08 Staff Report - Establishing Citation and Remedies Process
DATE: TO: FROM: COUNCIL AGENDA REPORT February 23,2004 ORRY P. KORB, TOWN MEETING DATE: 3/1/04 ITEM NO. 0' SUBJECT: ADOPT ORDINANCE
AMENDING CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPALCODEAND ADDINGARTICLE IITO CHAPTER 1OF THE TOWN OF LOS GATOS TOWN CODE ESTABLISHING AN ADMINISTRATIVE CITATION AND ADMINISTRATIVE
REMEDIES PROCESS RECOM1vfENDATION: 1. Adopt ordinance that was introduced at the Council meeting of February 17, 2004. 2. Instruct the Clerk to either: (a) publish the ordinance within
15 days after adoption, or (b) publish a summary no more than 15 days after adoption (if summary published before adoption). DISCUSSION: OnFebruary 17, 2004, Council introduced Attachment
1, amending Chapter 1 0 f the Town Code and adding Article II to Chapter 1 establishing a system of administrative code enforcement. Attachment: 1. Ordinance PREPARED BY: ORRY P. KORB,
TOWN ATTORNEY OPK:LMB/wp [N:\ATY\Admin-Cite.Adopt.TCR. wpd] Reviewed by: Assistant Town Manager Community Development Clerk File# 301-05
ORDINANCE ORDINANCE AMENDING CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL CODE AND ADDING ARTICLE IT TO CHAPTER 1 OF THE TOWN OF LOS GATOS TOWN CODE ESTABLISHING AN ADMlNISTRATIVE CITATION
AND ADMlNISTRATIVE REMEDIES PROCESS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Chapter 1 of the Los Gatos Town Code is amended by adding the title Article
I In General to include sections 1.10.010 through 1.10.110. SECTION II Chapter 1 of the Los Gatos Town Code is amended by adding the following: Article II Administrative Citations Section
1.20.010. Applicability Sections 1.20.010 through 1.20.070 herein provide for administrative citations which are in addition to all other civi11ega1 remedies and which are all alternative
to any criminal legal remedies, which may be pursued by the Town to address any violation ofthis Code except for violations of Chapter 15 (Motor Vehicles and Traffic). Section 1.20.015.
Definitions For purpose of this Article, the following definitions shall apply: (a) a) Enforcement Officer shall mean any Town employee or agent ofthe Town with the authority to enforce
any provision ofthis Code, including, but not limited to, the Town Manager, Town Attorney, Director ofCommunity Development, Director ofParks and Public Works and any police officer
and code enforcement officer. (b) Hearing Officer shall mean any person designated by the Town Manager to hear appeals of administrative citations and to hear administrative compliance
hearings. The Hearing Officer shall not be the citing Enforcement Officer. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly
or indirectly conditioned upon the amount of administrative citation penalties upheld by the Hearing Officer. Page 1 of 14
Section 1.20.020. Administrative Citation (a) Whenever an Enforcement Officer charged with the enforcement ofthis Code determines that a violation ofthat provision has occurred, the
Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation. (b) Each administrative citation shall contain the following
information: 1. The date of the violation; 2. The address or a definite description of the location where the violation occurred; 3. The section ofthis Code violated and a description
of the violation; 4. The amount ofthe penalty for the code violation; 5. A description ofthe penalty payment process, including a description ofthe time within which and the place to
which the penalty shall be paid; 6. An order prohibiting .the continuation or repeated occurrence of the code violation described in the administrative citation; 7. A description of
the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest
the administrative citation may be obtained; and, 8. The name and signature of the citing Enforcement Officer. (c) Prior to the issuance of an administrative citation for a violation
which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the Enforcement Officer shall provide
a reasonable period of time not less than five (5) business days to correct or otherwise remedy the violation. Section 1.20.025· Amount of Penalties (a) The amounts ofthe penalties for
code. violations imposed pursuant to this Article shall be set forth in the schedule of penalties established by resolution by the Town Council. (b) The schedule of penalties shall specify
any increased penalties for repeat violations of the same code provision within thirty-six (36) months from the date ofan administrative citation. (c) The schedule of penalties shall
specify the amount of any late payment charges imposed for the payment of a penalty after its due date. Section 1.20.030 Payment of Penalty (a) The penalty shall be paid to the Town
within thirty (30) days from the date of the administrative citation. (b) Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence ofthe code violation
that is the subject of the administrative citation. Page 2 of 14
Section 1.20.035 Hearing Request (a) Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the Town within
thirty (30) days from the date of the administrative citation, together with an advance deposit of the total penalty amount or an advance deposit hardship waiver Application form as
described in section 1.20.075. (b) A request for hearing form may be obtained from the department specified on the administrative citation. (c) The person requesting the hearing shall
be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. (d) Ifthe Enforcement Officer submits an additional written report concerning
the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five
days prior to the date of the hearing. Section 1.20.040 Hearing Procedure (a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the penalty
has been deposited in advance in accordance with section 1.20.035(a) or an advance deposit hardship waiver has been filed with and accepted by the Town pursuant to section 1.20.070.
