Item B.3. Staff Report Consideration of an Addition to the Los Gatos Town Cose, Adopting a Nuisance Abatement OrdanceCOUNCIL AGENDA
DATE: 5/24/93
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: May 21, 1993
TO: MAYOR AND TOWN -COUNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDERATION OF AN ADDITION TO THE LOS GATOS TOWN CODE, ADOPTING
A NUISANCE ABATEMENT ORDANCE
DISCUSSION:
Council considered this matter on October 5, 1992 and continued it for six months until development of the
Fiscal Year 1993-94 Operating Budget to determine if funding is available to hire staff to process nusiance
complaints.
PREPARED BY:
LEE E. BOWMAN
PLANNING DIRECTOR
LEB:mb 5/21/93 11:46 am
PCMIN07\CNCLRPTS\nuisance.ord File #
ATTACHMENT: 1. Town Council report dated October 1, 1992 for Council agenda of October 5, 1992.
2. Town Council minutes of October 5, 1992.
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
COUNCIL AGENDA
DATE: 10/5/92
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: October 1, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER) G^I ' '-2'
SUBJECT: CONSIDERATION OF AN ADDITION TO THE LOS GATOS TOWN CODE, ADOPTING
A NUISANCE ABATEMENT ORDINANCE
RECOMMENDATION:
Alternative 1:
Hold the draft Nuisance Abatement Ordinance until development of the FY 93-94 Operating Budget to
determine if funding is available to hire staff to process nuisance complaints.
Alternative 2:
1. Move to waive the reading (This requires unanimous vote of the Council members present);
2. Request that the Clerk read the title;
3. Move to introduce the Draft Ordinance (Attachment 1).
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project is not subject to CEQA pursuant to Section 15061 (b) (3) of the
State Environmental Guidelines as adopted by the Town because the project will not have a significant effect
on the environment.
BACKGROUND:
The Town receives many complaints about issues conceming property maintenance that are not addressed
by the Town Code. These issues include dead trees on private property, weeds, storage of materials in side
and rear yards, fences and structures that have been allowed to deteriorate and become eyesores. Other
jurisdictions have created Nuisance Abatement and Property Maintenance Ordinances to regulate these
issues.
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN ok
PLANNING DIRECTOR
LEB:BL:CA:Ikj
L30\cnclrpts\nuisance.2
ATTACHMENTS: See page 5 for list of attachments.
DISTRIBUTION: See page 5 for distributi.n Ilst.
Reviewed by: .Attorney Clerk
COUNCIL ACTION/ACTION DIRECTED TO:
iievlsed: 10/1/92 4,37 pm
File
ce Treasurer
sad
ATTACHMENT
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF AN ADDITION TO THE LOS GATOS TOWN CODE, ADOPTING A
NUISANCE ABATEMENT ORDINANCE
October 1, 1992
At the Town Council meeting on June 4, 1990, the Council considered a report about this matter
(Attachment 2) and directed staff to prepare a Nuisance Abatement Ordinance similar to Campbell's
Ordinance with an emphasis on cost recovery.
DISCUSSION:
A. OVERVIEW:
The proposed Nuisance Abatement Ordinance focuses on property maintenance, not property
improvement. For example, if the front yard of a residence is overgrown with high weeds and the
Council determines that a nuisance exists, the Town will mow the weeds b; use of Town
maintenance personnel or a private contractor but will not improve the property by installing new
landscaping or watering existing landscaping. On the other hand, if a fence has been allowed to
deteriorate to a point that it constitutes a nuisance, the Town could remove and replace the fence
if replacement is necessary to maintain privacy or security. The ordinance is not intended to resolve
longstanding neighborhood disputes. To avoid this problem, staff will develop for Council adoption
criteria for determining a public nuisance. The criteria will be used to determine if a nuisance exists.
The criteria will specify the degree of dilapidation, neglect or negative impact on the neighborhood
that must exist before the nuisance abatement process will be initiated.
The proposed Nuisance Abatement Ordinance addresses the following issues:
1. Parking in required front yard in landscaped areas.
2. Dead and diseased trees, which are hazardous, unsightly, or a nuisance due to rats, insects,
etc.
3. Debris and rubbish, appliances, storage of building materials and equipment not being used
on the premises, inoperative vehicles, vehicle parts and tires.
4. Unprotected and/or hazardous pools, ponds, ice boxes, refrigerators, or excavations.
5. Structures or other improvements which; (a) are not completed within a reasonable time,
(b) had a building permit expire, (c) have faulty weather protection or are missing windows
or doors causing unsafe conditions.
6. Storage containers not approved by the Building or Planning Departments.
7. Premises that are not maintained or are maintained in a manner that is so out of character
w3th adjacent properties that it causes a reduction of enjoyment and use of adjacent
properties and/or constitutes a visual nuisance.
Item No. 7 above will be particularly difficult to enforce since the ordinance does not establish
specific maintenance standards. It will be necessary to establish measurable standards which clearly
state the criteria used to determine if a nuisance exists. A matter that may be perceived as a
nuisance by one citizen may not be noticed by another.
