Ord 2191 - Neighborhood Preservation Chapter in Town CodeORDINANCE 2191
ORDINANCE ADDING A NEW CHAPTER 30 TO THE LOS GATOS TOWN CODE
ENTITLED "NEIGHBORHOOD PRESERVATION"
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 30, entitled "Neighborhood Preservation" is hereby added to the Los Gatos
Town Code, and shall read as follows:
Sec. 30.10.010 Purpose. This chapter is adopted to promote the health, safety, and welfare of
the residents of the Town. of Los Gatos. This Chapter will further implement the goals of the
General Plan, the Zoning Chapter, and the extensive protections included within the Town Code
aimed at enhancing and preserving the quality of life and property values in the Town. These
regulations are necessary to stabilize and protect the. aesthetic appearances and the quality and
character of the Town's residential neighborhoods, as well as its commercial districts, and
industrial properties, and to prevent the impairment of property values.
Sec. 30.10.020 Definitions. For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
A. Fire Harshal. The Santa Clara County Fire Marshal or his or her designee.
B. Town Engineer. The Los Gatos Town Engineer or his or her designee.
C. Highway. Away or place of whatever nature, publicly maintained and open to
the use of the public for purposes of vehicular travel. "Highway" includes "street," "right-of-
way;" "thoroughfare" and "sidewalk,"
D. Owner. Any person owning, occupying, leasing, or otherwise having control of
real property or uses thereon;
E. Owner of the vehicle. The registered owner and legal owner of record of the
subject vehicle.
F. Person. Any natural person, firm, association, organization, partnership, trust, or
association of persons, joint venture, corporation or company, and any officer or agent thereof.
G. Vehicle. A device by which any person or property may be propelled, moved, or
drawn upon a highway, street or thoroughfare, except a device moved by human power or used
exclusively upon stationary rails or tracks.
Sec. 30.10.030 Conditions of Property. An owner of real property shall not allow or maintain
any of the following on his or her property:
a. Overgrown, diseased, dead or decayed trees, weeds or other vegetation, which:
(i) in the opinion of the Fire Marshal constitutes a fire hazard; or
(ii) in the opinion of the Town Engineer constitutes a danger to those using the property
or adjacent public or private property.
b. The storage of equipment, materials, standing water, and/or vegetation overgrowth which
are likely to harbor or provide habitat for rats, vermin, mosquitoes, and other pests;
c. Garbage, refuse, trash, debris or waste, except as stored in accordance with the provisions
of Chapter 11 of the Town of Los Gatos Municipal Code;
d. ~ Garbage receptacles in view from a public right of way, except within twenty four (24)
hours of the designated day .and time the garbage is scheduled to be collected;
e. Graffiti which remains for a period longer than ten (10) days;
£ Conditions which, due to their accessibility to the public, -may prove hazardous or
dangerous, including, but. not limited to:
(1) Unused and/or broken equipment;
(2) Abandoned wells, shafts or basements;
(3) Hazardous or unprotected pools, ponds or excavations;
(4) Structurally unsound fences or other structures;
(5) Machinery which is inadequately secured or protected;
(6) Lumber, trash, or debris;
(7) Storing or keeping of chemicals or motor oil.
(8) Refrigerators or appliances with the door(s) still attached.
g. Any airplane or other aircraft, or any parts thereof on residentially zoned property;
2
h. On residentially zoned properties: any construction, commercial, or other equipment,
machinery, or materials except that construction equipment, machinery or material which is
temporarily kept within or upon the property for and during the time such equipment, machinery
or material is required for the construction or installation of improvements or facilities on that
property. However, in no event shall the construction equipment, machinery or materials be in
the front or side yard areas visible from a public street for any period of time in excess of twelve
(12) consecutive months or twelve (12) nonconsecutive months in any eighteen (18) month
period.
i. Any of the following when located in the front or side yard and visible from public right-
of-way: refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household
appliances, equipment, machinery, furniture (other than furniture designed and used for outdoor
activities), firewood, lumber, salvage materials, building materials, unmounted campers,
unmounted camper tops, unmounted camper .shells, vessels not on trailers, boats, trailers, or any
part of any of the listed items for a period of time in excess of seventy-two (72) consecutive
hours, except as specifically provided herein;
j. Any of the following when located in the front or side yard and visible from public right-
of-way: boxes, cargo containers, storage containers, containers, or dumpsters, in excess of
seventy-two (72) consecutive hours, or for more than two (2) occasions in a calendar year,
except as otherwise permitted by this code, or when engaged in ongoing construction activity,
pursuant to an active building permit;
k. Any storage unit or shed in the front yard or in the side yard and visible from a public
right-of--way;
1. On residentially zoned property, any business or activity which- dismantles, disassembles,
builds, remodels, assembles, crushes, repairs, paints, washes, cleans or services motor vehicles,
aircraft, motorcycles, recreational vehicles, boats or trailers owned by a person other than the
property owner; '
m. Any tent, temporary shelter, car canopy, or collapsible structure in the front or side yard
and visible from a public right-of--way for a period in excess of seventy-two (72) hours or for
more than two (2) occasions in a calendar year;
n. Any use of a parking lot, driveway, carport, or parking structure for other than vehicular
parking, ingress and egress, except as expressly authorized by permit;
o. Any fence, or other structure .installed on or upon any public property, including
structures within the public right-of--way, except as authorized by permit;
p. The use of outdoor barbecues or other methods of cooking food outdoors to be sold is
prohibited, except as expressly authorized by a festival permit or a permit issued pursuant to
Town of Los Gatos Municipal Code.
q. The parking or storage of vehicles on landscaped surfaces or unpaved surfaces.
r. The parking or storage of inoperable vehicles on residentially-zoned properties when
visible from a public sidewalk, street, or thoroughfare.
s. Any construction, demolition or remodeling activity to the exterior of a structure which is
not completed within .eighteen (18) months of commencement.
Section 30.10.040 Sign Enforcement. No person or owner shall erect or permit a sign to be
located outside of a building or business, unless authorized by aTown-issued permit. The term
"sign" shall include "A-frame" signs, sandwich boards, banners, or any other type of off-premise
sign .located anywhere outside the building. The area "outside" a business includes doorways,
walkways, sidewalks, and driveways leading toward the entrance of a business.
Section 30.10.050 Merchandise. No business establishment shall maintain or allow any display
of merchandise outside their building without aTown-issued permit. A "display" includes but is
not limited to a clothes rack, table with merchandise, or any other physical structure that may
block the public right-of--way.
Sec. 30.10.060 Penalty for Violations. Violation of this Chapter shall be a misdemeanor unless
charged as an infraction. Each day a violation occurs or continues may be charged as and
punishable as a separate offense.
Sec. 30.10.070 Severability. In the event that any part of this ordinance is held to be invalid, the
invalid part or parts shall be severed from the remaining portions which shall remain in .full force
and effect.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on May 17, 2010 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on June 7, 2010.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt
NAYS
ABSENT:
ABSTAIN:
SIGNED:'
(~~q,H~ 1Uc~llr~f'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TEST:
n
ERK A MINISTRATOR OF THE TOWN OF LOS GATOS
L S, CALIFORNIA