NVF:VXC:JMD
12/8/2022
T-2612.017 / 1981291_2 1
Council Agenda: 12/13/2022
Item No.: 2.20
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 ACCEPTING AND CONFIRMING THE 2023-
2024 HAZARDOUS VEGETATION COMMENCEMENT
REPORT COMPILED BY THE COUNTY OF SANTA
CLARA, CONSUMER AND ENVIRONMENTAL
PROTECTION AGENCY, WEED ABATEMENT PROGRAM,
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
PUBLIC NUISANCE; AND DIRECTING NOTICES OF A
PUBLIC HEARING TO BE HELD ON FEBRUARY 7, 2023
AT 1:30 P.M. (OR SHORTLY THEREAFTER) BE SENT TO
AFFECTED PROPERTY OWNERS
WHEREAS, the Director of the Department of Planning, Building and Code Enforcement (“Director”) has caused the County of the Santa Clara’s Consumer and Environmental Protection Agency, Weed Abatement Program, to prepare a Hazardous Vegetation Commencement Report for the year 2023-2024 describing that noxious and/or dangerous seasonal and/or recurrent weeds, as defined in Chapter 9.12 of the San José Municipal Code, are growing or are likely to grow upon certain streets, parkways, sidewalks or private properties and that refuse, as defined in Chapter 9.12 of the San José Municipal Code, is situated or likely to be situated upon certain streets, parkways, sidewalks or private properties; and
WHEREAS, the existence of these weeds and/or refuse is considered dangerous or injurious to neighboring property and/or to the health, safety and welfare of the community at large;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
NVF:VXC:JMD
12/8/2022
T-2612.017 / 1981291_2 2
Council Agenda: 12/13/2022
Item No.: 2.20
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
1. The Council hereby accepts and confirms the Hazardous Vegetation Commencement Report (“Report”) for the year 2023-2024 prepared for the Director by the County of Santa Clara’s Consumer and Environmental Protection Agency, Weed Abatement Program, which describes that noxious and/or dangerous weeds which are seasonal and/or recurrent are growing or are likely to grow upon the streets, parkways, sidewalks or private properties as referenced in the Report and that refuse is situated or is likely to be situated upon certain streets, parkways, sidewalks or private properties as referenced in the Report;
2. The Council hereby declares 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 public nuisance which must be abated by removal of the weeds and refuse in order to protect the health, safety, and welfare of the residents of the City of San José (“City”) in the vicinity of those properties;
3. The Council hereby confirms that the streets, parkways, sidewalks and private properties upon which a nuisance exists are as shown on the Report for the year 2023-2024, which was made available to this Council for inspection by the Department of Planning, Building and Code Enforcement. A full and complete copy of the Report is available upon request from the Code Enforcement Division of the Department of Planning, Building and Code Enforcement; and
4. The Council hereby directs the County of Santa Clara’s Consumer and Environmental Protection Agency, Weed Abatement Program, to mail notices of a public hearing on February 7, 2023 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 José Municipal Code and the Weed Abatement Agreement between the City and the County of Santa Clara.
NVF:VXC:JMD
12/8/2022
T-2612.017 / 1981291_2 3
Council Agenda: 12/13/2022
Item No.: 2.20
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