(b) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and. not more than sixty (60) days from the date that the request for hearing
is filed in accordance with the provisions of this Article. (c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present
evidence concerning the administrative citation. (d) The failure ofanyrecipient ofan administrative citation to appear at the administrative citation hearing shall constitute a forfeiture
of the penalty and a failure to exhaust his or her administrative remedies. (e) The administrative citation and any additional report submitted by the Enforcement Officer shall constitute
prima facie evidence ofthe respective facts contained in those documents. (f) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer
or the recipient of the citation prior to issuing a written decision. Section 1.20.045 Hearing Officer's Decision (a) After considering all of the testimony and evidence submitted at
the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list the reasons for that decision. The decision of the Hearing
Officer shall be final. Page 3 of 14
(b) Ifthe Hearing Officer determines that the administrative citation should be upheld, he or she shall impose a penalty not to exceed the maximum provided in the schedule ofadministrative
penalties adopted by the Town Council resolution in effect on the date when the violation occurred. The Town shall retain the penalty amount on deposit with the Town. Ifthe Hearing Officer
determines that the administrative citation should be-upheld and the penalty was not . deposited pursuant to a waiver under section 1.20.07S, the Hearing Officer shall set forth in the
decision an order for payment of the penalty and a payment schedule for the penalty. (c) The Hearing Officer may assess administrative costs against the violator when the Hearing Officer
determines that a violation has occurred and that compliance was not achieved. Administrative costs may include any and all costs incurred by the Town (both direct and indirect costs)
in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the Town in connection with the hearing before the Hearing Officer,
including but not limited to costs the Enforcement Officer incurred in preparation for theheanng and for participating in the hearing itself, and costs of the Town to conduct the hearing.
