81-30 Santa Clara County Weed Abatement,PLEASE RETURN T0:
City of Cupertino • '
• ~ 10300 Torre Avenue _°
Cupertino, CA 95014
AGREEMENT FOR Tf~E ABATEMENT OF
WEEDS BY COUNTY OF SANTA CLARA
FOR CITY OF CUPERTTNO
THE FOLLOWING is an Agreement between COUNTY OF SANTA CLARA,
State of California, hereinafter c;alled "County," and CITY OF
CUPERTINO, Santa Clara County, California, hereinafter called
"City,".
WHEREAS, City has the power to conduct weed abatement under
Government Code of the State of C~~lifornia ~ 39500, et seq.; and
WHEREAS, City has home rule authority to adopt ordinances far
public health, safety and welfare, including weed abatement
procedures; and
WHEREAS, City has exercised this power by adoption of Chapter
No. 9.08 of the Cupertino Municip~~l Code, for weed abatement; and
WHEREAS, County, under provisions of tY:e Health and Safety
Code of the State of California ar~d under its ordinances has the
power to enforce the abatement of hazardous weeds; and
WHEREAS, the Board of Supervisors of Santa Clara County, by
resolution has exercised the powez• granted to County pursuant to
the Health and Safety Code of the State of Ca~ifornia, commencing
at Section 14875; and
WHEREAS, the parties hereto have the power to enforce weed
abatement within their corporate limits; and
WHEREAS, County is desirous of contracting with City for the
County Fire Marshal to perform thE~ actual services of abatement of
weeds; and
WHEREAS, County is agreeable to rendering such services and
City is agreeable to have such services rendered under the terms
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and conditions hereinafter set forth for tY~e reason of efficie cy
and mutual benefit of both partie:~,
NOW, THEREFORE, it is hereb;~ agreed as follows:
1. Purpose of Agreement. 7'he purpose of this Agreement is
to promote the efficiency and economy of operations in the abate-
ment of weeds by City and County. This Agreement shall provide
for the performance by County of functions relat~_ng to weed abate-
ment in territory within the City at the same time that County is
working in the Urban Service Area of City. The functions to be
performed by County for City shal]. be hereinafter set forth.
2. Joint Cooperation. County shall prepare, from Assessor's
Parcel Maps, the list o` parcels zequiring abatement of weeds in
the City and transmit it to City f'or review and approval for pro-
cessing. The County Fire Marshal shall transmit the final list of
parcels to the City Manager of City, or to his designated repre-
sentative, for appropriate action in accordance with law.
3. Notice. County shall prepare the notice of weed abate-
ment and cause such notice to be mailed to the owners of the parcels
requiring weed abatement.
4. Hearing by Council. The: Council of City shall conduct
public hearings on the proposed removal of weeds pursuant to the
provisions of the City ordinance v~•hen the Fire Marshal presents
such appropriate resolutions or orders for adoption. The Council
may by resolution declare the weeds on the respective parcels of
land as nuisances, make the determination to proceed with the
abatement of weeds, and authorize the performance of the service
of removal of weeds in accordance with this Agreement.
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5. County Responsibilities,. After action is taken at each
stage by the Council, County, through. the Fire Marshal shall cause
the abatement of weeds in the fol:Lowing manner: Upon proper
authorization by City to County, t:hE: Fire Marshal shall remove the
weeds on the designated propertie:~, where the need for weed abate-
ment still exists, because owners have failed to so remove said
weeds.
6. Statement of Costs. ThE~ Fire Marshal shall render to
the City an itemized statement or report of the cost of the weed
abatement services perfor_~med for t:he respect`~ve parcels of land
in the City on or before the tentYi day of August of each year,
which shall include the County's ~idministrative cost of 25~ of the
cost for City parcels of weed abatement services of the weed abate-
ment contractor for the respectivE~ parcels. The statement shall
include the description of the logs and parcels of land for which
weed abatement services were performed, and verification by sig-
nature of the Co~~:nty Fire Marshal and the City Manager of City,
or his designated representative.
7. Inclusion of Assessment on County Tax Bill. The City
Council, after hearing, shall regL~ire the County Tax Collector
to include the costs of the weed <<batement service performed for
City for the current year, as a s~~ecial assessme:~t on bills for
taxes levied against the respective lots and parcels of land.
Such special assessments shall be liens on the respective pro-
perties.
8. Time and Manner of Collection. The amounts of the
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assessments shall be collected at the same time and in the same
manner as county taxes are collected, and are subject to the
same penalties and the same procedure and sale in case of delin-
quency as provided for ordinary county taxes.
9. Remittance of Costs. Tlie cost of weed abatement shall
be advanced by County and reimbur:~ed to County as and when col-
lected by County Tax Collector.
10. Liability. City shall ~~ssume no liability for the pay-
ment of salary, wages or other compensation to officers, agents,
employees or contractors of Count~~ performing services hereunder.
City shall not be liable for compensation or indemnity to
County officers or employees, or t:o third persons, for injury or
sickness arising out of the weed ~~batement operations under this
Agreement, excluding any damages or injury arising out of any
dangerous or defective condition of public property of the City.
11. Records. Each officer or department of County perform-
ing any service pursuant to this ~~greement shall keep itemized
and detailed work or job records covering the cost of all services
performed.
12. Independent Contractors. It is agreed that this Agree-
ment is by and between independent. contractors, and it is not in-
tended nor shall it be construed t.o create the relationship of
agent, servant, employee, partnership, joint venture or association
between County and City.
13. Duration of Agreement. This Agreement shall become ef-
fective on date of execution and shall run until the governing
body of City or County shall exercise the right to terminate this
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