If measurable standards are not consistently applied, abuse of the ordinance is possible. In many
cases the perception will be impacted by past occurrences between the complainant and the person
who owns or occupies the property where the nuisance exists. This may result in the Town getting
involved in neighborhood disputes.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF AN ADDITION TO THE LOS GATOS TOWN CODE, ADOPTING A
NUISANCE ABATEMENT ORDINANCE
October 1, 1992
8. PROPOSED NUISANCE ABATEMENT PROCESS:
If the Planning Director, Director of Building Services, or Fire Chief finds a nuisance within the Town,
the property owner shall be notified in writing of the nuisance and directed to abate it. The property
owner is given a reasonable period of time to abate the nuisance voluntarily.
If the nuisance still exists after the voluntary abatement period a date will be set for a Town Council
public hearing. At the public hearing the Council will consider all relevant evidence, objections, or
protests, and shall receive testimony from owners, witnesses, and interested
pewill submit a minimum of two cost estimates for work required to abate the nuisance.ons.w Tostaff
wn
personnel and/or private contractors may be used to abate the nuisance.
If Council determines that a nuisance exists, an abatement order will be mailed to the owner within
five days following Town Council action. If the person chooses not to abate the nuisance, the Town
will perform the work or have the work performed by an independent contractor. A report detailing
the cost of abatement will be sent to the owner and submitted to Town Council. Town Council will
set this matter for a hearing to determine correctness and reasonableness of the costs (e. g. staff
time, cost of public notice, materials, and incidental expenses).
All expenses incurred to abate the nuisance, (including staff time, cost of public notice, materials
and incidental expenses), will be charged to the owner. If the owner does not
ten (10) days after receiving an invoice for the work, the matter may be referred to the Townhe Townn'sn
collection agency or a lien or special assessment may be placed on the property.
An owner who maintains any public nuisance, violates the order to abate, or interferes with the
abatement process will be guilty of a misdemeanor.
In exceptional circumstances the Council may order immediate abatement of a nuisance if it
threatens public health, safety, and welfare after adoption of a resolution declaring facts which
constitute an emergency.
Staffing Required:
The adoption of the Nuisance Abatement Ordinance would be a increase in service level and a major
increase in workload for the Planning Department. The City of Campbell adopted a similar Nuisance
Abatement Ordinance in February of 1983. Enforcement of this Ordinance constitutes approximately
30% to 50% of the Code Enforcement workload in Campbell. The time spent on enforcement of the
proposed Nuisance Abatement Ordinance will significantly impact the time spent on enforcement
of other Town Code violations.
The Town's Code Compliance Officer received and investigated 578 complaints in the 1991-1992
Fiscal Year with an average response time of three to four days. During the same time, permits for
removal of 771 trees were processed by the Code Compliance Officer. The additional workload
created by the Nuisance Abatement Ordinance would increase the response time and reduce the
time available for other code violations.
Based on existing workload and assuming the Town would experience the same or similar workload
as Campbell, a new half-time position would have to be created to enforce the proposed ordinance,
Other Town departments such as the Parks, Forestry and Maintenance Services Department, the
Town Attomey's Office, and the Finance Department will be impacted. The Maintenance Division
would be impacted if Maintenance personnel were required to abate the nuisance. The Town
Attomey's Office will prepare resolutions for Town Council actions and will be involved in potential
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF AN ADDITION TO THE LOS GATOS TOWN CODE, ADOPTING A
NUISANCE ABATEMENT ORDINANCE
October 1, 1992
litigation stemming from the Nuisance Abatement Ordinance. The Finance Department would be
impacted because all outstanding liens would have to be tracked.
During the last two years the Town has cut staffing while attempting to maintain the existing service
levels. Since a half-time position is not authorized, implementation of the Nuisance Abatement
Ordinance will result in a substantial increase in the responsibilities of existing staff. Therefore, it
will result in a reduction of workload in other areas the Code Compliance Officer handles, such as:
1. Response time to investigate complaints will increase from three to five days;
2. The time which is spent policing commercial areas for unlawful signs will decrease.
3. Neighborhood complaints about unlawful units, storage of inoperative vehicles, and unlawful
businesses in residences will take longer to resolve.
4. The average processing time of tree removal permits will increase from seven to ten days.
In certain situations the proposed Ordinance does not provide for cost recovery. For example, the
Code Compliance Officer receives a complaint, and documents the violation. Just prior to the
Council hearing the owner complies with the request to abate the nuisance. The Town will not
recover the cost of investigating the alleged violation, preparing the Town Council Report and
noticing the public. If the Council finds that no nuisance exists, the Town will not recover these
costs. A third example is if the person who filed the complaint is not satisfied with staff's
determination that no nuisance exists and files an appeal. In this case Town Council would consider
the appeal without the possibility of cost recovery since the Town does not charge for appeals.
