1990-043-Denying Appeal Of Health Officer Decision Relating To Finding Of No Health Hazard At 16070 Or 16245 Greenridge TerraceRESOLUTION 1990 - 43
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF SANTA CLARA COUNTY HEALTH OFFICER
DECISION RELATING TO FINDING OF NO HEALTH HAZARD AT
16070 OR 16245 GREENRIDGE TERRACE
( GREENRIDGE TERRACE - DUANE AND SUSAN FISH)
WHEREAS:
1. Duane and Susan Fish appealed a decision of the Santa
Clara County Health Officer as follows: no finding of violation
of Town Code Section 25 -18 which provides that it is unlawful to
maintain any septic tank injurious or dangerous to health which
overflows the land; and
2. A public hearing was held by the Town Council on September
5, 1989 and continued to September 18, October 16, November 6,
November 20, December 4, 1989 and January 2 and February 5, 1990
on which latter date further public hearing was held.
BE IT RESOLVED:
1. The Town Council hereby finds that there is not sufficient
definitive evidence that Town Code Section 25 -18 has been violated
and that both the Santa Clara County Department of Public Health,
Environmental Health Division, and the California Regional Water
Quality Control Board have investigated the Appellants' contentions
and have concluded that no health hazard exists on the subject
property at Greenridge Terrace.
2. The Town Council hereby further finds that although there
is a failure of proof of a violation of Town Code Section 25 -18,
there may be issues pertinent for the County of Santa Clara related
to alleged improper repairs of a septic tank system at 16245
Greenridge Terrace.
3. Based on the foregoing findings, the Town Council hereby
denies the appeal and orders no further action by the Town until
new evidence is produced and reviewed by the Santa Clara County
Health Department.
Pursuant to Los Gatos Town Code Section 1 -15, the time for
seeking judicial review for the Town Council decision is governed
by California Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos, California, held on the 20th day of
February, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson,
Robert L. Hamilton, Mayor Thomas J. Ferrito
NAYS: Brent N.Ventura
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF
LOS GATOS,
ATTEST:
CLERK OF THE TOWN =0S GATOS
LOS GATOS, CALIFORNIA
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