REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Adoption of a Resolution Ordering the Abatement of a Nuisance Consisting of Growing Weeds in Association with the County Weed Abatement Program for 2025
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Since 1976, the City has partnered with Santa Clara County's Weed Abatement Program, a critical initiative to enhance community safety, business environments, and neighborhood aesthetics by mitigating the risk of fires. Through systematic vegetation and debris management, the program reduces fire hazards, promotes a healthier environment, enhances the overall visual appeal of neighborhoods and business districts, and contributes to a higher quality of life for residents and businesses. This collaboration aligns with the City's goal of delivering efficient, cost-effective services while upholding fiscal responsibility.
The Weed Abatement Program, managed by the Santa Clara County Consumer and Environmental Protection Agency (County), has enabled the City to leverage economies of scale, streamline operations, and maintain high service levels with minimal financial impact. Aligned with the California Government Code, Santa Clara Municipal Code Chapter 8.15 outlines the procedures for weed abatement. Property owners must conduct timely weed abatement activities on their properties. Despite notification, certain property owners fail to maintain their properties per the County's minimum fire safety standards (Attachment 1). 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 a cost-recovery program solely funded by 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 parcel's location with GPS to ensure accurate property identification. Once parcels are put on the Commencement Report, they will remain in the program for three (3) years to ensure ongoing compliance.
At the close of the County inspection season, once a property is placed on the County Commencement Report, the City will provide the property owner another opportunity to demonstrate compliance with City Code Enforcement before the public hearing the following year. At the public hearing, the City Council will take action to determine the properties that will remain in the official County Commencement Report and be charged the basic inspection fee upon the second inspection of the property.
After the City Council declares weeds a nuisance, the County program sends a notification packet to all the property owners in the proposed Commencement Report (Attachment 2). Once a property is included in the official County Commencement Report and the parcel complies with the County's minimum fire safety standards at the second County inspection, no further action is required beyond paying the basic inspection fee. If the property is found non-compliant during the second County inspection, the property owner will be charged an additional processing 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.
The county contractor will complete the work if the property owner does not abate the identified hazards within 15 days. The County's contractor utilizes environmentally conscious methods, limiting the hazard abatement to mowing and/or hand tools. The property owner is responsible for paying the contractor's costs and all applicable County administrative fees. All fees are included in the following year's property tax bill as a special assessment. This special assessment will remain on the property tax bill for at least three (3) years.
The partnership with Santa Clara County for weed abatement has been integral to maintaining the safety and aesthetics of our community. As part of the ongoing commitment to community well-being, there are some options for assistance in weed abatement for individuals with mobility or disability challenges.
In 2024, the Weed Abatement Program Commencement Report identified 206 non-compliant parcels or lots. Among these, 205 received inspections, incurring a $96 per parcel or lot fee generating $19,680. Of the 205 properties inspected, 46 parcels failed an inspection, requiring administrative enforcement action and a $546 per parcel or lot fee, for a total of $25,116. Seventeen (17) required physical abatement by the County's contractor and were charged the $884 administrative fee, generating $15,028. Eleven (11) properties required a second inspection at $96 per parcel before obtaining a warrant for $1,056. The individual parcel abatement costs varied depending on the parcel size and the abatement level. The total abatement costs for 2024 were $36,721.02. The cumulative charges assessed to City of Santa Clara property owners in 2024 totaled $97,601.22 which includes the fees assessed from April 2024 - July 2024 in the 2024 Weed Abatement Program Assessment Report (Attachment 4), the rollover fees from 2023 and the fees assessed from August 2024 - December 2024.
DISCUSSION
On February 25, 2025, the City Council passed a resolution declaring weeds a nuisance in alignment with Chapter 8.15 of the City Code. Subsequently, a Public Hearing was scheduled for March 25, 2025, to allow citizens to express their concerns or objections to the 2025 Weed Abatement Commencement Report (Attachment 3). For 2025, the County has identified 262 non-compliant parcels or lots of land in Santa Clara. Fifty-eight (58) properties were newly added to the list for 2025.
During the February 25, 2025, City Council meeting, City Council was notified that the City's Code Enforcement would visit the 58 properties added to the 2025 County Commencement Report for 2025 and provide a report with their recommendations. Code Enforcement completed the inspection of these properties and determined that 38 of those properties had resolved their safety hazards and were compliant at the time of inspection. Therefore, the City's Code Enforcement is recommending that these 38 properties (highlighted on Attachment 5) be removed from the 2025 County Commencement Report, leaving 20 proposed new properties, and a total of 224 properties on the 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 County Department of Consumer & Environmental Protection Agency costs for the destruction or removal, including administrative fees, will be assessed upon the lot or parcel of land from which weeds have been destroyed or removed. Such costs shall constitute a lien upon said lots and be collected upon the following year's tax roll as a special assessment. Per the 2022 Amended and Restated agreement, if the tax assessments are insufficient to cover the program's costs, the County will invoice the City for their pro-rata share of the program's shortfall each December.
The County has successfully recovered costs incurred to date, indicating effective financial management. Notably, there is no current fiscal impact on the City's budget.
The Council may remove properties from the Commencement Report and the associated fees incurred. However, if the County program does not fully recover its costs, the remaining amount needed for full cost recovery will be paid by the jurisdictions in the program based on the percentage of the number of properties in each jurisdiction relative to the total number of properties in the County program. If Council removes too many properties from the Commencement Report, rendering the program financially unviable in Santa Clara, the County may exercise its right to cancel the agreement.
The partnership with the County program enables the City to leverage the County’s infrastructure and operational efficiencies, eliminating the need for additional costs associated with independently managing a compliance program. By relying on the County’s expertise, the City effectively minimizes financial and operational demands while maintaining community safety. However, any significant program changes, such as transitioning to a self-managed model, would necessitate a comprehensive evaluation to ensure long-term fiscal and operational viability.
COORDINATION
This report has been coordinated with the 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 the City Hall Council Chambers. The notice of Public Hearing was published in the Santa Clara Weekly newspaper in accordance with SCCC 8.15.080. 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 or at the public information desk at any City of Santa Clara public library. All property owners on the 2025 County Commencement List were notified of the public hearing date by a letter from the County program. Property owners who were investigated by the County in 2024 and added to the 2025 County Commencement List were inspected by City Code Enforcement. After this inspection, a recommendation for which properties shall remain on the County Commencement Report is provided to the City Council for this meeting.
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. Accept the recommendation from the City’s Code Enforcement for the removal of the 38 properties who have come into compliance from the County’s 2025 Commencement Report;
3. Adopt a Resolution Ordering the Abatement of a Nuisance Consisting of Growing Weeds in the City of Santa Clara on the Identified Parcels (less those properties removed under Recommendation 2) in Accordance with City Code Chapter 8.15 and in Association with the County Weed Abatement Program, for 2023-2024 (Attachment 6).
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Weed Abatement Brochure Minimum Fire Safety Standards
2. County Weed Abatement Notification Packet 2025
3. 2025 Weed Abatement Commencement Report
4. Santa Clara Assessment Report 2024
5. Recommendations by CDD for County Commencement Report 3-19-2025
6. Resolution Order the Abatement 03.25.2025 DRAFT