If it is necessary to place a lien or special assessment on the property, the Town will not recover
the cost of abatement until the property is sold or the lien or special assessment is paid off. If a lien
or special assessment is not paid off for a Tong period of time, the liens will not generate the
necessary revenue to pay for the cost of this service.
C. ADVANTAGES AND DISADVANTAGES OF PROPOSED ORDINANCE:
The advantages and disadvantages of the proposed ordinance are summarized below:
Advantages
1. Town would be able to abate nuisances.
2. Abatement of nuisances could increase
the value of surrounding properties.
3. Abatement of certain nuisances would
improve the visual appearance of the
Town.
Disadvantaaes
1. Some residents may perceive the
Ordinance to be an invasion of privacy
and an erosion of property rights.
2. Town could become involved in long
standing neighborhood disputes.
3. Increase in response time for complaints
about code violations from 3 to 5 days.
4. Decrease in time spent abating unlawful
signs.
5, Reduction number of follow-up
inspections.
6. Increase in rocessing time for tree
removal permits from 7 to 10 days.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF AN ADDITION TO THE LOS GATOS TOWN CODE, ADOPTING A
NUISANCE ABATEMENT ORDINANCE
October 1, 1992
FISCAL IMPACT:
The cost for one half-time code compliance officer is $22,850. Currently no funding is available for an
additional half-time position. Since this ordinance was first discussed in June, 1990, the Town's fiscal status
has suffered from the recession and the impact of the State's and County's budget crisis. Further cutbacks
are expected in fiscal 1993-94 and further reductions of Town funds for existing services are anticipated.
ATTACHMENTS:
1. Proposed Nuisance Abatement Ordinance.
2. Town Council Report dated March 31, 1990.
DISTRIBUTION:
Scott R. Baker, Director of Building and Engineering Services
Michael LaRocca, Director of Parks, Forestry and Maintenance Services
Larry Todd, Chief of Police
Douglas Sporleder, Fire Chief, Central Fire District
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING PROVISIONS FOR
NUISANCE ABATEMENT AND PROPERTY MAINTENANCE TO
A
AND 17;AND ADDING DUTIES TO THOSE ASSIGNED IN CHAPTER 2OFS 15
RTHE
TOWN CODE
THE TOWN COUNCIL OF TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 15.40.016 to Chapter 15 is added to read as follows:
Sec. 15.40.016. Parking in required front or side yards - prohibited.
Parking of vehicles in required front or side yards adjacent to a street is prohibited,
unless in a driveway.
SECTION 11
Article V of Chapter 17 is added to read as follows:
ARTICLE V
NUISANCE ABATEMENT AND PROPERTY MAINTENANCE.
Sec.17.50.010. Purpose and intent.
The purpose and intent of these regulations are as follows:
(1) To define as public nuisances and violations of this Code those conditions
which are considered harmful and/or injurious to the public health, safety, and welfare of
the citizens of the Town of Los Gatos.
(2) To develop regulations that will promote the sound maintenance of property
and the enhancement of livability, community appearance, and the social, economic, and
•
environmental conditions of the Town of Los Gatos.
(3) To establish guidelines for the correction of property maintenance violations
and nuisances that afford due process and procedural guarantees to affected property
owners.
Sec. 17.50.015. Definitions.
(1) Owner shall mean any person owning property, as shown on the last equalized
assessment roll for Town taxes, including any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such
ATTACHMENT
property and also includes the lessee, tenant, or other person having control or possession
of the property unless otherwise specified.
(2) Property shall mean all real property, including, but not limited to, front yards,
rear yards, driveways, walkways, and sidewalks and shall include any building located on
such property.
(3) Planning Director shall mean the Planning Director of the Town of Los Gatos
or his or her designee.
(4) Fire Chief shall mean the Fire Chief of the Town of Los Gatos or his or her
designee.
(5) Director of Building Services shall mean the Director of the Department of
Building Services for the Town of Los Gatos or his or her designee.
Sec. 17.50.020. Property maintenance regulations.
It is hereby declared a public nuisance for any person owning, leasing, occupying or
having charge or possession of any property in the Town to maintain such property
in such
a manner so as to be injurious to the health, or to be indecent or offensive to te senses,
so as to obstruct free use of the property of another, or so as to interfere with the
comfortable enjoyment of life or property. Such public nuisances shall include, but are not
limited to:
(1)
dangerous
Overgrown, dead, decayed or diseased trees, weeds and other vegetation that:
a. As determined by the Fire Chief, constitute a fire hazard or a condition
to the public health, safety, or general welfare.
b. As ietermined by the Planning Director, are likely to harbor rats
vermin, and other simi. nuisances.
c. As determined by the Planning Director, constitute an unsightly
appearance or otherwise detract from the aesthetic quality or the property values of the
neighboring properties.
(2) As determined by the Planning Director, the presence or accumulation on the
property of any of the following for a period exceeding two weeks, unless on property
explicitly approved for such storage use:
a. Debris, rubbish, scrap materials, or trash.
b.
cartons, or similar r tals.
