NVF:VXC
01/19/2021
T-2612.016 / 1879008 1
Council Agenda: 02-08-2022
Item No.: 8.1
DRAFT—Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE OVERRULING ALL OBJECTIONS TO THE 20 22-
2023 HAZARDOUS VEGETATION COMMENCEMENT
REPORT AND DIRECTING THE SANTA CLARA COUNTY
CONSUMER AND ENVIRONMENTAL PROTECTION
AGENCY TO ABAT E 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
WHEREAS, on December 1 4, 2021, the City Council of the City of San José (“City Council”) received evidence and by its Resolution No. 80328: (a) found and determined that noxious and/or dangerous seasonal and/or recurrent weeds are growing or are likely to g row upon and/or that refuse is situated upon certain street s, parkways, sidewalks or private properties, all as shown in the Hazardous Vegetation Commencement Report for the year 2022-2023 (“Report”), compiled by Office of the Santa Clara County Consumer a nd Environm ental Protection Agency , which was submitted to the City Council on December 14, 2021; (b) declared that said seasonal and/or recurrent weeds and refuse constitute a public nuisance that must be abated by removal of said weeds and refuse in orde r to protec t the health, safety and welfare of residents of the City of San José; and (c) directed the County Consumer and Environmental Protection Agency to give notice of the passage of Resolution No. 80328 pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code; and
WHEREAS, as directed by Council, notice of the passage of Resolution No. 80328 was mailed by the County Consumer and Environmental Protection Agency to owners of all parcels in the Hazardous Vegetation Management Program; and
NVF:VXC
01/19/2021
T-2612.016 / 1879008 2
Council Agenda: 02-08-2022
Item No.: 8.1
DRAFT—Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, on February 8, 2022, the City Council heard and considered all objections from property owners to the inclusion of their properties in the Hazardous Vegetation Management Program, and the proposed removal of weeds and refuse from their properties at a public hearing held pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. Any and all objections to the proposed removal of said seasonal and recurrent weeds and refuse from said streets, parkways, sidewalks, and private property in the City of San José as listed on the Hazardous Vegetation Commencement Report for the year 2022-2023 of seasonal and recurrent weeds and refuse have been heard and are hereby overruled.
2. The Ha zardous Vegetation Commencement Report for the year 2022-2023 prepared by the Santa Clara County Consumer and Environmental Protection Agency is hereby accepted and confirmed.
3. The Director of Planning, Building and Code Enforcement is hereby di rected to:
(a) cause the Santa Clara County Consumer and Environmental Protection Agency to abate the public nuisances or cause them to be abated by having said weeds and refuse removed from said streets, parkways, sidewalks and private properties; and (b) keep and m aintain the accepted Hazardous Vegetation Commencement Report for the year 2022-2023 prepared by the Santa Clara County Consumer and Environmental Protection Agency on file at the Code Enforcement Division of Planning, Building and Code Enforcem ent for ful l particulars respecting the location of said streets, parkways, sidewalks and private properties.
NVF:VXC
01/19/2021
T-2612.016 / 1879008 3
Council Agenda: 02-08-2022
Item No.: 8.1
DRAFT—Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk