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Item 30 Staff Report Introduce Ordinance of the Town of Los Gatos Amending the Grading Ordinance (Chapter 12) and the Storm Water Pollution Control Code (Article III of Chapter 22) to Explicitly Provide for Administrative and Enforcement InspectionsCOUNCIL AGENDA DATE: 10/3/94 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: September 29, 1994 TO: MAYOR AND TOWN��COUN L FROM: TOWN MANAGER t�h SUBJECT: INTRODUCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND THE STORM WATER POLLUTION CONTROL CODE (ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS RECOMMENDATION: 1. Direct the Clerk to read the title; 2. Move to waive the reading; 3. Introduce the Ordinance to amend Code of the Town of Los Gatos Chapter. BACKGROUND: Staff recently completed an evaluation of the Town's ability to enforce Nonpoint Source (NPS) pollution standards. In general, it was found that sufficient legal authority to enforce the NPS standards is available. However, staff believes that enhanced authority is necessary related to "inspection and right of entry." The proposed amendments would allow for NPS inspections similar to the process for building inspections. The inspectors would identify themselves and request permission to enter and inspect for compliance. If permission to enter is denied then the inspector could seek an inspection warrant to enter the property. However, courts are reluctant to issue inspection warrants unless there is clear ordinance authority. FISCAL IMPACT: None as proposed. Town staff currently performs these inspections and the budget to do so currently exists. PREPARED BY: f 0 SCOTT R. BAKER\WI r - Director of Building and Engineering Services SRB:cs 9/29/1994 3:01 pm N:\B&E\SCOTT\ROENTRY.TCR ATTACHMENTS: Proposed Ordinance Reviewed by: Attorney Clerk ance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND THE STORM WATER POLLUTION CONTROL CODE (ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I A new Section 12.40.055 is added to the Town Code to read as follows: Sec. 12.40.055. Inspection and Right of Entry. (a) Whenever deemed necessary to make an inspection to ensure compliance with the requirements of this Chapter or to enforce any provision of this Chapter, or whenever the Town Engineer, or an authorized Town officer or agent, has reasonable cause to believe that there may be any condition upon any property or in any structure that may violate the requirements of this Chapter, the Town Engineer, or an authorized Town officer or agent may enter such property or structure at all reasonable times to inspect the same or to perform any duty imposed upon the Town officer or agent by this Chapter. Should entry be refused, the officer or agent shall have recourse to every remedy provided by law to gain entry. (b) When a Town officer or agent has first obtained a property inspection or search warrant or other remedy provided by law to secure entry, no person having charge, care or control of any building or property shall fail or neglect after proper request is made as herein provided, to promptly permit entry by the authorized officer or agents. Violation of this Subsection shall be a misdemeanor. SECTION II A new Section 22.30.045 is added to the Town Code to read as follows: Sec. 22.30.045. Inspection and Right of Entry. (a) Whenever deemed necessary to make an inspection to ensure compliance with the requirements of this Article or to enforce any provision of this Article, or whenever the Town officer or agent, has reasonable cause to believe that there may be any condition upon any property or in any structure that may violate the requirements of this Article, the authorized Town officer or agent may enter such property or structure at all reasonable times to inspect the same or to perform any duty imposed upon the Town officer or agent by this Article. Should entry be refused, the officer or agent shall have recourse to every remedy provided by law to gain entry. (b) When a Town officer or agent has first obtained a property inspection or search warrant or other remedy provided by law to secure entry, no person having charge, care or control of any building or property shall fail or neglect after proper request is made as herein provided, to promptly permit entry by the authorized officer or agents. Violation of this Subsection shall be a misdemeanor. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 3, 1994, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA October 3, 1994 Los Gatos, California FORBES MILL FOOTBRIDGE CONT. Carol Ann Weber, Chair of the Trails and Bikeways Committee, addressed the idea of the mural and the concept of community support for it. She suggested that a letter be written asking if the Arts Committee would be willing to help with the project. CONFLICT OF INTEREST CODE/POLITICAL REFORM ACT/ORDINANCE INTRO (29.18) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report on accuracy and currency of Town Conflict of Interest Code pursuant to Political Reform Act. Carried by a vote of 4 ayes. Mr. Blanton was absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE. Carried by a vote of 4 ayes. Mr. Blanton was absent. GRADING ORDINANCE AMENDMENT/STORM WATER POLLUTION CONTROL (30.37) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND THE STORM WATER POLLUTION CONTROL CODE SARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS. Carried by a vote of 4 ayes. Mr. Blanton was absent. BUSINESS LICENSES/BUSINESS REGULATIONS/LICENSE TAXES (31.05) Consensus of Council to continue this item to October 17, 1994 for further report regarding the fee structure and time for discussions with contractors. COUNCIL COMMITTEE REPORTS/HIGHWAY 85/CELEBRATION/GRAND OPENING (32.40) Linda Lubeck reported on the progress of plans for the Freeway Party to be held on October 15, 1994. She is now looking for participants in the dunk tank event. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that this evening's meeting be adjourned at 9:43 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove, Town Clerk TC: D6: MM100394 8 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than non-parell), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: April 6, all in the year of 1994 certify (or declare) under penalty of perjury that the foregoing is true and correct. Date at Los Gatos, California, this April 6, 1994 Stephanie Thompson Filing Stamp PROOF OF PUBLICATION NOTICE OF PUBUC MEETING NOTICE IS HEREBY GIVEN that the Town of Los Gatos has scheduled a public meeting for Monday, Apil 18,1994 at 7:30 P.M. in the Council Chambers, Civic Center, 110 East Main Street, Los Gatos. The Public Meeting is related to the 199495 stone water management program (nonpoint source) proposed budget and assessment fee increase. The public meeting will be agendized under 'other matters' on the Council agenda. A complete record concerning this matter is on file for public in- spection in the Office of the Town Clerk. INTERESTED PER- SONS are encouraged to attend this public meeting. /s/MARIAN V. COSGROVE/. Clerk of the town of Los Gatos (Pub 4/6/94)