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Home My WebLink About0434.092} ~:., I.', . , '-,... , ~.' , , October 29~ 1992 THE HONORABL~ CI'l'Y COUNCIL Palo Alto, California Weed Abatement program Members of the Council: Report in Brief 1 Abatement of 'Weeds is required by Chapter 8~ 08 of the Palo::::l Alto Municipal Code. This report summarizes the procedures to be followed in the process; discusses program needs, objectives, and financing; and requests adoption of the attached resolution identifying -..eeds as a public nuisance and setting a public hearing. Background On March 21, 1977, the city council approved an agreement with Sant~ Clara County for the administration of weed abatement within the city of Palo Alto. This agreement has reduced the costs and Ci t}y staff time required for administration of weed abatement; and, for the past fourteen seasons. the weed abatement program has been expeditiously carried: out by the CQunty Fire Marshal's office with results satisfactory to Palo ~lto residents. Provisio~ of the Municipal Code Chapter 8.08 of the Pale Alto Municipal Code specifies weed abatement procedures. The chapter indicates it to be unlawful for property owners or occu}lants to peIlllit 'Weeds to remain upon tt.e premises, publlC sidewalks, streets or alleys. The chapter also specifies the procedures to be follo~ed to abate 'Weeds, These are: Declaration of the City Council by resolution declaring ~eeds to ~ a public nuisance, This declaration sets the time and place for hearing any ocjections to the proposed weed abatement. publication of notice -This notice informs property o'..mers of the passage of the resolution and provides that property owners shall remove weeds from the.ir property, or the ;:;!;batemer.t .."ill be carr ied out :by the County. Tbe City then publishes the notices to abate weeds. CMR 434:92 o • Hearing -The Council must conduct a puhlic hearing, at which time any property Ow;Jer may appear and object to the proposed weed destruction or removaL After hearing and cons iderinq any objections, the council may allow or overrule any or all objections. If objections ~re overruled, the Council is deemed to have acquired juriSdiction to proceed and the County ~il1 be asked to perform the work of destruction and ~emoval of weeds. CUrrent Action Required Council should now take the first step provided in the Code, by adopting the. attached resolution declaring weeds to be a public nuisance and establishing December 14, 1992 as the date of the pyblic hearing for any objections by property owr.:ers. The resolution also orders the Cit.y to pul::llish a r.otice of hearing in accordance with the provisions of the Code. Environmental Review A Neqative Decl~ration for the project has been prepared showing that no significant environmental effect.s "Will result from the weed abatement prClgram. ReCOmmendation staff reoommends that COllnci 1: (1, approve and adopt the attaohed negative declaration, finding that no significant effect on the environment ~ill result from the project; and (2) adopt the attached resolution declaring weeds to be a public nuisance. Respectfully submitted, I~CONSTANTINO F hra~ E FLEMING ~--~--- As i~taDt City Mana er CHR 434: 92 Negative Declarati~n Resolution ~~L :lire Chief J RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISlU!CE AND SETTING A HEAR!NG WHEREAS. weeds, as defined in Section 8.0e.010(b) of the Palo Alto MUnicipal Code, are growing in the City of Palo Alto upon various 9t:reetB~ alleys, sidewalk.s, and parcels of private property within said municipalitj-' ~ such weeds which bear seeds of a wingy and do~y nat:.ure~ or may attain such large gr,:Jwth as co become a fire me!lace when dry, or are otherwise combustible, a menace of the public health, noxious, or danger·::ms; and WHEREAS, said weeds constitute a public n~isance; NOW, THERBFORE, the Council of the City of Palo Alto does he:o::eby 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, sidewalks, and parcels o~ private prcperty within said City as ShOWD l 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 parti~Jlar 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 lets are shown. reference is hereby made to the latest subdivision map. ~Q:L1.. THEREFORE, IT IS GRDBRED that the said public nuisance be abated in the manner ~rovided by Chapter 8.08 of the Palo Alto Municipal Code: IT IS FURTHER ORDERED that Monday, the 14th day of Dec~ber, 1992, at the hour of 7:00 p.m., of said day, or as soon thereafter as the matter tl'\d.y be heard. at ti.1e Cou.ncil Chambers 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 ~to 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. SBCTION 3. Gnless such nuisance is abated without aelar by the destruction or removal of such weeds. the work of abating such nuisance will be done by the County of Santa Clara Fire Marshal's Office for the City of Palo Alto. and the expenses t-hereof a,ssessed upon the lots and lands from which, and/or in the front and rear of which. such weeds shall have been destroyed or removed. 1 ,.. • • SRCTION 4. The City Council hereby finds that this project will nave no significant effect on the environment. INTRODUC!ID AND PASS l!l) : AYliS: NOBS: ABSENT: ABSTENTIONS: ATrl!ST: APPROVED: Ciey Clerk Mayor APPROv"ED AS TO FORM: City Manager Senior AsBt. City Attorney Director of Finance Fire Chief 2 } ENVIRONMENTAL ASSESSMENT Project oeSCTiPtion/~e: .e.nnual Weed Abatement f,..o(7}~ Location/Address: Yarious citvwide Spon.soring Agency/ApPlicant: un of Palo Alto. F.Jr!LjJ~rLt"m"e:LnL\t~ __ Address and Telephone cof _",pplicant: 250 Hamilton Avenue, Palo A1to. CA (4)5) 32S-2184 A¥plication f~r: Weed Ab~tement Resolution (e.g., zoning change, subdivision of property, permIt) Zonipg at f>roject location: _~ arch~i~t~e~c·t~ur~.~l~r~e~v'i~ew-.~"s-.---- Fee RHeipt No.: NOTICE OF pnERM1NAUQ1i Based upon review of the project files, the undersigned memb~r of the Planning Oepaitment has concluded: ~\le Oec:1aration: 1he project has no significant env1ronmental impact. No Environmer.tal Impact Report i~ required. The reasons fer a Negative ~c1aratior. are: The weed abatement program consists of disking weeks throughout the Clty which pre'Sent a public nuisance and firE hazard. Sites include \'-~caM.1 lots, portions of the fQcthill s and_ baylands, and other open space areas. No chemical pesticides will be used is a result of this project. Jhis is considered an annual reaintenance activity perfo-.::1'1'Ed to abate potential fire hazards. I] The project may have iii significant env; ronmental impac.t. An Emrironmentil Impact Report will be prep~/1. _ /i , Planning O.~artrnent Officiai: :;t:;fldt-f.-.-fAlL1O: Planning Director: )yf .. ,,~UJ2 5.ct..."l-.... Date: 'I'/,:Lrfq~ The project has been approved, Date: The project ha~ been denied. File No.: 92-£JA:]1'----__