pen<1it) Zoning at Project location: -.!lLA __ Fee Receipt No.: NOTICE OF OETERMIHATION Bas~d upon review of the project files, the undersigned member of the Planning Department ~ii1S concluded: IXI u Negative Declaration: The project has no significant en~ironment~l impact. No Environmental Impact Report is required. The reasons for a Declaration are: The weed aba.tement program consists of disKtn.EL..!i.-E'_~_gs throughout the City ""hid'! present a pl.!blic nuisance _____ ~nd fire hazard. Sit~s include \lacant lots, portiQ~_L.M the foot!'!i i1 sand bClVl ands. and anther ODen space areas. No chemical weed killers \lrrilJ ___ beJ~Jtd. This is considered an .nnl.la1 rnaif'lten;:mc.e a .. 0-..iyjJ . .:t.....PJ~_rfcrrned to abate DDtential fire hazard's. The project may have a $ignif~ant 2nV~r0l1m€n'tal Environmental Impilict Report "';;11 be p-repared. impact. An Planr,ing Department O~fC,) .. aall :UL_/Jl':f·'V _____ -j-_-j- Oireotor: ~ iJuI,~e..~===4;: O.t., _17:3.11 hI Plann1ng- The project has been appro~ed. The project has been denie~. j , D.;.te: Oate: file No.: 91-£!'\-31 • RESDL1lTION NO. RESOLUTION OF THE CC'"~C!L OF THE CITY OF PALO ALTO DECLARING WSEDS TO BE A NUISANCE AND SETTIN::; A HEARING WHEREAS, veeds, as ~efined in Section 8.0S.010{b) of the Palo Alto MUnicipal Code, are growing in the City of Palo Alto upon various streets, alleys, sidevalks, and parcels of private property within said municipality, such weeds which bear seeds of a wingy and downy nature, or may attain such large growth ag to become a fire menace when dry, or are otherwise combustible, a mEnace of the public health, noxious, or dangerous; and ~t 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 noW' constitute, and 'Will continue to constitute, a public nuisance. Such nuisance exists upon all of the streets~ alleys, side~alks. and parcels of private property within said City as 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 or 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 subdi~ision maps on ~hich the same lots are shown, refarence is hereby made to t~e late~t subdivision map. SECTION 2. THEREFORE., IT IS ORDERED that the. said public nuisance be abated in the manner providea by Chapter B.08 of the Palo Alto Municipal Code: IT IS FURTHER ORDERED that ~onday, t..l'].e 2nd day ot December, 1991, at the hour of 7:30 p.m., of said day, or as soon thereafter as the matter may be heard, at the Coun~il Chambers of the Civic Center of said City, be and the same is hereby fixed as the time and plece when objections to the proposed destruction or removal of such weeds shall be heard and given CUe consideration; IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to caU5e notice of said hearinq to be given in the time. manner and form provided in Chapter a.03 of said Palo Alto MuniCipal Code. SECTION 3, Unless such nuisance is abated without delay by the destruction or removal of S1JCn weeds, the work of abating such nuisance will be done by the county of Santa Clara Fire Marshall & Of:fice for 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 ~hich, such weeds shall have ~een destroyed or removed~ 1 9]1004 bode OCOOl42 " ~ :1 I I 1 'I ,/. o SECTION 4. The City Council hereby finds "that project will have no significant effect on the environment. INTROOOCED AND PASSED: AYES: NOES: ABSElIT: ABSTEl/TIONS: ATTEST: APPROVED: city Clark Hayor APPROVED AS TO FORM: City Manager Senior Asst~ city Attorney Director of Finance Fire Chief 2