NVF:VXC:JMD
2/3/2023
T-2612.017/1965942_7 1
Council Agenda: 2-28-2023
Item No.: 8.1
DRAFT—Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
REVISED - Administrative changes made since original posting on 2/3/2023.
RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE OVERRULING ALL OBJECTIONS TO THE 2023-2024
WEED ABATEMENT COMMENCEMENT REPORT AND
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
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 13, 2022, t he City Council of the Cit y of San José (“City Council”) received evidence and by its Resolution No. 80818: (a) found and determined that noxious and/or dangerous weeds which ar e seasonal and/or recurrent are growing or are likely to grow upon the st reets, parkways, sidewalks or private properties, all as shown in the Weed Abatement Commenc ement Report for the year 2023-2024 (“Report”), compiled by the Santa Clara County Consumer and Environmental Protection Agency, which was submitted to the City Council on December 13, 2022; (b) declared that said seasonal and/or recurrent weeds situated or likely to be situated on those properties identified in the Report c onstitute a public nuisance that must be abated by removal of said weeds and refuse in order to protect the health, safety and welfare of residents of the City of San José; and (c) dire cted the Santa Clara County Consumer and Environmental Pr otection Agency to give notice of a public hearing on February 7, 2023 (subsequently deferred by the City Council to February 1428, 2023) at 1:30 P.M. before th e City Council pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code; and
NVF:VXC:JMD
2/3/2023
T-2612.017/1965942_7 2
Council Agenda: 2-28-2023
Item No.: 8.1
DRAFT—Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
REVISED - Administrative changes made since original posting on 2/3/2023.
WHEREAS, on February 1428, 2023, the City Council heard and considered all objections from property owners to the inclus ion of their properties in the Santa Clara County Consumer and Environm ental Protection Agency’s Weed Abatement Program, and the proposed removal of weeds and refuse fr om 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 CO UNCIL OF THE CITY OF SAN JOSE THAT:
1. Any and all objections to the proposed re moval of said seasonal and recurrent weeds and refuse from said streets, par kways, sidewalks, and private property in the City of San José as listed on t he Weed Abatement Commencement Report for the year 2023-2024 of seasonal and re current weeds and refuse have been heard and are hereby overruled.
2. The Weed Abatement Co mmencement Report for the year 2023-2024 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 directed to:
(a) cause the Santa Clara County Cons umer and Environmental Protection Agency to abate the public nuisances or cause them to be abated by having said weeds and refuse removed from said st reets, parkways, si dewalks and private properties; and (b) keep and maintain the accepted Weed Abatement Commencement Report for the year 2023-2024 prepared by the Santa Clara County Consumer and Environmental Protection Agency on file at the Code Enforcement Division of Planning, Bu ilding and Code Enforcement for full particulars respecting the location of said streets, parkw ays, sidewalks and private properties.
NVF:VXC:JMD
2/3/2023
T-2612.017/1965942_7 3
Council Agenda: 2-28-2023
Item No.: 8.1
DRAFT—Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
REVISED - Administrative changes made since original posting on 2/3/2023.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Ma
yor
ATTEST:
TONI J. TABER, CMC
Cit
y Clerk