Loading...
HomeMy WebLinkAbout0552.093• November 4~ 1993 THE HONORABLE CITY COUNCIL P~lo ~to, California Members of the council: Report in Brie f , " c' o 6 Abatement of ... 'e~dB is required by Chapter 8.08 of the Palo Alto Municipal Code. 'l'hia report summarizes the procedures to be followed in the process, discusses program needs, objectives, and financing; and requests adoption of the attached resolution identifying weeds as a public nuisance and se~ting a public hearing. Background On March 21, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within tbe City of Palo Alto. This agreement has reduced the costs and City staff time required for administration of weed abatement; and, for the past fifteen seasons, the weed abatement program has been ~xpeditiously carried out by the county Fire Marshal's office with results satisfactory to Palo Alto residents. Provision of the Municipal Code Chapter S.OS of the Palo Alto Municipal Code specifies weed abatement procedures. The chapter indicates it to be unlawful for p.r-operty owners or occupants to permit weeds to rema::'n upon the premises, pl.J.blic sidewalks, streets or al1eya~ The chapter also specifies the procedures to be folloyed to abate weeds. These are: Declaration of the City Council by resolution declaring weeds t~ be a public nuisance. This declaration sets the time and place for hearing any objections to the proposed weed abatement. Publication of 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 ·i/lTill be carried out by the County. The City then publishes the notices to abate weeds. CIIR ~5L-g3 Hearing -The Council must conduct a public hearing, at which time any property owner may appear and object to the Froposed weed destruction or removal. After hearing and considering a~y objections, the Council may allow or overrule any or all object~.ons. If objections are overruled, the Council is deemed to have acquired jurisdiction to proceed and the County will be asked to perform the work of destruction and removal of weeds. CUrrent ActigD Required Council should no~ take the first step provided in the Code, by adopting the attached resolution declaring weeds to be a public nuisance and establishing December 13~ 1993 as the date of the public hearing for any objections by property owners. The resolution also orders the City to publish a notice of hearing in accordance with the p::-ovisions of the Code. Environmensal Review A Negative Declaration for the project has been prepared showing that no significant environmental effects will result from the weed abatement program. ReCommendation Staff recommends that Council: {1i approve and adopt the attached negative declaration. finding that no significant effect on the environment will result from the project; and (2.) adopt the attached resolution declaring weeds to be a public nuisance and Getting a date for public hearing. Respectfully submitted, trojny .tty Ka.nager Attachments: Negative Declaration Resolution CMR 552,93 <ji3Bif~<£·::-,,--?,,,,,,-,-·,<,<-~=- Fire Ch.1ef '. " .. -': Eovironmerltal Documents -City of Pale Alto Project Description/Title: Al'1nuCil We~.lt..Abat.gr'lent Program location/Address: Various cjty~ide Sponsoring Agency/Applicant: City Q"f Palo Alto. Flre OelLartmer!.t Address and Telephone of Applicant: t~.Q ___ Hamilton Avenue, Palo Alto. eft. (415LJn...:. ill! Application for: Weed Abat~Ji1!!..n.L...~~.~olutiQn (e.g., zcning change, sub~ivislcn of property. architectural re~lew, use permit) Zonir.y at Project location: ~ Fee Rece-ipt No.: liQTlCt Of P,flRMINATlDN Based upon review of the project files, the undersigned member of the Planning Department nas co~[1uded: iXI Negative lli!r:hrattcm: The project nas no significant environmental impact. No E~~iror.mentG1 Impact Report is re-quired. The reasons fOT a Negative OeclaiatiDn are: The weed abatement p('ogL~m consists. of tlisking WHd'S thrc>ugh.p.!I.Ltbe City whicn present L.QubliC nuisance and fire hazan;;l_, _.-,~jtes inclyde tiacant lots. portions of the foothills a.!1dJ~·.:?-.YLar'\ds.. and 'Jther open space a!"'2as. No cnemica1 herbicid~ __ ~ ____ wl1 tJ~g. us.ed as. a res~JH of this Droj~ _____ Jhis is considereA an annual maintenance activity perforr.1~d to abate potentia1 fire hazards. The project may have a sign~f;cant enl,'irN.mental impact. An Emdronmental Impact Report ~i11 be prepared. Planning De-partment Official: Planning Director: A/.. 4:; , The project has been "pproved. Date: The project has been denied. Date ~ rile No.: 93·UA·3_1_ me I a: \ei a. 32 Page .. :" .t-r" /' o RESOLUTION NO, RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISANCE ~l) SETTING A HEA."'IlIG WHEREAS, 'Weeds, as defined in Section !LOS.01D (b) f'Jf the Palo Alto Municipal Code, are growing in the City of P,alo Alto upon various streets, alleys, sidewalks, and parcels of private property within said municipality, such weeds which bear seeds of a wingy and downy nature, or rna}' attain such large growth as to become ,1. fire menace when dry. or are otherwise combustible, a menace of the public health. noxious, or dangerous; and WHEREAS, said weeds constitute a public nuisance; NOW, THEREFOP~. the Council of the City of Palo Alto does hereby RESOLVE as follows:: .s.JiCTmH-l. 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 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 t~e County of Santa Clara, reference in each instance for the description of any particular 8treet~ 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. SECT10N 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 Monday, the 13 th day of December, 1993, at the hour of ?:OO p.m., of said day, or as soon thereafter as the matter ~ay be beard, at the Council Ch~~ers of the Civic Center of said City, be and the 9a~ is hereby fixed as the time and place when obj ections 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 n0tice of Baid hearing to be given in the time, manner and form provided in Chapter s.oe of said Palo ~tc MUnicipal Code. a~CTJON ;. Unless such nuisance is abated ~ithout delay by the destruction or removal of such weeds, the work of abating such Duisance will be done by the County of Santa Clara Fire :Marshal i s Office 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 which; such weeds shall have been destroyed or removed. 1 ( s.acrIQli........!. The City Council hereby finds tr.at this project will have no significant effect on the environment. INTRODUCED AND PASSED, AYES, NOES: ABSTENTIONS: ATl'BST: AP?ROVED: City Clerk Mayor APPROVED AS TO FOR."!: Ci ty t-fanager senior As8t~ City Attorney Director of Finance Fire Chief 2 . : ....