Proken or discarded household furnishings, appliances, boxes and
2
c. An area exceeding 100 square feet containing lumber and building
materials not being used for construction on the property.
d. Vehicle parts and tires.
e. Construction equipment and machinery except when in use for
construction on the property.
(3) As determined by the Director of Building Services, Planning Director, or Fire
Chief, objects including, but not limited to, unprotected and/or hazardous pools, ponds, ice
boxes, refrigerators, or excavations, which tend to attract children or other curious
individuals, and which present a threat to the health, safety, or welfare of such individuals.
(4) The following conditions as determined by the Director of Building Services
or Planning Director:
a. A building or structure, temporary or permanent, which is not
completed within a reasonable time or for which the permit for such construction has
expired.
b. A building or structure, temporary or permanent, which has faulty
weather protection including, but not limited to, crumbling, cracked, missing, broken, or
loose exterior plaster or other siding, roofs, foundations or floors (including lack of paint
or other protective finish), missing windows or doors.
of disrepair.
c. Fences and walls adjacent to a public right-of-way which are in a state
d. Broken windows constituting a hazardous condition or likely to invite
trespassers or malicious mischief.
Department.
e. Storage containers not approved by the Building or Planning
(5) As determined by the Planning Director or Director of Building Services,
maintenance of property so out of harmony or conformity with the maintenance standards
of adjacent properties as to cause substantial reduction of the enjoyment, use, or causes a
visual nuisance.
Sec. 17.50.025. Declaration of nuisance.
Whenever the Planning Director, Director of Building Services, or Fire Chief finds
that a nuisance, as defined by Section 17.50.020, exists on any premises located within the
Town, the Director shall provide written notification of the nuisance to the property owner
and direct the owner to abate the nuisance. Service shall be deemed complete at the time
the notice is deposited in the mail. The notification shall detail the violations and establish
a reasonable abatement period.
3
Sec. 17.50.030. Voluntary abatement of nuisances.
The owner of any property found to be a nuisance under the provisions of this
Article, may abate the nuisance at any time within the abatement period by rehabilitation,
repair, removal, or demolition. The Town shall be advised of the abatement and shall
inspect the property to insure that the nuisance has in fact been abated.
Sec. 17.50.035. Failure to voluntarily abate a declared nuisance.
If a nuisance is not properly abated within the period established under the
provisions of Section 17.50.025, the Town Council shall hold a public hearing to
determine if the declared nuisance should be abated under the police powers of the
Town.
Sec. 17.50.040. Notice of public hearing.
A written notice of public hearing, containing the in: rrnation described in
Section 17.50.045, shall be mailed to the property address aid the owner, as shown on
the last equalized assessment role, at least ten days prior to the date set for the Town
Council public hearing. The failure of any person to receive such notice shall not affect
the validity of the proceedings.
Sec. 17.50.045. Contents of notice.
The notice of public hearing shall contain the following information:
1. The date, time, and location of the public hearing.
2. The address or description of the property.
3. The alleged violations.
4. The methods of abatement.
5. A statement indicating that the Town will abate the
property is found to be a public nuisance and the owner does not
6. A statement indicating that the abatement cost may
the property until paid.
nuisance if the
abate the nuisance.
constitute a lien upon
Sec. 17.50.050. Hearing by the Town Council.
At the time and place stated in the Notice of Public Hearing, the Town Council
shall hear and consider all relevant evidence, objections or protests, and shall receive
testimony from owners, wi t ' sses, Town personnel, and interested persons relative to
such alleged public nuisan rid to proposed abatement measures. The hearing may be
4
continued from time to time.
Sec. 17.50.055. Decision of the Town Council.
Following the public hearing, the Town Council shall consider all evidence and
determine whether the property, or any part of the property
nuisance as alleged. If the Town Council finds that a public �nuisana constitutes
exist and that
there is sufficient cause to abate the nuisance, the responsible Director shall issue a
written order setting forth the findings and ordering the owner to abate the nuisance by
rehabilitation, repair, or demolition in the manner and by the means specifically set
forth in the Council order. The order shall set forth the times within which the work
shall be commenced and completed.
Sec. 17.50.060. Service of the abatement order.
Within five days following the Council decision, the property owner and/or the
person having charge or control of the premises shall be mailed a copy of the written
order of the Council in the manner provided in Section 17.50.040.
Sec. 17.50.065. Abatement by property owner.
The property owner may, at his own expense, abate the nuisance as prescribed by
the order of the Town Council prior to the expiration of the abatement period set forth
in the order. If the nuisance has been inspected by a representative of the Town and has
been abated in accordance with the order, proceedings shall be terminated.
Sec. 17.50.070. Abatement by the Town.
If a declared nuisance is not completely abated by the owner within the time
prescribed in the Town Council order, Town officials are authorized and directed to
abate the nuisance using Town staff or private contract.
Sec. 17.50.075. Recovering of cost for abatement.
