Ord 1871 - Authorizing Investigations of Conditions which may Present a Public NuisanceORDINANCE 1871
ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING
INVESTIGATIONS OF CONDITIONS WHICH MAY PRESENT A
PUBLIC NUISANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
The Town Council hereby finds that it is within the authority and
responsibility of the Town Council to declare a public nuisance and to respond
to and abate public nuisances within the Town's jurisdiction. The Town Council
finds that the exercise of its authority to abate public nuisances may require
investigation into the causes and effects of the public nuisance(s) , the persons
or entities responsible for contributing to the public nuisance(s), and matters
relating to the appropriate prevention, control and abatement of those nuisances.
SECTION II
In any action or proceeding to investigate or declare a public nuisance,
the Town Council may exercise its authority pursuant to Government Code Section
37104 to issue subpenae for the production of books, records and documents
relevant to the subject matter or such investigation, as well as subpenae to
compel testimony of any person or entity that may have information relevant to
the investigation. The production of books, records and documents in response
to such subpenae shall be to the Town Clerk who shall transmit them to the Town
Council and make them available to the Town Attorney. Subpenae to Compel the
giving of testimony shall require the subpenaed person or appropriately
designated representative(s) of an entity, to appear and give testimony either
before the Town Council or before an officer appointed by the Town Council, who
is authorized to preside over depositions in civil actions. If testimony is
given before such an officer, the officer shall transmit to the Town Council the
recorded testimony, together with all objections to questions and all failure
or refusals to fully respond to questions. Interrogation or persons giving
testimony pursuant to a subpena issued hereunder shall be conducted by the Town
Council, by any member(s) of the Town Council authorized by majority vote of the
Town Council, by the Town Attorney, or by an attorney appointed by either the
Town Council or the Town Attorney.
If any person duly subpenaed neglects or refuses to obey a subpena, or,
appearing, refuses to testify or answer any questions which a majority of the
Town Council decides proper and pertinent, the Mayor, acting by and through the
Town Attorney or by an attorney appointed by either the Town Council or the Town
Attorney, shall present the matter to a judge of the Santa Clara County Superior
Court for the appropriate action as provided by law.
SECTION III
This ordinance takes effect 30 days after 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.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on September 16, 1991 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 October 7, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
J
CLERK OF THE TOWN OF LOS GA S
L0S GATOS, CALIFORNIA
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