Chapter 8.20 of Title 8 of the Sunnyvale Municipal Code states that the City Council shall pass a resolution ordering the destruction of weeds as a nuisance and order the Director of Community Development to allow the property owner the right to destroy or remove weeds growing on his or her property or have the same destroyed or removed at his/her expense prior to the removal of said weeds by the Director of Community Development. The attached resolution provides for the exemption of certain properties possessing specified environmental characteristics. Staff recommends adoption of the resolution.

Weeds are defined as all weeds growing upon streets, alleys, sidewalks, or private property in the City (SMC 8.20). Vegetation which is considered to be a weed includes plants that when dry may be a fire hazard to adjacent property, an accumulation of garden refuse, cuttings or combustible trash, as well as weeds which bear seeds. Property owners are responsible for removing weeds from their property and in the abutting half of any street or alley between the lots.

The order to destroy weeds is not issued until weed abatement procedures by the Neighborhood Preservation Division have been completed. Staff investigates the complaint regarding weeds and determines that there are high weeds covering a large portion of the property making the property unsightly. Two weeks after the property owners have been contacted and verbally requested to remove the weeds on their property, a written request for removal of the weeds is sent. If this is not accomplished, a second letter is sent with an attached Abatement Notice. If the weeds have not been removed by the date on the Abatement Notice, the City contractor is ordered to remove the weeds within ten (10) working days. The cost of the weed removal by the City contractor is added to the property taxes for the property.

At the February 15, 2000 City Council meeting, Council passed a resolution declaring weeds growing in the City of Sunnyvale to constitute a public nuisance. In addition, the City Council set February 29, 2000 as the date for a public hearing to order the Director of Community Development to have weeds destroyed or removed on properties where the property owners have failed to remove or destroy weeds.

The cost of weed abatement is recovered through the property tax assessments from each property owner.

In accordance with Chapter 8, Section 8.20.20 of the Sunnyvale Municipal Code, notice of passage of resolution and of the time and place of the hearing was published on February 2, 2000 in the Sunnyvale Sun, a newspaper of general circulation in the County of Santa Clara, more than ten (10) days prior to the date of the hearing.

That the City Council, by resolution, order the destruction of weeds.

Prepared by:

Dyane Matas
Housing & Neighborhood Preservation Officer

Reviewed by:

David S. Boesch, Jr.
Director, Community Development

Approved by:

Robert S. LaSala
City Manager