(1) The Town shall keep an account of the costs, including incidental
expenses, of abating such nuisance on each separate lot or parcel of land where the
work is done and shall render an itemized report in writing to the Town Council
showing the cost of abatement and the rehabilitating, demolishing or repairing of the
premises, buildings, or structures, including any salvage value relating thereto. Before the
report is submitted to the Town Council, a copy of the same shall be served in
accordance with the provisions of Section 17.50.040, together with a notice of the time
when the report shall be heard by the Town Council for confirmation.
(2) The Town Council shall set the matter for hearing to determine the
correctness or reasonableness, or both, of such costs.
5
(3) Proof of service shall be made in the manner set forth in Section 17.50.040
and proof by declaration under penalty of perjury filed with the Town Clerk.
(4) The term "incidental expenses" shall include, but not be limited to, the
actual expense and costs of the Town, including the cost of documented Town staff time
spent investigating, identifying, supervising abatement and enforcing this Article and
costs incurred in the preparation of notices, specifications and contracts, and in
inspecting the work, and the costs of printing and mailing required under this Article.
Sec. 17.50.080. Report - hearing and proceedings.
At the time and place fixed for receiving and considering the report, the Town
Council shall consider the report of such costs of abatement, together with any
objections or protests. Thereupon, the Town Council may make such revision, correction
or modification in the report as it may deem just, after which the report, as submitted or
as revised, corrected or modified, shall be confirmed by resolution. The decision of the
Town Council on all protests and objections which may be made shall be final and
conclusive.
Sec. 17.50.085. Collection of abatement costs.
If the property owner does not pay the expenses of abating the nuisance within
ten days after the Council confirms the costs of abatement, the costs shall be collected
by one of the following alternative procedures:
(1) Nuisance Abatement Lien
a. A nuisance abatement lien shall be recorded in the county
recorder's office in the county in which the parcel of land is located and from the date
of recording shall have the force, effect, and priority of a judgment lien.
b. A nuisance abatement lien shall specify the amount of the lien, the
name of the Town of Los Gatos on whose behalf the lien is imposed, the date of the
abatement order, the street address, legal description and assessor's parcel number of
the parcel on which the lien is imposed, and the name and address of the recorded
owner of the parcel.
c. Prior to recordation of the lien, notice shall be given to the owner
of record of the parcel of land on which the nuisance is maintained, based on the last
equalized assessment roll or the supplemental roll, whichever is more current.
d. The notice of lien for recordation shall be served in the same
manner as summons in a civil action in accordance with Article 3 (commencing with
Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure and
shall include a copy of the lien to be recorded.
e. If the owner of record, after diligent search cannot be found, the
6
notice may be served by posting a copy thereof in a conspicuous place upon the property
for a period of 10 days and publication thereof in a newspaper of general circulation
published in the county in which the property is located.
f. In the event that the lien is discharged, released, or satisfied, either
through payment or foreclosure, notice of the discharge containing the information
specified in subsection b. shall be recorded. A nuisance abatement lien and the release
of the lien shall be indexed in the grantor -grantee index.
g. A nuisance abatement lien may be foreclosed by an action brought
by the Town for a money judgment. The Town may recover from the property any costs incurred in processing and recording of the lien and providing notice to the
property owner as part of the foreclosure action to enforce the lien.
(2) Special Assessment
a. The Town shall make the costs of abatement a special assessment
against the parcel. 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. All laws applicable to the levy, collection and enforcement of
municipal taxes shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has
been created and attaches thereon, prior to the date on which the first installment of the
taxes would become delinquent, then the cost of abatement shall not result in a lien
against the real property but instead shall be transferred to the unsecured roll for
collection. Notices or instruments relating to the abatement proceeding or special
assessment shall be entitled to recordation.
(3) Collection by a Collection Agency
The Town shall turn the report of costs of abatement over to an authorized
private collection agency for collection. Any costs incurred by the Town for collection
shall be added to the costs of abatement and be collected in the same manner.
Sec. 17.50.090. Violations.
(1) An owner who maintains any public nuisance defined in this Code or who
violates any order to abate, served as provided in Section 17.50.060, is guilty of a
misdemeanor.
(2) Any occupant or lessee in possession of any such building or structure who
fails to vacate the building or structure in accordance with an order given as provided in
this Article is guilty of a misdemeanor.
(3) Any person who obstructs, impedes or interferes with any representative of
7
the Town Council or with any representative of any Town department or with any
person who owns or holds any estate or interest in a building which has been ordered to
be vacated, repaired, rehabilitated, or demolished or with any person to whom any such
building has been lawfully sold pursuant to the provisions of the Article when any of the
aforementioned individuals are lawfully engaged in a proceedings involving the
abatement of a nuisance is guilty of a misdemeanor.
Sec. 17.50.095. Alternatives.
This Article is intended to be an alternative to existing provisions of the Los
Gatos Town Code, all Codes adopted by the Los Gatos Town Code, and state statute
and is not intended to supersede any other provisions. Nothing contained herein shall be
deemed to prevent commencement of a civil or criminal proceeding to abate a public
nuisance under any other applicable law.
Sec. 17.50.100. Procedure in case of emergency.
