REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting February 20, 2024, for Public Hearing to Consider Testimony Regarding Non-Compliant Lots
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On February 23, 1976, the City Council approved an agreement with Santa Clara County to administer weed abatement with the City of Santa Clara. For the past 47 seasons, the weed abatement program has been expeditiously carried out by the County Department of Consumer & Environmental Protection Agency with satisfactory results for Santa Clara residents. This agreement has reduced the City’s staff time required to administer the weed abatement program.
Santa Clara County and the City of Santa Clara work together to protect our community from fire. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative overgrowth and the accumulation of combustible materials.
Santa Clara Municipal Code Chapter 8.15, in alignment with the California Government Code, specifies weed abatement procedures. This chapter requires property owners to conduct weed abatement activities in a timely manner through their own means. However, there are some property owners that, even with proper notification, do not comply with the weed abatement orders. In these cases, the City authorizes the Santa Clara County Department of Consumer & Environmental Protection Agency to inspect, remove, and destroy weeds on non-compliant lots or parcels of land.
The Weed Abatement program is entirely funded from fees charged to property owners. All lots or parcels on the commencement list will be charged a basic inspection fee. If the parcel is not in compliance at the time of inspection, the property owner will be charged an additional failed inspection fee and receive a final courtesy notice as a reminder to abate their weeds. The County contractor will complete the work if the property owner does not abate the identified hazards. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in their property tax bill. Properties that meet and maintain the minimum fire safety standards will only be charged for the annual fee. These properties will be removed from the list after three years of compliance. The County’s contractor only utilizes mowing and/or hand tools to abate hazards to limit environmental impacts.
DISCUSSION
The Fire Department requests the City Council authorize Santa Clara County to commence with the 2023-2024 Weed Abatement Program for the forthcoming season. It is requested that the City Council, in accordance with Section 8.15 of the City Code, adopt the Resolution (Attachment 1) declaring weeds to be a public nuisance. Additionally, the Fire Department requests that the Council authorize the posting of a Notice of Public Hearing (Attachment 2) scheduled for February 20, 2024, to hear public input regarding the proposed destruction and/or removal of weeds from non-compliant lots or parcels of land contained within the County Commencement Report.
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 City of Santa Clara administers the weed abatement program with the Santa Clara County Consumer & Environmental Protection Agency with minimal staff time. The County’s cost for inspection or abatement services, including administrative fees, will be assessed upon the respective lots or parcels of land. All charges for the weed abatement services are included as a special assessment on the following year's Property Tax statement. Per 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 by 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 the 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 before a Regular Meeting and 24 hours before 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
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 February 20, 2024, 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