City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Fire
Meeting Date: December 4, 2023
Report #:2310-2096
TITLE
Adoption of a Resolution for Weeds to be Declared a Public Nuisance and Setting February 26, 2024 for a Public Hearing for Objections to the Proposed Weed Abatement.
RECOMMENDATION
Staff recommends that Council adopt the attached resolution:
1. Declaring weeds to be a public nuisance;
2. Setting February 26, 2024, for a public hearing on objections to proposed weed abatement; and
3. Directing staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code.
BACKGROUND
On April 18, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for the administration of weed abatement. For the past seasons, the weed abatement program has been expeditiously carried out by the County Department of Agriculture and Resource Management with results satisfactory to Palo Alto residents.
DISCUSSION
Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon their premises, public sidewalks, streets, or alleys. It also specifies the procedures to be followed to abate weeds, in the event owners do not remove them. The procedures are as follows:
- Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement. - Public Notice. This notice informs property owners of the passage of the resolution and provides that property owners shall remove weeds from their property, or the
abatement will be carried out by Santa Clara County (County). The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing. - Public Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After the City Council hearing and considering any objections, the Council may allow or overrule any or all objections. If objections are overruled, the County will be asked to perform the work of destruction and removal of weeds. The action taken by the Council at the December 4, 2023, meeting will set this public hearing date on February 26, 2024.
An overview of the program and annual calendar for the steps involving City Council action is provided in Attachment B.
FISCAL/RESOURCE IMPACT
There is no direct fiscal impact of this action on the City. The City of Palo Alto administers the weed abatement program with the County Department of Agriculture and Resource Management with a minimal amount of staff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are considered liens on these properties.
STAKEHOLDER ENGAGEMENT
Santa Clara County Department of Agriculture and Environmental Management coordinates the weed abatement program. Coordination includes contracts, inspections, nuisance reports/lists, and fees. Engagement with impacted property owners is outlined above in the Public Notice details, after this resolution is adopted, Santa Clara County will mail out a notice of hearing to all property owners on the 2024 Weed Abatement Commencement report. Staff will publish a legal advertisement in the local newspaper and post it on the city bulletin board
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL REVIEW
The Santa Clara County Counsel has determined the Weed Abatement Program be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
ATTACHMENTS
Attachment A: Resolution Declaring Weeds a Public Nuisance Attachment B: Weed Abatement Program Overview
APPROVED BY:
Geoffrey Blackshire, Fire Chief