REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of a Resolution Declaring Weeds a Public Nuisance; Approval of the Amended and Restated Agreement between Santa Clara County and the City of Santa Clara for Weed Abatement Services; and Setting February 8, 2022 for Public Hearing
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
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 California Government Code Sections 39501 et seq., and the City's Municipal Code Chapter 8.15, the City authorizes the Fire Department to abate weeds on any non-compliant property.
The County of Santa Clara has administered the Weed Abatement program for 13 jurisdictions within Santa Clara County, including the City of Santa Clara, since 1976. In 2021, the County requested a restated agreement between the County and the City of Santa Clara for Weed Abatement Services in order for the County to fully recover its service costs in administering the City's weed abatement program and to make other clarifying changes. There have been 8 previous approved agreements between the parties since the program's inception. The County has requested an amendment to the existing agreements where the participating jurisdictions would take part in the program and bear the financial burden of any future financial shortfalls. Note that not every year has shortfalls. In years where there are excess amounts of fees collected, these are put forward to the upcoming year's budget to offset operating costs.
As proposed, in the event that the amount of reimbursement through the assessment process is not sufficient for the costs of the program, the C...
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