When the conditions which constitute a nuisance pose an immediate threat to the
public peace, health, or safety, the Town Council may order the nuisance abated
immediately or take steps itself to abate the nuisance after adoption of a resolution
declaring the facts which constitute the emergency.
Sec. 17.50.105. Right of inspection.
(1) Right to Inspect. An authorized agent of the Planning, Fire, Police, and/or
Building Departments shall have the right to enter upon any property within the Town
limits of the Town of Los Gatos to inspect such property for compliance with this
Article provided that such agent gives the owner and residents of such property at least
seventy-two (72) hours advance notice of the inspection in the following manner:
a. A notice shall be conspicuously posted on the property to be
inspected, specifying the date, time and reason for the proposed inspection and setting
forth a telephone number with directions for the residents or property owners to call for
further information; and
b. If the identity and address of the owner is known, such owner shall
be notified of the proposed inspection by first class mail, setting forth the time, date,
location and reason for the proposed inspection.
c. Absent exigent circumstances, any inspection of areas of private
property where entry without consent would invade a constitutionally protected privacy
interest, including fenced rear yards, must be accompanied by a properly issued warrant.
(2) In the event of an emergency, where the condition of the property poses
an immediate threat to the public health or safety, agents of the Planning, Fire, Police,
and/or Building Departments may enter the property without the notice specified in
subsection (1).
8
SECTION III
Sections 29.20.700, 29.20.720, 29.20.725 and 29.20.755 are hereby amended to read
follows:
Sec. 29.20.700. Planning Director.
The Planning Director:
(1)
(2)
Committee
transmitted
(3)
Prescribes all forms and contents of applications.
Keeps all records of Planning Commission, Development Review
, Planning Director and Planning Department work, except records
to the Town Council and retained by the Town Clerk.
Investigates applications.
as
(4) Gives all notices except notices of proceedings of the Town Council.
(5) Prepares Development Review Committee and Planning Commission
agendas, sets Development Review Committee and Planning Commission hearing dates
(subject to the requirements of this chapter) and establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees and pumpkins, use
and occupancy certificates, horse permits and amateur horse events, home occupations
and sign permits.
(7) Determines revocations or modifications of animal permits and home
occupation permits.
(8) May refer any matter assigned by ordinance to the Planning Director for
decision to the Planning Commission for decision.
(9) Determines applications for sign approval when action is not required of
the Council or Planning Commission.
(10) Determines applications for tree permits upon recommendation by the
Director of Parks, Forestry and Maintenance Services to the extent provided by section
29.10.0985.
(11) Determines applications for section 29.10.09030 demolition permits.
(12) Where action is based on an application or notice of appeal, prepares a
written notification of all determinations, except determinations by the Council, and
sends the notifications to all applicants and appellants.
9
(13) Prepares and sends notifications required by statute to the County
Assessor.
(14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices to owners of such
signs.
(16) Corrects the zoning map.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance compliance.
(19) Determines parking requirements for uses whose parking requirements are
not specified.
(20) Keeps records of those properties which have utilized parking district
exemptions.
(21) Determines applications for expansion of nonconforming one- or two-
family dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures.
(24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have r• srged.
(27) J. Fintly with the Building Officia_ .ind t` wn Engineer, determines
parking lot perrnits as provided by section 29.10.155(•
(28) Determines initial applications, any application for time extensions and
applications for remodeling or reconstruction for secondary dwelling unit permits.
(29) Determines application for plumbing fixtures in accessory buildings.
(30) Has those duties described in division 8 of this article.
(31) Determines applications for accessory structures in R-1 zones in excess of
four hundred fifty (450) square feet or on properties with one- or two-family dwellings
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(32) Perform those duties described in Article V, Chapter 17 of the Town
Code.
Code.
Sec. 29.20.720. Building Official/Department.
The Building Official/Department shall:
(1) Determine estimated cost to replace nonconforming buildings.
(2) Determine the value of destroyed nonconforming buildings.
(3) Determine applications for exception from enclosure requirements for
swimming pools.
(4) Enforce all regulations regarding enclosure of swimming pools.
(5) Jointly with the Town Engineer, determine whether a grading permit
requires architecture and site approval.
(6) Jointly with the Planning Director and the Town Engineer determine
parking lot permits as provided by section 29.10.155(1).
(7) Be a member of the Development Review Committee.
(8) Determine when a structure poses an imminent safety hazard
(9) Perform those duties described in Article V, Chapter 17 of the Town
Sec. 29.20.725. Fire Chief.
The Fire Chief shall:
(1) Authorize changes in driveway standards for height clearance and radius of
(2) Review and recommend the maximum area for a facility for the storage of
hazardous materials as provided in division 1 of article VII of this chapter.
(3) Send a list of hazardous storage facilities and the status of each to the
Director of Planning every six (6) months.
(4) Be a member of the Development Review Committee.
(5) Has those duties described in Article V, Chapter 17 of the Town Code.
curves.
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Sec. 29.20.755. Town Council.
