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PAGE 2 <br />MAYOR AND TOWN COUNCIL <br />SUBJECT; 100 LONGMEADOW <br />(INSERT DATE) <br />The Town Attorney's Office filed a petition for an Inspection Warrant, which the Superior Court issued <br />on August 18, 2010. Upon receipt of the Notice, the property owner re-engaged and cooperated when <br />Town officials served the Inspection Warrant on August 24, 2010. The inspection revealed numerous <br />dangerous conditions, which must be abated. Because the property owner is about to lose the home to <br />foreclosure, he does not have the means to correct the violations. <br />DISCUSSION: <br />At this point, the Town's options include: (1) maintaining the status quo - or essentially doing nothing; <br />(2) waiting until the auction sale to see if the new owner steps forward; or (3) proceeding with <br />abatement action. <br />California Government Code section 38773.5 authorizes legislative bodies to enact ordinances for <br />nuisance abatement. Los Gatos Municipal Code section 1.10.100 authorizes the Town Council to <br />declare a public nuisance which may be abated by Town action. Once abated, the law authorizes a lien <br />against the property to recover the cost of the abatement, similar to a tax assessment lien. <br />This is a very well-maintained neighborhood. The subject property is located on the corner as one enters <br />the neighborhood, presenting visual blight as well as the more serious public safety issues. Waiting to <br />learn whether the house gets sold, and thereafter, whether the new owner will cooperate may not be a <br />good response to neighbors who have been waiting patiently for a resolution. More importantly, the <br />safety issues, particularly during fire season, continue to present an unacceptable threat. <br />RECOMMENDATION: <br />Staff recommends that the Council adopt the resolution declaring the property to be a public nuisance. <br />ENVIRONMENTAL ASSESSMENT; <br />The recommended action is not subject to CEQA. <br />Attachments <br />1. Three photographs of the property at 100 Longmeadow Drive <br />2. Resolution of the Town Council of the Town of Los Gatos to Declare the Condition of the Real <br />Property at 100 Longmeadow Drive A Public Nuisance <br />