REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Adoption of a Resolution Ordering the Abatement of a Nuisance on 228 Identified Parcels Consisting of Growing Weeds in Accordance with City Code Chapter 8.15 and in Association with the County Weed Abatement Program, for 2023-2024
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City Council, on February 23, 1976, approved a partnership with Santa Clara County to administer the Weed Abatement program. Over the past forty-seven years, the County's Department of Consumer & Environmental Protection Agency has efficiently managed the program, yielding satisfactory results for Santa Clara residents. The program enjoys broad community support and complaints are rare. Complaints that are received are expeditiously addressed by County staff. This collaboration has significantly reduced the City's costs associated with weed abatement.
Aligned with the California Government Code, Santa Clara Municipal Code Chapter 8.15 outlines the procedures for weed abatement. Property owners are mandated to conduct timely weed abatement activities on their properties. Despite notification, a relatively small number of property owners fail to maintain their properties in accordance with the County’s minimum fire safety standards (Attachment 3). In such instances, the City authorizes the Santa Clara County Department of Consumer & Environmental Protection Agency to inspect, remove, and destroy weeds on non-compliant parcels or lots of land.
The County Weed Abatement program is solely funded on program fees charged to property owners by the County of Santa Clara. Typically, a property is placed in the program Commencement Report by a County Weed Abatement program inspector who identifies a potential fire hazard during inspections within the City. The County can also receive referrals for potential hazards from community members or through service requests from City staff. A County inspector documents the hazard(s) present, photographs the hazard, and records the location of the parcel with GPS to ensure accurate property identification. Once parcels are put on the Commencement Report, they will remain in the program for a 3-year term to ensure ongoing compliance.
Official warning notices to property owners are not part of the County’s program, however homeowners on the Commencement Report are provided with an opportunity to abate prior to the County taking action. All properties placed on the Commencement Report will receive a program letter and will be charged a basic inspection fee. If the parcel complies with the County’s minimum fire safety standards, no further action is required beyond payment of the basic inspection fee. If the property is found not in compliance at the time of inspection, the property owner will be charged an additional failed inspection fee and will receive a final courtesy notice as a reminder to abate the identified hazard(s) within 15 days. The 15-day notification and/or program letters are sent to the legal address on file with the Tax Assessor’s Office. It is the owner’s responsibility to keep this information current. If the property owner does not abate the identified hazards, the County contractor will complete the work. The property owner is responsible for paying the contractor’s costs and all applicable County administrative fees. All fees are included in the next property tax bill as a special assessment.
The County's contractor utilizes environmentally conscious methods, limiting the use of mowing and/or hand tools to abate hazards. The partnership with Santa Clara County for weed abatement has been integral to maintaining the safety and aesthetics of our community.
DISCUSSION
The Weed Abatement program serves a vital role in preventing risks associated with vegetative overgrowth and the accumulation of combustible materials. For 2023, the Weed Abatement Program Commencement Report identified a total of 123 non-compliant parcels or lots. Among these, 62 parcels necessitated inspection only, incurring a cost of $92 per parcel or lot, for a total of $5,704. Additionally, 42 parcels failed an inspection, requiring administrative enforcement action at a cost of $611 per parcel or lot, for a total of $25,662. Nineteen (19) required physical abatement by the County’s contractor. The individual parcel abatement fees varied depending on the size of the parcel and the level of abatement. The total abatement costs for 2023 were $73,677.94. The cumulative charges assessed to City of Santa Clara property owners in 2023 totaled $105,043.94 (Attachment 5).
On January 30, 2024, the City Council passed a resolution declaring weeds a nuisance in alignment with Chapter 8.15 of the City Code and scheduling a Public Hearing for February 20, 2024, to allow citizens to express their concerns or objections to the 2024 Weed Abatement Commencement Report (Attachment 4). The Notice to Destroy Weeds and notice of this public hearing was published in the Santa Clara Weekly newspaper on February 7, 2024 and February 14, 2024 in accordance with SCCC 8.15.080 (Attachment 2).
For 2024, the County has identified 228 non-compliant parcels or lots of land in the City of Santa Clara that have been placed on the Commencement Report. In accordance with City Code Sections 8.15.050 and 8.15.060, the Fire Department is seeking Council approval to adopt a resolution ordering the abatement of a nuisance consisting of growing weeds for parcels within the City of Santa Clara (Attachment 1).
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
The County Department of Consumer & Environmental Protection Agency charges for the destruction or removal of vegetative overgrowth and accumulated combustible materials, including administrative fees. These costs are assessed upon the lot or parcel of land from which vegetation or combustible materials have been destroyed or removed. Such costs shall constitute a lien upon said lots and will be collected upon the next year’s tax roll as a special assessment. In accordance with the 2022 Amended and Restated agreement, if the tax assessments are insufficient to cover the costs of the program, the County will invoice the City for their pro-rata share of the programs’ shortfall each December.
The County has been successful in recovering costs incurred to date, indicating effective financial management. If a shortfall were to occur, the Fire Department would cover the City’s pro-rata share costs in its Community Risk Reduction Division’s Operating Budget.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’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. The Notice of Public Hearing was published in the Santa Clara Weekly newspaper on February 7, 2024 and February 14, 2024 in accordance with SCCC 8.15.080.
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 a Nuisance on 228 Identified Parcels Consisting of Growing Weeds in Accordance with City Code Chapter 8.15 and in Association with the County Weed Abatement Program, for 2023-2024
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution Ordering the Abatement of Weeds
2. City of Santa Clara Public Notice to Destroy Weeds
3. Fire Safety Through Vegetation Management - Minimum Fire Safety Standards
4. 2024 Weed Abatement Commencement Report
5. 2023 Weed Abatement Program Assessment Report Data Summary