The Town Council:
(1) May initiate and refer general plan amendments and specific plans or
amendments to the Planning Commission for recommendation.
(2) Hears and determines Planning Commission recommendations for the
adoption or amendment of the general plan or any specific plans.
(3) Adopts ordinances.
(4) May initiate and refer zone changes and amendments to this chapter to
the Planning Commission for recommendation. Nonsubstantive ordinance amendments
may, but need not be, referred to the Planning Commission.
(5) Hears appeals from decisions of the Planning Commission.
(6) Determines whether to extend suspension under section 29.80.285.
(7) Determines applications for permits for signs on public property, including
but not limited to community -oriented bulletin boards and kiosks.
(8) Determines mobile home park conversion permit applications.
(9) Appoints Historic Preservation Committee members.
(10) Hears and determines whether declared public nuisances should be abated
under Article V, Chapter 17 of the Town Code.
SECTION IV
This ordinance takes effect 30 days after it is adopted. Within 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.
12
This ordinance was introduced at
Town of Los Gatos on
an ordinance of the Town of Los Gatos
Town of Los Gatos on
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
a regular meeting of the Town Council of the
, 1992 and adopted by the following vote as
at a regular meeting of the Town Council of the
, 1992.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: \SHARE\NUISANCE.PLN
13
101
TOWN OF LOS GATOS
Council Agenda Report
DATE: May 31, 1990
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT F. BEYER, INTERIM TOWN MANAGER
SUBJECT: REPORT REGARDING NUISANCE ABATEMENT ORDINANCE.
Courci Aperc.
Date: 6/4/90
Item: /r
RECOMMENDATION:
Maintain current regulations and do not adopt a nuisance abatement ordinance.
2. Direct staff to prepare a report on methods that would make the Code Compliance Program operate
on a cost recovery basis.
DISCUSSION:
The Council recently directed staff to prepare a report concerning the City of Campbeii's Nuisance
Abatement Ordinance. Although the Town's current regulations have provided control of nuisances on
private property for many years, other jurisdictions have created Nuisance Abatement Ordinances that offer
a greater degree of control over private property that is not currently available in the Town's ordinance.
There does not appear to be need for more extensive code compliance regulations. However, occasionally,
citizen complaints are received regarding the following issues which the Town does not currently regulate
concerning the upkeep and maintenance of private property:
a. Overgrown weeds. debrls, rubbish and accumulation of materials in the rear yard of private
property in residential zones.
b. Uncut grass and tall weeds that are unsightly.
c. Operational vehicles parked on the grass in the front yard in residential zones.
d. Storage of recreational vehicles in the rear yard of private property in residential zones.
The Town's current Zoning Ordinance regulates the front and side yards of private property within fifty feet
of the front property line, however, the Ordinance does not regulate the rear yard. In addition, the current
Zoning Ordinance does not require the grass to be cut to a specific height. Grass and weeds become a
fire hazard under Section 11.201(a) of the Uniform Fire code as follows:
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN
Planning Director/Deputy Town Manager
LEB:FIB:14
awe \aa I S 1.,,A.1
Reviewed by. Attorney
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL
ATTACHMENT 2
iLAGE 2
MAYOR ANL 10. L'OUNCIL
SUBJECT: REPORT REGARDING NUISANCE ABATEMENT ORDINANCE.
DATE: JUNE 4, 1990
All weeds, grass. vines or other growth, when same endangers property or is liable to be
fired, shall be cut down and removed by the owner or occupant of the properly.
The Town's method of abatement of violations is set forth In Ordinance No. 1625
follows: , Section 5.70.050 as
Any budding or structure set-up, enacted, constructed, altered, enlarged, convened, moved
or maintained contrary to the provisions of this Ordinance, or
premises conducted, operated or maintained any use of Isms Ordinance.
or.
or contrary to a permft or variance, or the te��rycondttlonsprovisions of this n, shalnbe,
and the same is hereby declared to be, unlawful, and a �s therein, shall ul
constituted authorities of the Town shad uponpublic imnumediately
and the duly
action or � order of the Council, immediately commence
provided proceedings
shall take oment ther and enjoinment thereof in the manner
such court of ourts as
may have jurisdiction to grant such relief as wit abateeps and removeto apply ub such dding or structure
and restrain and enjoin any person, firm c • corporation from setting up, erecting, building,
maintaining or using any such building or structure, or using any property contrary to the
provisions of this Ordinance.
This Ordinance may also be enforced by an injunction issued out of the Superior Court
upon suit by the Town or the owner or occupant of any real property affected by such
violation or prospective violation of this Zoning Ordinance.
Expanding the current Zoning Ordinance to include the entire properly would be one method to provide
additional control over the maintenance of private property. It Is also possible to adopt an amendment
that would regulate the parking of operational vehicles and the
height of grass and weeds on private
property. Another method of control would be to adopt
to the City of Campbell's that would Include all of the Town's�s existing Nuisance at Abatsrne ll Ordinance similar
discussed above. Staff is notrecommendingthat the regulations � wed as the regulations
time.scope of the Town'a regulations be expanded at this
However, one important issue that Is not addressed by the Town's current regulations, and should be, is the
issue of making code compliance a cost recovery program. Although It may be difficult to make the Code
Compliance Program entirely cost recovery, the Town could recover the costs of certain tasks such as the
abatement of ilegal signs. The City of Palm Springs also has an aggressive program for cost recovery.
