Declaring Nuisance & Scheduling PH - 2010To: Daniel Fama, Assistant Planner
From: Wendy Wood, Deputy City Clerk
CITY OF CAMPBELL
City Clerk's Office
Date: November 19, 2010
Subject: Declaring Weeds a Public Nuisance and Scheduling Public Hearing
At its regular meeting of November 16, 2010, the City Council adopted Resolution
11232 declaring weeds a public nuisance; and set January 4, 2011, as the time for a
Public Hearing for protests.
A certified copy of Resolution 11232 is attached for your records.
RESOLUTION NO. 11232
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL DECLARING WEEDS A PUBLIC
NUISANCE.
WHEREAS the growth of weeds and indigenous grasses accumulate annually upon
private property, including that property located in the public right-of-way, streets, alleys
and sidewalks in the City of Campbell; and
WHEREAS, weeds and indigenous grasses may attain such large growth as to become,
when dry, a fire hazard to adjacent improved property;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell,
California, hereby declares that all weeds growing upon any private property or in any right
of way, street or alley, as defined in Sections 17.54.010 and 17.54.020 of the Campbell
Municipal Code, constitutes a public nuisance, which nuisance must be abated by the
destruction or removal thereof. The Agricultural Commissioner is hereby ordered to give
notice of the passage of this resolution stating that, unless such nuisance is abated without
delay by the destruction or removal of such weeds, the work of abating such nuisance will
be done by the City authorities; and the expense thereof assessed upon the lots and lands
from which, and/or in the front of which, such weeds shall have been destroyed or
removed. All property owners having any objections to the proposed destruction or
removal of such weeds are hereby notified to attend a meeting of the City Council to be
held in the Council Chambers of City Hall, 70 N. First Street, Campbell, California, on
Tuesday, January 4, 2011, at 7:30 p.m., when and where their objections will be heard
and given due consideration.
PASSED AN[
roll call vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
~ ADOPTED this 16th
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
day of November , 2010, by the following
Kotowski, Kennedy, Furtado, Baker, Low
None
None
None
APPROVED
~~ -~
Evan D. Low, Mayor
.: `~:
ATTEST: '~ -,,~~~,~~~.,~: ~ ..
Anne Bybee, City Clerk
THE FOREGO~~VG INSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIOtNAL
ON FILE IN THIS OFFICE.
ATTEST: ANNE YBEE, CITY CLERK
~Y~G1f,tPBELL, G
/ ~
dY ~ ;
QATED I ~ ~ 1
Category: Consent
Date: November 16, 2010
TITLE: Resolution Declaring Weeds a Public Nuisance and Scheduling
Public Hearing
RECOMMENDATION
1. Adopt the attached Resolution declaring weeds a public nuisance; and
2. Set January 4, 2011, as the time for a Public Hearing for protests.
DISCUSSION
Chapter 17.54 of the Campbell Municipal Code governs weed abatement and declares
weeds to be a public nuisance. The responsibility of hazardous vegetation
management was reassigned in 2004 to the Santa Clara County Agricultural
Commissioner's Office versus the Santa Clara County Fire Marshal's Office. The
Ordinance requires that property owners be notified when it is determined that their
property contains potential hazardous vegetation. The notice advises the property
owner that unless the weeds are voluntarily removed, the removal will be performed
through the Commissioner's Office and the cost of abatement will be placed as a lien on
their property tax rolls.
The attached Resolution sets a Public Hearing date of January 4, 2011. The
Commissioner's Office will provide a list of properties as potentially having hazardous
vegetation prior to this meeting. These properties will be monitored and weed
abatement services provided should any weeds not be voluntarily abated. Property
owners will be notified that they may attend this meeting to protest the inclusion of their
property on the List of Hazardous Vegetation. Staff will review the list and inspect each
property prior to the hearing. A field inspection will verify the inclusion of each noticed
property on the final weed abatement list.
FISCAL IMPACT
None to the City.
Staff Report -City Council Meeting of November 16, 2010
Weed Abatement
Page 2 of 2
ALTERNATIVES
1. Take no action.
PREPARED ~Y:
REVIEWED BY: ---Jc
Kirk
APPROVED BY:
~y
Fama, Assistant'I'lanner
Community Development Director
~; i r
City Manager
Attachments:
1) City Council Resolution (Declaring Weeds a Public Nuisance and Setting Date of
Public Hearing)