Ord 1870 - Urgency Ordinance Authorizing Investigations of Conditions which may Present a Public NuisanceORDINANCE 1870
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING
INVESTIGATIONS OF CONDITIONS WHICH MAY PRESENT A
PUBLIC NUISANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
An urgent need for this ordinance exists in order to preserve the public health and
safety in that:
1. Hazardous materials have been identified on certain real property within the
Town of Los Gatos; and
2. Immediate identification of the sources, causes and the parties responsible for
such contamination is necessary to secure expeditious cleanup and remediation of the site;
and
3. The continued presence of the hazardous materials on the site creates a threat
of further soil contamination and of further contamination of the ground water; and
4. The soil and groundwater contamination and the threat of its' spread may
create a public nuisance and endanger the public health and safety; and
5. A process to investigate this public nuisance is necessary immediately to effect
the earliest possible remediation.
SECTION II
The Town Council hereby finds that it is within the authority and responsibility of
the Town Council to declare a public nuisance and to respond to and abate public
nuisances within the Town's jurisdiction. The Town Council finds that the exercise of its
authority to abate public nuisances may require investigation into the causes and effects of
the public nuisance(s), the persons or entities responsible for contributing to the public
nuisance(s), and matters relating to the appropriate prevention, control and abatement of
those nuisances.
SECTION III
In any action or proceeding to investigate or declare a public nuisance, the Town
Council may exercise its authority pursuant to Government Code Section 37104 to issue
subpenae for the production of books, records and documents relevant to the subject matter
or such investigation, as well as subpenae to compel testimony of any person or entity that
may have information relevant to the investigation. The production of books, records and
documents in response to such subpenae shall be to the Town Clerk who shall transmit
them to the Town Council and make them available to the Town Attorney. Subpenae to
Compel the giving of testimony shall require the subpenaed person or appropriately
designated representative(s) of an entity, to appear and give testimony either before the
Town Council or before an officer appointed by the Town Council, who is authorized to
preside over depositions in civil actions. If testimony is given before such an officer, the
officer shall transmit to the Town Council the recorded testimony, together with all
objections to questions and all failure or refusals to fully respond to questions.
Interrogation or persons giving testimony pursuant to a subpena issued hereunder shall be
conducted by the Town Council, by any member(s) of the Town Council authorized by
majority vote of the Town Council, by the Town Attorney, or by an attorney appointed by
either the Town Council or the Town Attorney.
If any person duly subpenaed neglects or refuses to obey a subpena, or, appearing,
refuses to testify or answer any questions which a majority of the Town Council decides
proper and pertinent, the Mayor, acting by and through the Town Attorney or by an
attorney appointed by either the Town Council or the Town Attorney, shall present the
matter to a judge of the Santa Clara County Superior Court for the appropriate action as
provided by law.
SECTION IV
This ordinance takes effect immediately and shall be published once in the Los
Gatos Weekly, a newspaper of general circulation, published in the Town of Los Gatos
within fifteen (15) days.
2
The foregoing ordinance was passed and adopted at a regular meeting Los Gatos
Town Council on the 16th day of September, 1991 and adopted by the following vote as
an urgency ordinance of the Town of Los Gatos.
COUNCIL MEMBERS:
AYES: Randy Ataway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA