REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting March 24, 2026, for Public Hearing to Consider Testimony Regarding Non-Compliant Lots
Report
BACKGROUND
On February 23, 1976, the City Council approved an agreement with the County of Santa Clara, designating its Department of Consumer & Environmental Protection Agency to administer weed abatement for the City of Santa Clara. For 49 years, this department has efficiently managed the Weed Abatement Program (“Program”), delivering satisfactory results for Santa Clara residents. As a result, the agreement has reduced the City staff’s administrative duties related to the program.
The County and City of Santa Clara work together to reduce fire risk and urban blight in our community. The Program prevents fire hazards by addressing overgrown vegetation and the accumulation of combustible materials, and improves neighborhood appearance by reducing neglected, overgrown, and unsightly conditions.
Santa Clara Municipal Code Chapter 8.15, in line with the California Government Code, establishes weed abatement procedures. It directs property owners to abate weeds promptly using their own resources. If owners fail to comply after proper notification, the City authorizes the County Department of Consumer & Environmental Protection Agency to inspect, remove, and destroy weeds on non-compliant lots or parcels.
DISCUSSION
The Fire Department recommends that the City Council authorize the County of Santa Clara to commence with the 2025-2026 Weed Abatement Program for the forthcoming year. In accordance with Section 8.15 of the City Code, the City Council is requested to adopt the Resolution (Attachment 1) declaring weeds to be a public nuisance and requests that the City Council authorize the posting of a Notice of Public Hearing (Attachment 2) to be held on March 24, 2026 for public input on the proposed removal and/or destruction of weeds on non-compliant lots or parcels identified in the County Commencement Report. Upon authorization, the County program will implement inspection, compliance, and enforcement procedures for affected properties as summarized below.
Under the County Weed Abatement Program, all lots or parcels on the Commencement List will be charged a basic inspection fee. If a parcel is not in compliance during inspection, the property owner faces an additional failed inspection fee and receives a final courtesy notice to abate the weeds. If the hazards remain unaddressed, the County contractor will complete the abatement. The County’s contractor uses equipment such as tractors and/or hand tools only to abate hazards, which limits environmental impacts
If the property owner does not approve the County contractor to enter their property, the County will obtain a warrant to do so. The property owner is responsible for payment of the contractor’s fees, the warrant fee, and a County administrative fee. These charges are added to the property owner’s property tax bill. Properties that meet and maintain minimum fire safety standards are only charged the annual inspection fee and are removed from the list after three consecutive years of compliance.
The City Council has the authority to remove properties from the Commencement List and waive fees, creating a possible shortfall in funding for the County Program. If the Program does not recover all its costs, participating jurisdictions must pay the remaining amount based on each jurisdiction’s proportional share of properties within the Program. If the City Council removes a significant number of properties from the Commencement List, rendering the Program financially unviable within Santa Clara, the County may exercise its right to cancel the agreement.
By partnering with the County, the City uses existing infrastructure and operational efficiencies. This avoids extra costs and staffing needed for an independent compliance and abatement program. The approach lowers financial and administrative impact and supports community safety. Significant program changes, such as a City-managed model, would need careful fiscal and operational review to ensure long-term success.
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15308 of Title 14 of the California Code of Regulations as the Weed Abatement Program is authorized by both state and local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment.
FISCAL IMPACT
In previous years, the Program has had minimal fiscal impact on the City and was adequately funded by fees charged to non-compliant property owners. These fees paid for inspection, administrative, and abatement services, and kept the Program self-sufficient under the County's cost-recovery model. The City’s administrative role has been, and will continue to be, limited to staff time for complaint tracking, inspection coordination, agenda preparation, community inquiries, and City Council support.
This year, the County has notified participating jurisdictions, including the City, of a projected budget shortfall for FY 2026/27. This shortfall is driven by reduced work order fees and lower abatement activity in 2025. Each participating agency will be invoiced based on its proportional share of properties in the County program. The City’s estimated cost for FY2026/27 is $47,893, representing 10.64% of all program parcels in the County. The final invoice will be provided after June 30, 2026. If needed, staff will return to the City Council with proposed budget amendments at the second public hearing, tentatively set for July 28, 2026.
COORDINATION
This report has been coordinated with the Community Development Department, Finance Department, City Attorney’s Office, and City Manager’s Office.
PUBLIC CONTACT
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 or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Determine the proposed actions are exempt from CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of Title 14 of the California Code of Regulations;
2. Adopt a Resolution ordering the abatement of nuisance consisting of growing weeds in the City; and
3. Set March 24, 2026, as the date for the required Public Hearing to consider testimony regarding non-compliant lots.
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution Declaring Weeds a Nuisance
2. Notice to Destroy Weeds