Article II — WEEDS

For the purposes of this article, the word "weeds" shall mean all weeds growing upon or abutting streets, alleys, sidewalks, or private property in the Town, including, but not limited to, the following:

(1)

Weeds which bear or may bear seeds of a downy or wingy nature;

(2)

Sagebrush, chaparral and any other brush or weeds which may attain such large growth as to become, when dry, a fire menace;

(3)

Weeds which are otherwise noxious or dangerous;

(4)

Poison oak when the conditions of growth are such as to constitute a menace to the public health;

(5)

Dead vegetation, fallen limbs, brush, combustible trash, or other flammable material which endangers public safety by creating a fire hazard.

(Code 1968, § 14-13; Ord. No. 2293, § I, 11-5-19)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

(a)

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the Town shall permit weeds to remain upon such premises, or public sidewalks, or streets,

or alleys between such premises and the centerline of any public street or alley.

(b)

Every property owner shall remove or destroy such weeds from such owner's property, abutting sidewalks, and the abutting half of any streets or alleys between the lot lines as extended.

(c)

Property owners within the Wildland Urban Interface (WUI) whose property abuts Hillside Collector, Neighborhood Collector, and/or Local Street roadway classifications shall remove or destroy such weeds within ten feet of the roadway to prevent or avoid undue hardship in fighting fire.

(Code 1968, § 14-14; Ord. No. 2293, § II, 11-5-19; Ord. No. 2302, § II, 2-4-20)

(a)

Whenever any weeds are growing upon any private property or in any sidewalk, street or alley within the Town, the Town Council shall pass a resolution declaring the same to be a public nuisance, ordering the Town Engineer to give notice of the passage of such resolution as provided in this article, and stating that, unless such nuisance is abated within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the Town Engineer or Town Engineer's representative, whichever time shall be later, by the destruction or removal of such weeds, as provided in this article, the Town shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, or in the front and rear of which, such weeds shall have been destroyed, or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds.

(b)

The notice shall be in substantially the following form:

"NOTICE TO DESTROY WEEDS

"NOTICE IS HEREBY GIVEN that on _____, 19, pursuant to the provisions of Section 11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.010 of such Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

"NOTICE IS FURTHER GIVEN that property owners shall, within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the Town Engineer of the Town of Los Gatos, or the Town Engineer's representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and

will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town, on _____, 19, at _______ o'clock p.m., when and where their objections will be heard and given due consideration.

"Dated this _______ day of _____, 19.

(c)

Such notice shall be published at least twice in a newspaper of general circulation published in the Town, the first publication of which shall be at least ten (10) days prior to the time fixed by the Town Council of hearing objections. Such notice shall also be posted at least ten (10) days prior to the time fixed by the Town Council for hearing objections, in three (3) prominent places in the Town.

(Code 1968, § 14-15)

At the time stated in the notice given pursuant to section 11.20.020, the Town Council shall hear and consider any objections to the proposed destruction or removal of such weeds, and may continue the hearing from time to time. The Town Council, by motion or resolution, shall allow or overrule any objections, if any, after which the Town Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction and removal of such weeds.

(Code 1968, § 14-16)

The Town Council shall, by motion or resolution, order the Town Engineer, or the Town Engineer's representative, to abate a nuisance under this article, or cause the same to be abated, by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by the Town Council; and the Town Engineer and the deputies, assistants, employees, contracting agents or other representatives of the Town Engineer are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right of destruction or removal of such weeds by the property owner, by cutting, discing, chemical spraying or any other method determined by the Town Council, or to have the same destroyed or removed at the property owner's expense; provided, that such weeds shall have been removed prior to the arrival of the Town Engineer, or the Town Engineer's authorized agents or representatives, to remove them.

(Code 1968, § 14-17)

(a)

The Town Engineer, or the authorized agent or representative of the Town Engineer, shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the Town Council, which shall be filed with the Town Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.

(b)

The Town Clerk shall post a copy of such report and assessment list in three (3) prominent places in the Town, one (1) of which shall be posted at the Town Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the Town Council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation published in the Town. The posting and first publication of such notice shall be made and completed at least ten (10) days before the time such report is submitted to the Town Council. Such notice, as so posted and published, shall be substantially in the following form:

"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT

"NOTICE IS HEREBY GIVEN that on _____, 19, the Town Engineer of the Town of Los Gatos filed with the Town Clerk of said Town a report and assessment on abatement of weeds within said Town, one copy of which is posted at the Town Hall.

"NOTICE IS FURTHER GIVEN that on _____, 19, at the hour of _______ o'clock p.m., in the Council chambers of said Town, said report and assessment list will be presented to the Town Council of said Town for consideration and confirmation; and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

"Dated this _____ day of _____, 19.

(c)

At the time and place fixed for receiving and considering such report, the Town Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the Town Engineer, or the Town Engineer's representative, shall attend such meeting with the Town Engineer's record thereof, and, upon such hearing, the Town Council may make such modifications in the proposed assessment as it, by motion or resolution, deems reasonable and necessary, after which such report and assessment list shall be confirmed.

(d)

The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after so made and confirmed, shall constitute a lien upon such property for the amount of such assessment, until paid.

(Code 1968, § 14-18)

On or before August tenth of the year in which the report is confirmed by the Town Council, the Town Clerk shall cause a certified copy of such confirmed report to be filed with the County Auditor, in order that the County Auditor may enter each such assessment on the County tax roll opposite the parcel of land referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general Town taxes are collected, and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided by law for Town taxes. All laws and ordinances applicable to the levy, collection and enforcement of Town taxes are hereby made applicable to such special assessments.

(Code 1968, § 14-19)

This article is adopted pursuant to the provisions of Government Code sections 39501 and 39502, as an alternative and additional remedy to those otherwise promoted by law, or ordinance of the Town.

(Code 1968, § 14-20)