SUBJECT:     ADOPTION OF A RESOLUTION ACCEPTING THE 2001-2002 HAZARDOUS VEGETATION COMMENCEMENT REPORT COMPILED BY THE OFFICE OF THE SANTA CLARA COUNTY FIRE MARSHAL, DECLARING SEASONAL AND RECURRENT WEEDS AND REFUSE TO BE A PUBLIC NUISANCE, AND DIRECTING NOTICES BE SENT TO AFFECTED PROPERTY OWNERS.

 

Council District:  City-wide

 

 

RECOMMENDATION

 

It is recommended that the City Council adopt a resolution:

 

  1. Accepting the 2001-2002 Hazardous Vegetation Commencement Report compiled by the Office of the Santa Clara County Fire Marshal; and

 

  1. Declaring that those certain noxious or dangerous seasonal and recurrent weeds, growing or likely to be growing, and refuse, situated or likely to be situated, on those properties identified in the report are a nuisance; and

 

  1. Directing the Office of the Santa Clara County Fire Marshal to mail notices of a public hearing, on December 18, 2001 at 1:30 p.m. before the City Council, on the report to property owners of affected real properties, pursuant to Chapter 9.12 of Title 9 of the San Jose Municipal Code and the Weed Abatement Agreement between the City of San Jose and the County of Santa Clara.

 

BACKGROUND

 

The report was compiled by the Office of the Santa Clara Fire Marshal, pursuant to Chapter 9.12 of the San Jose Municipal Code and the Weed Abatement Agreement between the County of Santa Clara and the City of San Jose.  The report identifies where a dangerous accumulation of weeds is growing, or likely to be growing, or where a dangerous accumulation of refuse is situated, or is likely to be situated, upon streets, parkways, sidewalks or vacant private properties in the City.  Each year, these noxious or dangerous seasonal and recurrent weeds and refuse are declared to be a public nuisance by resolution of the City Council.

 

ANALYSIS

 

The report identifies the locations, assessor’s parcel numbers and owners of all properties that are proposed to be monitored under the Hazardous Vegetation Management Program.  A copy of the report is available for review in the Code Enforcement Division office.  The Department of Planning, Building and Code Enforcement has reviewed the report and it is our recommendation that the City Council accept the report.  Further, the Council should direct the County Fire Marshal to mail notices of a public hearing, before the City Council, on the report to each property owner of real property listed on the report.  The notice will advise property owners of the date, time and place of the public hearing before the City Council, at which they will have the opportunity to voice any objections or concerns with regard to the inclusion of their property in the Hazardous Vegetation Management Program, as well as the proposed removal of such weeds and refuse.  These notices will also contain information about required maintenance standards, abatement procedures and abatement charges.

 

PUBLIC OUTREACH

 

The Office of the County Fire Marshal will mail notices of the date, time and place of the public hearing to the property owners of affected real properties, pursuant to Chapter 9.12 of Title 9 of the San Jose Municipal Code.

 

FISCAL IMPLICATIONS

 

Acceptance of the 2001-2002 Hazardous Vegetation Commencement Report, declaration of a public nuisance and direction for mailing of notices will have no fiscal impact on the City of San Jose.

 

COORDINATION

 

This memorandum has been coordinated with the City Attorney’s Office and the Office of the Santa Clara County Fire Marshal.

 

 

Joseph Horwedel, Acting Director

Planning, Building and Code Enforcement