REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Adoption of a Resolution Confirming the Weed Abatement Report and Ordering the Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On February 23, 1976, the City Council approved a partnership with the County of Santa Clara (County) to administer the City’s Weed Abatement Program. Over the past four decades, the County has managed the program efficiently and effectively. The program plays a crucial role in mitigating risks associated with overgrown vegetation and the accumulation of combustible materials, which can pose fire hazards, while also maintaining community aesthetic standards to prevent urban blight. This agreement has significantly reduced program costs for the community through economies of scale.
The contract between the County and the Santa Clara City Code designates the City Council as the final arbiter of all appeals. On January 31, 2024, in accordance with Title 8, Chapter 15 of the Santa Clara City Code (SCCC), the City Council held an initial public hearing and declared weeds a nuisance. A second public hearing was convened on February 20, 2024, to address objections regarding the inclusion of certain properties in the 2024 County Weed Abatement Commencement Report and to order the abatement of the nuisance caused by growing weeds. Fifteen property owners contested their inclusion in the report and the associated fees.
In response to the input at the February 20th public hearing, the City Council directed staff to conduct a thorough review of property owners' appeals, ensuring all contested cases are carefully examined, and evaluate programmatic options for next year. Staff surveyed cities that do not participate in the County Weed Abatement Program, evaluating options for programmatic improvements. The survey of cities that do not currently participate in the County program has been completed, and the review of programmatic options is currently underway. Staff will present their analyses and recommendations to Council later this year.
Staff sent certified letters to the 15 property owners who contested their inclusion in the 2024 Commencement Report. Each property owner was asked to provide documentation supporting their request for removal from the program, justification for non-compliance, and current photographs demonstrating compliance with County standards. After a thorough review of the appeal information, 6 of the 15 properties were removed from the commencement report based on Council guidance during the February 20, 2024, hearing. The County Weed Abatement Manager was notified and confirmed the removal of these properties. All 15 property owners were notified by certified mail of the final determination of their appeals.
Once the appeal process was completed, the County Weed Abatement Program manager instructed its staff to conduct the required inspections and its contractor to abate identified hazards on the respective lots and parcels of land within Santa Clara that remained out of compliance. This inspection and abatement work has now been completed for this year.
The 2023 County Weed Abatement report (Attachment 2), approved by the City Council on July 11, 2023, had a total of 123 non-compliant parcels or lots of land with an assessed cost of $105,043.94 to property owners. Of this amount, 62 parcels required ongoing compliance inspections, totaling $5,704. 42 parcels failed the inspection and received a first administrative citation, amounting to $25,662. The County’s contractor abated 19 parcels for a total cost of $73,677.94.
DISCUSSION
The Santa Clara County, Consumer & Environmental Protection Agency, Weed Abatement Program Manager has prepared the 2024 County Weed Abatement Program Assessment Report (Weed Abatement Assessment Report) (Attachment 3) listing the respective lots or parcels of land within Santa Clara upon which the County conducted inspections and/or abatement services.
In accordance with SCCC 8.15.090, this Public Hearing allows members of the public to present objections to their inclusion in the County’s Weed Abatement Assessment Report and confirms the cost of inspections and abatement as a Special Assessment on the respective properties described therein. Per SCCC 8.15.080, notice of this Public Hearing was published and posted with a copy of the County's Weed Abatement Assessment Report on July 3, 2024, and July 10, 2024.
For 2024, the Santa Clara County Weed Abatement Program identified a total of 205 non-compliant parcels or lots of land. Subsequently, the County notified the property owners of the costs associated with inspections and/or the abatement as outlined in the 2024 Weed Abatement Assessment Report - Exhibit A (Attachment 3), totaling $57,398.06. Of this amount, 160 parcels only required ongoing compliance inspections, totaling $15,360.00. 41 parcels failed the inspection and received a first administrative citation, amounting to $26,322. The County's contractor abated 4 parcels for $15,716.06.
The Fire Department is seeking Council approval to adopt a resolution confirming the 2024 Weed Abatement Assessment Report and ordering the cost of abatement to be a special assessment on the respective properties (Attachment 1). A representative from the County Weed Abatement Program will be present at the public hearing with detailed records of the weed abatement activities.
ENVIRONMENTAL REVIEW
The City of Santa Clara contracts with the County of Santa Clara to perform and implement the weed abatement program within the City. The County of Santa Clara has determined the Weed Abatement Program to be Categorically Exempt from the California Environmental Quality Act ("CEQA") pursuant to Guideline 15308.
FISCAL IMPACT
The City of Santa Clara administers the weed abatement program in collaboration with the Santa Clara County Consumer & Environmental Protection Agency, utilizing minimal staff time. The County's costs for inspection or abatement services, including administrative fees, are assessed on the respective lots or parcels of land. The assessments, detailed in Exhibit A of the 2024 Weed Abatement Program Assessment Report (Attachment 3) totaling $57,398.06 will be imposed as liens on the listed properties and will not be borne by the City. All charges for weed abatement services will be included as a special assessment on the following year's Property Tax statement.
In accordance with the 2022 Amended and Restated agreement, if the tax assessments are insufficient to cover the program's costs, the County will invoice the participating jurisdictions/agencies for their pro-rata share of the program's shortfall in December. If a shortfall occurs, the Fire Department will absorb the City's pro-rata share costs in its Community Risk Reduction Division's Operating Budget. Currently, there is no fiscal impact on the Fire Department's budget.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
The City Clerk has published the required notice of this hearing in the Santa Clara Weekly. The report by the County Weed Abatement Program has been posted on the bulletin board outside the City Council Chambers at City Hall located at 1500 Warburton Avenue, Santa Clara, CA 95050, on the bulletin board in the lobby of City Hall; and at the entrance of the Fire Department, located at 777 Benton Street, Santa Clara, CA 95050.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution confirming the 2024 Weed Abatement Program Assessment Report and ordering the cost of abatement to be a Special Assessment on the respective properties described therein pursuant to SCCC 8.15.090 and 8.15.100.
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Confirming the Weed Abatement Report and Ordering the Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein
2. 2023 Weed Abatement Program Assessment Report (County Exhibit A), Santa Clara County, Consumer & Environmental Protection Agency
3. 2024 Weed Abatement Program Assessment Report, City of Santa Clara