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Legislative Public Meetings

File #: 18-1436    Version: 1 Name:
Type: Consent Calendar Status: Passed
File created: 10/16/2018 In control: Council and Authorities Concurrent Meeting
On agenda: 12/4/2018 Final action: 12/4/2018
Title: Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting January 29, 2019 for Public Hearing
Attachments: 1. Resolution - Declaring Weeds to be a Nuisance, 2. Public Notice - Notice to Destroy Weeds, 3. Resolution No. 18-8630
REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting January 29, 2019 for Public Hearing
Report

BACKGROUND
The City of Santa Clara has deemed the overgrowth of weeds on properties within the City a public nuisance. The City mandates that property owners conduct weed abatement activities through their own means in a timely manner. However, there are some property owners that, even with proper notification, do not comply with the weed abatement orders. As outlined in the City's Municipal Code Chapter 8.15, the City authorizes the Fire Department to abate weeds on any non-compliant property.

DISCUSSION
The Fire Department requests to commence the 2018-2019 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 attached Resolution declaring weeds to be a public nuisance. Additionally, the Fire Department requests that Council authorize the posting of a Notice of Public Hearing scheduled for January 29, 2019, to hear public input regarding the proposed destruction and/or removal of weeds from non-compliant properties. The City contracts with Santa Clara County to perform all weed abatement services within the City.

ENVIRONMENTAL REVIEW
Santa Clara County has determined the Weed Abatement Program to be categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Guideline 15308.

FISCAL IMPACT
The County's costs of abatement are assessed to the parcel owner and are managed by the County. Costs include inspection, correspondence, abatement services, and cost recovery collection. There is generally no cost to the City other than staff time and expense. However, in the event that there is a programmatic shortfall at the County, the City will be charged for the shortfall based on our pro-rata share of expenses; any such shortfall is estimated to be less than $2,500. Such costs are signific...

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