Ord 1801 - Providing for the Demolition of Dangerous PropertyORDINANCE NO: 1801
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
PROVIDING FOR THE DEMOLITION OF DANGEROUS PROPERTY
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Findings
(a) The Town Council has adopted a proclamation of local emergency as a result
of severe damage to buildings and structures resulting from earthquakes
occurring on and after October 17, 1989; and
(b) The owners of several buildings and structures suffering such damage have
indicated a need to demolish such structures; and
(c) The Town may be required to demolish certain unsafe structures because the
owners cannot be located, lack adequate financial resources, or are
unwilling to demolish the unsafe structure; and
(d) Protection of the public, health, safety and general welfare requires that
the Town's existing ordinances be modified by authorizing emergency hearing
and review procedures for demolition permits; and
(e) The existence of severely damaged buildings and structures pose a current
and immediate threat to the public health, safety and welfare and this
ordinance must take effect immediately in order that the emergency
demolition procedures can be implemented.
SECTION II
Emeraencv Demolition Procedure - Notice and Hearin
(a) Whenever the Building Official determines that a building or structure has
been severely damaged and may require immediate demolition he shall retain
an independent structural engineer to examine the structure. If the
independent engineer determines that demolition is required, the Building
Official shall issue a Notice to the record owner of the building.
(b) The Notice shall contain:
(1) The street address of the property, and legal description if available.
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(2) A statement that the building is dangerous and description of physical
condition.
(3) A statement that demolition is required.
(4) Notice of the date and time of a hearing to be held before the Town
Manager no sooner than forty -eight (48) hours and no later than five
(5) days after delivery of the notice.
(c) The notice shall be served on the owner of record of the property and shall
be posted on the property.
SECTION III
Notice and Hearing
(a) If the property owner disputes the determination of the Building Official
or cannot, after exercise of reasonable diligence by the Town, be located,
the Town Manager shall hold a hearing at the date and time specified in
the Notice. The Town Manager shall review the engineering report prepared
for the Town and any evidence submitted by the property owner. If the
evidence shows that the building is an immediate threat to public health
and safety, the Town Manager shall order the building demolished and
authorize issuance of an emergency demolition permit. The Town Manager
shall issue a decision at the hearing or no later than twenty -four (24)
hours after the hearing.
(b) Any property owner aggrieved by the decision the Town Manager may appeal
the Manager's decision to the Town Council by filing a written notice of
appeal with the Town Clerk within twenty -four (24) hours after the Town
Manager's decision. Any appeal filed under this section shall be set for
a hearing at a special. meeting of the Town Council held not less than three
(3) days after filing of the notice of appeal. At the hearing, the Town
Council shall review the engineering report prepared for the Town and any
evidence submitted by the property owner. If the evidence shows that the
building is an immediate threat to the public health and safety, the
Council shall order the building demolished and authorize issuance of an
emergency demolition permit. The Town Council shall issue a decision at
the hearing or no later than twenty -four (24) hours after the hearing.
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(c) If the property owner concurs in the determination of the Building
Official, the Town Manager, or Town Council, as the case may be, the Town
shall issue an emergency demolition permit, ordering that the property be
demolished within five (5) days from the date of issuance. As a condition
of issuance, the property owner must sign a statement absolving the local
agency and the State of any liability relative to demolition and removal.
(d) If the Town Manager or Town Council determines that the building must be
demolished and the property owner does not concur in the decision, cannot
be located or does not comply with an emergency demolition permit within
the time specified, the Town shall cause the demolition of the building
or structure. The costs of such demolition shall be confirmed by the Town
Council and shall, after recording of the Town Council's order, be a lien
against the property until paid.
(e) Before the Town causes the demolition of any structure for which an
emergency demolition permit has been issued, the Town shall make every
effort to obtain a signed statement from the property owner stating:
(1) That the property owner does not have insurance covering the removal
of the disaster - damaged structure; and
(2) That the property owner absolves the local agency and the State from
any liability relative to demolition and removal.
(f) When the Town causes the demolition of any structure constructed of bricks
or other unique materials (i.e., wrought iron railing, sandstone, etc.)
that could be reused to preserve the historic character of the downtown,
the Town will pay any additional demolition costs incurred to separate the
unique materials from other debris and to transport the unique materials
to a storage location determined by the Town.
(g) The property owner has a right of first refusal to purchase any unique
materials by paying such additional demolition costs within ninety (90)
days after a demolition permit is issued, so long as the property owner
signs a written statement that the unique materials will be used only for
reconstruction on the site from which the unique materials were removed.
(h) Thereafter, the Town may sell the unique materials for reconstruction and
use the proceeds of such sale to offset the additional demolition costs.
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(i) The demolition of any building or structure pursuant to the provisions of
this ordinance is exempt from CEQA pursuant to Public Resources Code
Section 21080(b) (3) and CEQA Guideline 1 5359•
SECTION IV
Effective Date
The ordinance is effective 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.
The foregoing ordinance was passed and adopted a regular meeting of the Los
Gatos Town Council on the 6th day of November, 1989, by the following vote:
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura, Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Eric D. Carlson
SIGNED:
ATTEST:
! 'MAYOR OF THE TOWN OF �'OS GATOS
c.�
CLERK OF THE TOWN OF LO ,GATOS
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