SUBJECT: ADOPTION OF A RESOLUTION OVERRULING OBJECTIONS TO THE 2001-2002 HAZARDOUS VEGETATION COMMENCEMENT REPORT AND DIRECTING THE DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT TO CAUSE THE REMOVAL OF WEEDS OR REFUSE.

Council District: City-wide

RECOMMENDATION

It is recommended that the City Council adopt a resolution:

1. Overruling any and all objections to the 2001-2002 Hazardous Vegetation Commencement Report (Report); and

2. Directing the Office of the Santa Clara County Fire Marshal to abate the seasonal and/or recurrent public nuisances on those properties identified in the Report 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

On November 27, 2001, the City Council adopted a resolution accepting the 2001-2002 Hazardous Vegetation Commencement Report (Report), compiled by the Office of the Santa Clara County Fire Marshal, which declared that certain noxious or dangerous seasonal and recurrent weeds and refuse identified in the Report were a public nuisance, and directed the Fire Marshal to notify owners of real properties identified in the Report of this public hearing. This hearing is the opportunity for property owners to object to the inclusion of their property in the Hazardous Vegetation Management Program, as well as the proposed removal of weeds and refuse from their property, as provided in Chapter 9.12.190 of the San Jose Municipal Code.

ANALYSIS

The Hazardous Vegetation Commencement Report was reviewed by the Department of Planning, Building and Code Enforcement. Property owners of parcels included in the Report were notified of minimum fire safety standards and have the option of abating hazards themselves. Historically, few objections have been raised when parcels are included in the program. Most appeals came from new property owners seeking clarification on the weed abatement program or looking to advise Council that they will comply in removing the hazardous vegetation within the guidelines as set forth in the program. It is recommended that any objections from property owners to the inclusion of their property as identified in the Hazardous Vegetation Management Program Report or the proposed removal of the seasonable and recurrent weeds and refuse from the property be overruled; and that Historically, few property owners appear to raise objection to their parcels being included in the program. Property owners that appear generally have recently purchased the property and seek clarification regarding the weed abatement program or wish to advise Council that they will comply in removing the hazardous vegetation within the guidelines as set forth in the progr Council direct the Director of Planning, Building and Code Enforcement to notify the Santa Clara County Fire Marshal to abate the public nuisances on properties identified in the Report 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.

PUBLIC OUTREACH

On November 28, 2001, the Office of the County Fire Marshal mailed a notice to owners of all parcels in the Hazardous Vegetation Management Program. The notice advised property owners of the requirement to remove seasonal and recurrent weeds and refuse, of the minimum fire safety standards by which parcels must be maintained, and the costs that would be incurred should the Fire Marshal’s Office have to abate the public nuisance created by the weeds and refuse. The notice also advised owners of the date, time and place of this public hearing during which they may object to the placement of their property in the program.

FISCAL IMPLICATIONS

There is no direct financial impact on the City of San Jose. Property owners are assessed on their property tax bill for any abatement work performed by the Santa Clara County Fire Marshal.

COORDINATION

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

Joseph Horwedel, Acting Director

Planning, Building and Code Enforcement