Loading...
Ord 1824 - Urgency Ordinance Establishing the Los Gatos Abatement Program for the Mitigation of Structural HazardsORDINANCE 1824 URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING THE LOS GATOS ABATEMENT PROGRAM FOR THE MITIGATION OF STRUCTURAL HAZARDS WHEREAS, conditions of peril to the safety of persons and property remain unabated since the earthquake that occurred on October 17, 1989; and WHEREAS, it is necessary to suspend any section of the Town Code, Uniform Code For The Abatement of Dangerous Buildings or Urgency Ordinance 1800 that is inconsistent with the intent and purpose of this urgency ordinance; and WHEREAS, numerous structures within the Town limits have suffered damage caused by the earthquake and continue to pose a threat to public safety due to structural defects or attractive nuisance; and WHEREAS, said damaged structures are continuing to deteriorate due to natural elements and the owners of these structures are in need of assistance in abatement or mitigation of such concerns; and WHEREAS, such damaged structures are having a negative effect on business operations, business recovery and property values; and WHEREAS, certain structures are endangering pedestrian safety and encroach in Public Right of Ways; and WHEREAS, on October 22, 1989 the Town Council expressed the policy of the Town to encourage restoration of damaged structures so that the Town may return to its appearance as existed prior to the earthquake, to facilitate said restoration, preserve historic buildings and increase public safety. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I PURPOSE AND INTENT This urgency Ordinance is intended to establish procedures and regulations for the abatement of structural hazards as a result of the earthquake that occurred on October 17, 1989 or the aftershocks that occurred subsequent to the main earthquake (hereafter "earthquake "). The purpose of this Urgency Ordinance is to provide for increased community safety through the abatement of hazardous structures (or conditions) caused by the earthquake. All reasonable efforts shall be made to not negatively impact restoration and reconstruction and, whenever possible, effect actions consistent with building preservation and public safety. SECTION II DEFINITIONS The Director of Building Services (vested as Building Official) shall inspect or cause to be inspected any structure suspected of being dangerous due to earthquake damage (posing a public threat or nuisance). The Director of Building Services shall make findings consistent with Sections 301 and 302 of the Uniform Code For the Abatement of Dangerous Buildings (UCADB), 1985 Edition. The term "repair" may also include mitigation of dangerous conditions as deemed appropriate by the Director of Building Services. Such actions that achieve the intent of this ordinance and mitigate hazards may include, fencing, shoring, pedestrian walkway covers and /or other items that would address the findings of dangerous conditions. SECTION III NOTICE AND ORDER The Director of Building Services, upon finding conditions and defects sufficient to deem a building dangerous, shall issue a Notice and Order to the record owner of the building. The Notice and Order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the Director of Building Services has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section II. 3. A statement of the action required to be taken as determined by the Director of Building Services. 4. A statement providing specified time limits to secure permits (as necessary) and commence work to satisfy required actions stated in #3. In no case shall the specified time be less than 20 days. 5. A statement advising (i) that any person having any record title or legal interest in the building may appeal from the Notice and Order or any action of the Director of Building Services to the Board of Appeals (Town Council), provided the appeal is made in writing and filed with the Director of Building Services within 20 days from the date of service of such Notice and Order; and (ii) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. When a valid appeal is received, the Town Clerk shall set a hearing date at the next appropriate Council session which allows the notice of said hearing to be published in a newspaper of general circulation 10 days prior to the hearing. The Service of Notice and Order, Method of Service and Proof of Service, shall be in accordance with Section 401 (c through e) of UCADB. The Board of Appeals hearing and the Director of Building Services official report shall follow the guidelines established in Town Code Section 7.01.068 and Section 7.01.069. SECTION IV ENFORCEMENT Compliance (a) General. After any order of the Building Official or the Board of Appeals made pursuant to this ordinance shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of the Building Official or Board of Appeals made pursuant to this ordinance has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may cause such person to be prosecuted under Subsection (a) of this section or institute any appropriate action to abate such building as a public nuisance. (c) Failure to Commence Work. Whenever the required action is not commenced within 20 days after any final notice and order issued under this ordinance becomes effective, The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in Chapters 8 and 9 of the UCADB. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning from the lot, shall be paid over to the person or persons lawfully entitled thereto. SECTION V Performance of Work Prior to ordering any work, the Director of Building Services shall submit a report to the Town Manager for the next appropriate Town Council meeting including required work, the notice and order, descriptions of actions proposed, provide proposals to perform and comment on bids received (if other than Town of Los Gatos Public Works) and request appropriate funding to complete required actions. Itemized records of incurred expenses shall be maintained and made available upon request as per Chapter 9 of the UCADB. SECTION VI This Ordinance supercedes the requirements of the Town Code, Urgency Ordinance 1800 and UCADB to the extent that such provisions are contrary to the intent and purpose of this Urgency Ordinance. SECTION VII Severability If any section, subsection, sentence, clause or phrase of this Urgency Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared invalid or unconstitutional. SECTION VIII CEQA Exemption This urgency ordinance and any permits approved hereunder are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080 (b)(3) and Section 15269 of the CEQA Guidelines. SECTION IX It is necessary for the immediate preservation of the public peace, health and safety that this ordinance take effect immediately to protect public safety, preserve the economic viability of the community, and to insure that the character of the community is preserved. SECTION X Effective Date This ordinance takes effect immediately upon its adoption. Within fifteen (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. SECTION XI Council Action The foregoing ordinance was passed and adopted a regular meeting of the Los Gatos Town Council on the 4th day of June, 1990, by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D. Carlson Robert L. Hamilton, Brent N. Ventura Mayor Thomas J. Ferrito NAYS: NONE ABSENT: NONE ABSTAIN: NONE SIGNED: MAYOR OF LOS GATOS, C ATTEST: Ct -Yr , � Q, CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA WN OF LOS GATOS )RNIA BL03: REPORTS \ORDINANC.URG