Overruling Objections to the 2023-2024
Weed Abatement Commencement Report
and Directing the Removal of Weeds or
Refuse
City Council, Item 8.1
Deferred from 2/7/2023 to 2/28/2023
Presenter: Rachel Roberts, Deputy Director,
Code Enforcement Division, PBCE
Overview
• Program Partnership
• Annual Process
• Property Owner Notification/Information
• Abatement Example - Before and After
• Staff Recommendation
www.sanjoseca.gov/CodeEnforcement
1 Program Partnership
• In 1995, Santa Clara County and the City entered into an agreement for the County to administer the Weed Abatement Program on behalf of the City.
• Purpose of program - to protect property, surrounding areas and public from fire by ensuring minimum fire safety standards are met on identified parcels.
• County Administers Program in San José and throughout the County. • Currently San José has 308 vacant (non-developed) parcels enrolled in the Weed Abatement Program.
• The Code Enforcement Division oversees the program and facilitates compliance with regulatory requirements under San José Municipal Code Title 9, Chapter 9.12 including public hearings and Council Resolutions.
• Goal-voluntary compliance, cost recovery program.
www.sanjoseca.gov/CodeEnforcement
2 Annual Process:
November - July
www.sanjoseca.gov/CodeEnforcement
November
• Hazardous
Vegetation
Commencement
Report (Report)
prepared by
County
December
• December 13,
2023-Public
Hearing to
accept Report/
declare weeds a
public nuisance
• Post Hearing-
County sends
property owner
letter of
responsibility to
abate weeds
February
• City Council
hears property
owner appeals
contesting:
1) Inclusion of
property in
Program
2) Requirement to
abate weeds or
combustible
material prior to
March 1
st
deadline
March
• March 1st-
Compliance
inspections
begin
• County
performs
abatement to
remove weeds
from non-
compliant
properties
June
• Cost recovery
program and
abatement fees
incurred by
County
submitted to
Code
Enforcement
July
• Public Hearing
scheduled
(Appeals
Hearing Board)
for County to
add unpaid fees
as Special
Assessment Tax
Bill
• Property
owners
provided
opportunity at
Hearing to
contest fees
Item 8.1
3 www.sanjoseca.gov/CodeEnforcement
Property Owner Notification/Information
Notice of Public
Hearings Notice to Destroy Return Reply Form
Weed Abatement
Brochure
(Minimum Fire
Safety Standards)
Program Schedule,
Fees and Price List
4 www.sanjoseca.gov/CodeEnforcement
Abatement - Before and After
5 Staff Recommendation
Adopt a resolution:
(a) Overruling any- and- all objections to the 2023-2024 Weed Abatement Commencement Report; and
(b) Directing the Santa Clara County Consumer and Environmental Protection Agency to abate the seasonal and/or recurrent public nuisances on those properties identified in the 2023-2024 Weed Abatement Commencement Report pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara. www.sanjoseca.gov/CodeEnforcement
6