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
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