Item 21 Staff Report Consider Introduction of an 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: 6/3/02
ITEM NO.
COUNCIL AGENDA REPORT
DATE: May 30, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEI0
SUBJECT: CONSIDER INTRODUCTION OF AN 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. Open the public hearing
2. Close the public hearing
3. Should Council wish to introduce the ordinance (Attachment 1), take the following
steps:
a. Instruct Clerk to read the title of the ordinance
b. Move to waive the reading of the text of the ordinance
c. Move to introduce the ordinance
BACKGROUND:
State law empowers the Town to enforce the Town Code through the initiation of civil or criminal
court proceedings, or through administrative proceedings, so long as the Town Council adopts an
ordinance pursuant to California Government Code §38770, et seq. Government Code §38773.5
authorizes the use of administrative proceedings, also referred to as "summary abatement," to
determine that a public nuisance exists, to order its abatement, and to impose an assessment of the
costs of abatement on the subject parcel. Cost assessments maybe collected at the same time an in
the same manner as ordinary municipal taxes.
DISCUSSION:
The Town has not adopted an ordinance pursuant to section 38773.5. Doing so would enhance the
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
N1ATY nuisance_abatement.tcr
Reviewed by: U/own Manager Clerk Finance Community Development
Revised: 5/30/02 32 pm
Reformatted: 5/30/02 9:07 a.m. File# 301-05
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER INTRODUCTION OF AN 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
May 30, 2002
Town's ability to enforce the Town Code, especially because summary abatement utilizes
administrative proceedings that are controlled by the Town, subject to the requirements of due
process. Using civil or criminal court proceedings, on the other hand, would require significant
amounts of work with no guarantee that a judge would order abatement. Also, while court actions
can be effective in compelling action by owners that are actively involved in using and/or managing
their properties, such actions are often ineffective in compelling absentee owners to comply with the
Town Code. Summary abatement allows the Town to abate the nuisance and then assess the cost
of doing so to the subject property. Furthermore, in any legal challenge to a summary abatement
proceeding, the jurisdiction of a court to overturn the Town's decisions would be greatly limited.
Section 1.10.100 of the Town Code sets forth the methods for abating public nuisances created by
the illegal development or alteration of buildings or illegal use of land. The proposed ordinance
would amend section 1.10.100 by adding a new subsection that, pursuant to Government Code
§38773.5, sets forth the procedure for the summary abatement of nuisances and assessment of costs
to the subject parcel. The procedure is relatively simple, requiring a public hearing on the abatement
question followed by another public hearing for purposes of imposing the assessment of the
abatement costs incurred by the Town. Each hearing requires written notice to the property owner.
Environmental Analysis:
The adoption of an ordinance establishing procedures for summary abatement of public nuisances
and assessment of abatement costs is not a project subject to environmental study under the
California Environmental Quality Act.
Fiscal Analysis:
The adoption of an ordinance establishing procedures for summary abatement of public nuisances
and assessment of abatement costs will not have a foreseeable fiscal impact.
Attachments: Proposed Ordinance
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\NUISANCE_ABATEMENT.ORD
Town Council Minutes June 3, 2002
Redevelopment Agency Los Gatos, California
GEMINI COURT BENEFIT ZONE/L&L DISTRICT #2/RESO 2002-86/CONT.
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-86 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS FOR FISCAL YEAR 2002-2003 IN LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE - AND
CONFIRMING DIAGRAM AND ASSESSMENTS. Carried unanimously.
NUISANCE ABATEMENT/TOWN CODE AMENDMENT/ORDINANCE INTRODUCTION (21.38)
Mayor Attaway stated that this was the time and place duly noted to consider introduction of an
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.
There was no one from the audience to address this subject.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, to close the public hearing. Carried
unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to waive the reading of the Proposed
Ordinance. Carried unanimously.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, the Council introduce Ordinance 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.
SKATEBOARD PARK/STATUS REPORT (22.33)
Town Manager, Debra Figone, informed Council of the progress and noted that Town staff was
working diligently with County Staff. Staff will continue to pursue this project and negotiate a trade
of land between the County and the Town. This process could take between nine months and a year.
Three appraisals will be sought and reviewed by the legislative bodies.
Mayor Attaway asked that an alternate or interim facility be made available while waiting for this
project to move forward, and appointed Steve Glickman and Joe Pirzynski to work with the Parks
Commission in implementing this proposal.
COUNCIL MATTERS (23.28)
Sandy Decker noted that the Santa Clara County Water District was holding a public hearing on
Thursday, June 13`h, regarding the maintenance of Lexington Dam, what has been occurring at the
site, and what is planned for the future.
TC:D 13:MM060302 9
Page 1 of 1
Marlyn Rasmussen - Summary of ordinance re nuisance abatement
From: Orry Korb
To: Marlyn Rasmussen
Date: 6/6/2002 9:57 AM
Subject: Summary of ordinance re nuisance abatement
This ordinance establishes an administrative procedure for ordering the abatement of a public nuisance on private property resulting from a violation of
the Los Gatos Town Code. It requires that a noticed public hearing be held before the Los Gatos Town Council, which is empowered to order
abatement of the nuisance. It further allows for the assessment of the costs of abatement on the parcel that is the subject of the proceeding. A
separate noticed public hearing is required to impose the assessment.
Orry Korb
(Jib
PF/
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file://C:\WINNT\Temp\GW}00001.1-1TM 6/6/2002