Ord 1863 - Modifying the Rules for Conditions of Approval and the Enforcement Section of the Zoning OrdinanceORDINANCE 1863
AN ORDINANCE OF THE TOWN OF LOS GATOS
MODIFYING THE RULES FOR CONDITIONS OF APPROVAL
AND THE ENFORCEMENT SECTION OF THE ZONING ORDINANCE.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
• ; "1� 1
SECTION I
Section 5.70.040 of the Town Code is amended to read:
Section 5.70.040: Violation Infraction
Any person, firm or corporation, whether as principal, agent, employee or otherwise,
violating any of the provisions of this Ordinance is guilty of an infraction. Such person,
firm or corporation shall be deemed to be guilty of a separate offense for each and every
day during any portion of which any violation of this Ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be punishable as herein provided.
Non - compliance with conditions of a zoning approval is a violation of,-the Zoning
Ordinance.
SECTION II
Section 5.70.036 shall be added to the Los Gatos Zoning Ordinance as follows:
Section 5.70.036 Inspection and Right of Entry.
Any Town official is authorized to make such inspections as may be necessary to
enforce this ordinance.
Whenever a Town official has reasonable cause to believe a violation of any provision
of this ordinance exists in or on a premises, the official shall ask permission of the occupant
of such premises, or the owner or custodian thereof if the premises are unoccupied, to
C1 1 \CNCLRPTS \8 -5 #6. PLN
inspect the premises. If permission is denied, the Town official shall secure an inspection
warrant. Entry shall not be secured by a grant of authority beyond that otherwise provided
by law.
SECTION III
Section 5.70.037 shall be added to the Los Gatos Zoning Ordinance as follows:
Section 5.70.037 Liability.
Any Town official, acting in good faith and without malice in the discharge of his /her
duties, shall not be personally liable for any damage resulting from any act or by reason of
any act or omission in the discharge of his /her duties. Any legal action taken against such
Town official because of such act or omission performed by him /her in the enforcement
of any provision of this ordinance shall be defended by legal counsel provided by this
jurisdiction until final termination of such proceedings.
The Town shall not be held liable by reason of the inspections authorized by this
ordinance.
SECTION IV
This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this Ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town
C11 \CNCLRPTS \8- 5 #6.PLN 2
This Ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on August 5, 1991, 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
August 19, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
NAYS: None
ABSENT: Eric D. Carlson, Mayor Brent N. Ventura
ABSTAIN: None
SIGNED.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF rOS GATOS
LOS GATOS, CALIFORNIA
C11 \CNCLRPTS \8 -5 #6. PLN 3