Ord 2098 - Amending Section 1.10.100 Adding Administrative Procedure for Summary Abatement of Nuisances and Assessment of the Costs of AbatementORDINANCE 2098
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 1.10.100 OF THE
LOS GATOS TOWN CODE ADDING AN ADMINISTRATIVE PROCEDURE FOR
SUMMARY ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF
ABATEMENT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Violations of the Code of the Town of Los Gatos constitute public nuisances, which may
abated through the initiation of civil or criminal court actions, or by administrative proceedings, so
long as the Town Council adopts an ordinance pursuant to California Government Code §38770, et
seq. This ordinance is intended to adopt a procedure for summary abatement of nuisances and
assessment to the subject parcel of the costs of abatement, pursuant to California Government Code
§38773.5, and in order to maximize the ability of the Town to enforce the provisions of the Town
Code.
SECTION II
The Town Code of the Town of Los Gatos is hereby amended to add subsection (c) to section
1.10.100, to read as follows:
(c) This Code may also be enforced by the initiation of an administrative
proceeding pursuant to California Government Code §38773.5. Any such proceeding shall
be initiated by the Town Manager, or any employee designated to enforce the provisions of
this Code, who shall take appropriate steps to notice a public hearing before the Town
Council, which notice shall state the purpose of the hearing to determine whether a public
nuisance exists at a location specified in the notice, shall set forth the time, date and location
of the hearing and the address, telephone number, location and hours of operation of the
Office of the Town Clerk, to whom questions concerning the hearing may be addressed, and
shall be sent by certified mail to the owner of the subject property, as determined from the
county assessor's or county recorder's records. The hearing shall occur no less than ten (10)
days after the date the notice is mailed. Should the Town Council determine, based on
evidence presented at the hearing, that a public nuisance exists, it shall order the Town
Manager to take all reasonable steps to abate the nuisance. Upon abatement of the nuisance,
the Town Manager, or any employee designated to enforce the provisions of this Code, shall
take appropriate steps to notice a second public hearing before the Town Council, which
notice shall state the purpose of the hearing to impose the assessment of the costs of
abatement on the property identified in the notice, shall set forth the time, date and location
of the hearing and the address, telephone number, location and hours of operation of the
Office of the Town Clerk, to whom questions concerning the hearing may be addressed, shall
specify that the subject property may be sold after three years by the tax collector for unpaid
delinquent assessments, and shall be sent by certified mail to the owner of the subject
property, as determined from the county assessor's or county recorder's records. The hearing
shall occur no less than ten (10) days after the mailing of the notice. At the conclusion of
hearing, the Town Clerk shall take necessary steps to levy the assessment imposed by the
Town Council. The assessment may be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to the same penalties and the
same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 3, 2002, and adopted by the following vote as an Ordinance of the Town of Los Gatos
at a meeting of the Town Council of the Town of Los Gatos on June 17, 2002. This Ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
None
None
Steven Blanton
SIGNED:
ATTEST:
a
CLERK OF THE TOWN O OS GATOS
LOS GATOS, CALIFORNIA