Staff has requested a copy of the ordinance but it has not been received to date.
SUMMARY OF CAMPBELL'S NUISANCE ABATEMENT ORDINANCE:
The purposes of Campbell's Nuisance Abatement Ordinance are:
A. To define as pubic nuisances and violations those conditions which are considered harmful and /or
deleterious to the public health, safety, and welfare.
B. To promote the sound maintenance of property and the enhancement of livability, community
appearance, and the social, economic, and environmental conditions.
The Campbell Ordinance regulates the entire private property and establishes procedures to abate identified
nuisances. The main difference between Campbell's Ordinance and Los Gatos' Zoning Ordinance is the
scope of authority, (i.e., regulation of the entire property versus specific areas).
Campbell's Ordinance provides for cost recovery of abatement expenses only. For example, Campbell's
Ordinance requires an account of the costs, including incidental expenses, of abating such nuisance on
each separate lot or parcel of land where the work is done and submittal of an itemized report to the Council
showing the cost of abatement and the rehabilitating, demolishing or repairing of premises.
1
PAGE 3
MAYCR AND . COUNCIL
SUBJECT: REPORT REGARDING NUISANCE ABATEMENT ORDINANCE.
DATE: JUNE 4, 1990
The Council then holds a public hearing on the costs of abatement report. together with any objections or
protests. If the property owner does not pay the expenses of abating the nuisance within ten days after the
Council confirms the costs of abatement, a lien is recorded on the property.
FISCAL IMPACT:
It should be recognized that any additional regulations that would expand the existing
Program activities will result in an increase in service level. A detailed fiscal impact analsiCode
will be prepared
d
if the Council decides to expand the existing level of service. P pared
HI IT:
1 • Copy of the City of Campbell's Nuisance Abatement Ordinance.
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
October 5, 1992
Minutes
‘r4JISANCE ABATEMENT/ORDINANCE INTRODUCTION (26.46)
Vice Mayor Benjamin stated that this was the time and place duly noted to consider nuisance
abatement.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council hold the draft Nuisance
Abatement Ordinance for six months until development of the FY 93-94 Operating Budget to
determine if funding is available to hire staff to process nuisance complaints. Carried by a vote
of 3 ayes. Mr. Ventura voted no stating that he has previously told constituents he would do all
he could to get this item adopted. Mayor Carlson absent.
ATTACH
" 2.
May 24, 1993
Los Gatos, California
MANAGER'S PRESENTATION OF 1993-94 BUDGET
David Knapp, Town Manager, addressed the problem of State level financial activity which has
impacted and will continue to impact local government entities. A reduction of $650,000 from
the Town's budget will occur when property tax revenues are redistributed to local schools.
Since 1978 the Town has lost $1,800,000 in State takebacks of traditional local municipal funding
revenues. AB 1313 is at this time being considered in the legislature and would take an
additional $670,000 from the Town's resources. These financial manipulations have reduced the
Town's General Fund revenue by 9.5% for this year and has caused a 16.7% decrease in staffing.
With these fluctuations in funding the budget may reflect additional cuts and restructuring of
staff.
COUNCIL REVIEW OF BUDGET AND SEPARATE COMMENT
Town Council review led to Council consensus that benefits be funded at the present level of
use and not in excess of that. This would allow $12,000 to be moved to another account.
Town Treasurer had no changes and referred to the possible automation of the check
reconciliation process.
Town Clerk review considered the possible buy back of the Clerk's hours and a request that the
performance indicators reflect work for an annexation for the coming year.
Town Attorney comments were to establish a review process for Council to track the balance in
the outside litigation account.
Town Manager review addressed the distribution of the Information Systems Officer's duties
among remaining staff due to the budget cuts.
Election budget remains the same for unanticipated elections.
Planning Department suggested instituting savings by sending public hearing notices only as
required by State statue. Zoning ordinance requires sending notice on every item that comes
before Council and Planning Commission. State only requires noticing conditional use permits,
variances, zone changes, and subdivisions. $18,000 in materials could be saved and additional
savings could be made with personnel costs; a similar $10,000 could be saved in the Clerk's
Office.
Nuisance Abatement/Town Code amendment/Item #B3 (03.46)
Council considered adopting a Nuisance Abatement Ordinance. The enforcement of this type
of ordinance would require additional staff time and funding. Under the restrictions of this
year's budget Council decided to not pursue implementation of this ordinance at this time.
Building and Engineering Services addressed the ADA concerns which the Town must consider.
The law presents many mandates without funding to carry them through. Our Town staff and
committee has reviewed these mandates and made suggestions for implementation and response
to the concerns.
TC:05: MM052493
2