Ord 1892 - Amending Seciton 1.10.100ORDINANCE 1892
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 1.10.100 OF THE TOWN CODE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Section 1.10.100 is hereby amended to read as follows:
Section 1.10.100. Abatement of Violations.
(a) Any building or structure set up, erected, constructed, altered, enlarged,
converted, moved or maintained contrary to the provisions of this Code, or any use of land,
building or premises conducted, operated or maintained contrary to the provisions of this
Code, or contrary to a permit or variance, or the terms and conditions imposed therein,
shall be, and the same is hereby declared to be, unlawful, and a public nuisance, and the
duly constituted authorities of the Town shall, upon order of the Council, immediately
commence action or proceedings for the abatement and removal and enjoinment thereof
in the manner provided by law, and shall take such other steps and shall apply to such court
or courts as may have jurisdiction to grant such relief as will abate and remove such
building or structure and restrain and enjoin any person from setting up, erecting, building,
maintaining or using any such building or structure, or using any property contrary to the
provisions of this Code.
(b) This Code 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 Code. In any civil action filed by the Town
to enforce any provision of this Code or to abate any public nuisance arising under or in
violation of this Code, the court shall have jurisdiction to grant a temporary restraining
order, preliminary and permanent injunctive relief. In an application by the Town for
preliminary injunctive relief the Town need only show that it is likely to prevail on any of
its claims. No showing of irreparable harm or inadequacy of the remedy at law, or weighing
of the equities is required. The court may weigh the equities in determining whether to
order preliminary injunctive relief if the party opposing the issuance of such relief can
demonstrate that it will suffer grave or irreparable harm by the granting of such preliminary
relief.
SECTION II
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.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on March 2, 1992 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 March 16, 1992.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura, Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS OS
LOS GATOS, CALIFORNIA
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