Item 17 Staff Report Adopt Ordinance Amending Section 1.10.100 of the Town Code Adding an Administrative Procedure for Summary Abatement of Nuisances and Assessment of the Costs of AbatementMEETING DATE: 6/17/02
ITEM NO. ` ri
COUNCIL AGENDA REPORT
DATE: June 4, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYOA
SUBJECT: ADOPT ORDINANCE AMENDING SECTION 1.10.100 OF THE TOWN
CODE ADDING AN ADMINISTRATIVE PROCEDURE FOR SUMMARY
ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF
ABATEMENT
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of June 3, 2002.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary
published before adoption).
DISCUSSION:
On June 3, 2002 Council introduced Attachment 1, which amends Town Code Section 1.10.100
adding an administrative procedure for summary abatement of nuisances and assessment of the costs
of abatement.
Attachment: Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp [N:IATY\Nuisance.TCR.wpd]
Reviewed by: Town Manager Clerk Finance Community Development
Rev: 6/4/02 0:1 )am
Reformatted: 7/19/99
Filet! 301-05
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 1.10.100 OF THE
LOS GATOS TOWN CODE ADDING AN ADMINISTRATIVE PROCEDURE FOR
SUMMARY ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF
ABATEMENT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Violations of the Code of the Town of Los Gatos constitute public nuisances, which may
abated through the initiation of civil or criminal court actions, or by administrative proceedings, so
long as the Town Council adopts an ordinance pursuant to California Government Code §38770, et
seq. This ordinance is intended to adopt a procedure for summary abatement of nuisances and
assessment to the subject parcel of the costs of abatement, pursuant to California Government Code
§38773.5, and in order to maximize the ability of the Town to enforce the provisions of the Town
Code.
SECTION II
The Town Code of the Town of Los Gatos is hereby amended to add subsection (c) to section
1.10.100, to read as follows:
(c) This Code may also be enforced by the initiation of an administrative
proceeding pursuant to California Government Code §38773.5. Any such proceeding shall
be initiated by the Town Manager, or any employee designated to enforce the provisions of
this Code, who shall take appropriate steps to notice a public hearing before the Town
Council, which notice shall state the purpose of the hearing to determine whether a public
nuisance exists at a location specified in the notice, shall set forth the time, date and location
of the hearing and the address, telephone number, location and hours of operation of the
Office of the Town Clerk, to whom questions concerning the hearing may be addressed, and
shall be sent by certified mail to the owner of the subject property, as determined from the
county assessor's or county recorder's records. The hearing shall occur no less than ten (10)
days after the date the notice is mailed. Should the Town Council determine, based on
evidence presented at the hearing, that a public nuisance exists, it shall order the Town
Manager to take all reasonable steps to abate the nuisance. Upon abatement of the nuisance,
the Town Manager, or any employee designated to enforce the provisions of this Code, shall
take appropriate steps to notice a second public hearing before the Town Council, which
notice shall state the purpose of the hearing to impose the assessment of the costs of
abatement on the property identified in the notice, shall set forth the time, date and location
of the hearing and the address, telephone number, location and hours of operation of the
Office of the Town Clerk, to whom questions concerning the hearing may be addressed, shall
specify that the subject property may be sold after three years by the tax collector for unpaid
delinquent assessments, and shall be sent by certified mail to the owner of the subject
property, as determined from the county assessor's or county recorder's records. The hearing
shall occur no less than ten (10) days after the mailing of the notice. At the conclusion of
hearing, the Town Clerk shall take necessary steps to levy the assessment imposed by the
Town Council. The assessment may be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to the same penalties and the
same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2002, 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 , 2002. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: \ATY\NUI SAN CE_A BATEMENT.ORD
ORDINANCE 2098
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 1.10.100 OF THE
LOS GATOS TOWN CODE ADDING AN ADMINISTRATIVE PROCEDURE FOR
SUMMARY ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF
ABATEMENT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Violations of the Code of the Town of Los Gatos constitute public nuisances, which may
abated through the initiation of civil or criminal court actions, or by administrative proceedings, so
long as the Town Council adopts an ordinance pursuant to California Government Code §38770, et
seq. This ordinance is intended to adopt a procedure for summary abatement of nuisances and
assessment to the subject parcel of the costs of abatement, pursuant to California Government Code
§38773.5, and in order to maximize the ability of the Town to enforce the provisions of the Town
Code.
SECTION II
The Town Code of the Town of Los Gatos is hereby amended to add subsection (c) to section
1 10.100, to read as follows:
(c) This Code may also be enforced by the initiation of an administrative
proceeding pursuant to California Government Code §38773.5. Any such proceeding shall
be initiated by the Town Manager, or any employee designated to enforce the provisions of
this Code, who shall take appropriate steps to notice a public hearing before the Town
Council, which notice shall state the purpose of the hearing to determine whether a public
nuisance exists at a location specified in the notice, shall set forth the time, date and location
of the hearing and the address, telephone number, location and hours of operation of the
Office of the Town Clerk, to whom questions concerning the hearing may be addressed, and
shall be sent by certified mail to the owner of the subject property, as determined from the
county assessor' s or county recorder's records. The hearing shall occur no less than ten (10)
days after the date the notice is mailed. Should the Town Council determine, based on
evidence presented at the hearing, that a public nuisance exists, it shall order the Town
Manager to take all reasonable steps to abate the nuisance. Upon abatement of the nuisance,
the Town Manager, or any employee designated to enforce the provisions of this Code, shall
take appropriate steps to notice a second public hearing before the Town Council, which
notice shall state the purpose of the hearing to impose the assessment of the costs of
abatement on the property identified in the notice, shall set forth the time, date and location
of the hearing and the address, telephone number, location and hours of operation of the
Office of the Town Clerk, to whom questions concerning the hearing may be addressed, shall
specify that the subject property may be sold after three years by the tax collector for unpaid
delinquent assessments, and shall be sent by certified mail to the owner of the subject
property, as determined from the county assessor's or county recorder's records. The hearing
shall occur no less than ten (10) days after the mailing of the notice. At the conclusion of
hearing, the Town Clerk shall take necessary steps to levy the assessment imposed by the
Town Council. The assessment may be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to the same penalties and the
same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 3, 2002, 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 June 17, 2002. This Ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: Steven Blanton
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Town Council Minutes June 17, 2002
Redevelopment Agency Los Gatos, California
ARTS COMMISSION MASTER PLAN/RESOLUTION 2002-90 (12.12)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-90
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE ARTS
COMMISSION MASTER PLAN. Carried unanimously.
CURB/SIDEWALK REPLACEMENT/PROJECT 0218/RESOLUTION 2002-91 & 2002-16RD (14.25)
Motion by Mr. Glickman, seconded by Mr. Blanton, that CouncilRedevelopment Agency adopt
Resolutions 2002-91 & 2002-16RD entitled, RESOLUTION OF THE TOWN COUNCIL AND
REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE
PLANS AND SPECIFICATIONS FOR THE PROJECT 0218 - FY2002-03 - CURB, GUTTER
AND SIDEWALK REPLACEMENT PROGRAM AND AUTHORIZING STAFF TO
ADVERTISE THE PROJECT FOR BIDS. Carried unanimously.
SHANNON ROAD 22/ANNEXATION/SHANNON RD 16470/RESOLUTION 2002-92 (15.14)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-92
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE
REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
SHANNON ROAD #22 (APN: 532-04-031) TO THE TOWN OF LOS GATOS. Carried
unanimously.
STREET REPAIR/RESURFACING/PROJECT 0106/RESOLUTION 2002-93 (16.25)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-93
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH HARRIS
AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES
IN CONJUNCTION WITH PROJECT 0106 - STREET REPAIR AND RESURFACING.
Carried unanimously.
NUISANCE ABATEMENT/TOWN CODE AMENDMENT/ORDINANCE 2098 (17.38)
Motion by Mr. Glickman, seconded by Mr. Blanton, the Council introduce Ordinance 2098 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 1.10.100 OF THE
LOS GATOS TOWN CODE ADDING AN ADMINISTRATIVE PROCEDURE FOR
SUMMARY ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF
ABATEMENT. Carried by a vote of 4 ayes. Mr. Blanton abstained due to a possible conflict of
interest.
PARKING LOT/MONTEBELLO WAY/VERIZON CALIFORNIA/RESOLUTION 2002-94 (19.34)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-94
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A LEASE AGREEMENT WITH VERIZON CALIFORNIA, INC.
FOR THE USE OF THE PARKING LOT LOCATED AT 15 MONTEBELLO WAY. Carried
unanimously.
TC DI3:MM061702 5