(d) Failure to pay administrative penalties and administrative costs in the amounts specified in the administrative Hearing Officer's decisionon or before-the date specified in that
decision shall constitute a violation of this Code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties
herein. (e) If the Hearing Officer determines that the administrative citation should be cancelled, the Town shall promptly refund the amount of the deposited penalty. (f) Therecipientofthe
administrative citation shall be served with a copy ofthe Hearing Officer's written decision. Section 1.20.050 Late Payment Charges Any person who fails to pay to the Town any any penalty
imposed pursuant to the provisions of this Article on or before the date that penalty is due also shall be liable for the payment ofany applicable late payment charges set forth in the
schedule ofpenalties. Section 1.20.055 Recovery of Administrative Citation Penalties and Collection Costs The Town may collect any past due administrative citation penalty, late payment
charge and costs of collection by use of any and all available legal means. Section 1.20.060 Right to Judicial Review Any person aggrieved by an administrative decision of the Hearing
Officer _on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with
the time lines and provisions set forth in California Government Code section 53069.4. Page 4 of 14
Section 1.20.065 Notices Whenever a notice is required to be given under this Article, unless different provisions are otherwise specifically made, such notice may be given either by
personal delivery to the person to be notified or by deposit in the United States Mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the last-known
business or residence address as the same appears in the last equalized county assessment roll or to the records pertaining to the matter to which such notice is directed. Service by
mail shall be deemed completed at the time of deposit in the United States Mail receptacle is made. Failure to receive any notice specified herein does not affect the validity of proceedings
conducted hereunder. Section 1.20.070 Advance Deposit Hardship Waiver (a) Any person who intends to request a hearing to contest an administrative citation, and who is financially unable
to make the advance deposit of the penalty as required in section 1.20.035(a), may file a request for an advance deposit hardship waiver. which shall include a sworn affidavit as described
in subsection (c) below. (b) The request shall be filed, along with the request for hearing form, with the Town Attorney's Office on an advance deposit hardship waiver application form,
available from the Town Clerk's Office, within thirty (30) days of the date ofthe administrative citation. (c) The Town may waive the requirement of an advance deposit and issue the
deposit hardship waiver only if the cited party submits to the Town a sworn affidavit, together with any supporting documents or materials, demonstrating to the
satisfaction ofthe Town Manager the person's actual financial inability to deposit with the Town the full amount ofth€; penalty in advance of the hearing. In determining the cited party's
financial ability or inability to deposit the full amount of the penalty in advance, the Town Manager shall consider the ' amount ofthe penalty imposed, the income ofthe cited party,
the expenses ofthe cited party, and any other factors that are reasonably related to the cited party's ability to deposit the full amount. (d) The requirement of depositing the full
amount of the penalty as described in section 1.20.035(a) shall be stayed unless or until the Town makes a full determination not to issue the advance deposit hardship waiver. (e) lfthe
Town makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination
to deny the waiver shall be final. (f) The written determination of the Town's denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the
waiver. Page 5 of 14
Section 1.30.010 Article III Administrative Orders AppUcability Sections 1.30.010 through Section 1.30.105 herein provide for administrative which are in addition to all
other civil legal remedies and which are an alternative to any criminal which may be pursued by the Town to address any violation of this Code except for
violations of Chapter 15 (Motor Vehicles and Traffic). Section 1.30.015 Definitions For purpose ofthis Article, the following definitions shall apply: (a) Enforcement Officer shall mean
any Town employee or agent ofthe Town with the authority to enforce any provision ofthis Code, including, but not limited to, the Town Manager, Town Attorney, Director ofCommunity Development;
Direct.or ofParks and Public Works and any police officer and code enforcement officer, (b) Hearing Officer shall mean any person designated by the Town Manager to hear appeals of administrative
citations and to hear administrative compliance hearings. The Hearing Officer shall not be the investigating Enforcement Officer. The employment, performance evaluation, compensation
and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative penalties upheld by the Hearing Officer. Section 1.30.020 Compliance
Order (a) Whenever the Town Manager or designee determines that a violation ofany provision of this Code is occurring or exists on a continuing basis, a written compliance order may
be issued to any person responsible for the violation and/or the property owner. (b) A compliance order issued pursuant to this Article shall contain the following information: 1. The
date and location of the violation; 2. The section ofthis Code violated and. a description ofthe violation; 3. The actions required to correct the violation; 4. The time period after
which administrative penalties will begin to accrue if compliance with the order has not been achieved; 5. Either a copy of Article III of this Chapter or an explanation of the consequences
of noncompliance with this Article and a description of the hearing procedure and appeal process. Section 1.30.025 Method of Service (a) All notices required herein shall be served as
provided in section 1.30.030 of this Article unless otherwise specified. Page 6 of 14
,/(b) Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized county assessment roll. (c) Where personal service
or service by mail upon the property owner cannot be made despite a diligent effort, a copy of the order shall be conspicuously posted at the property that is the subject of the order.
(d) The failure ofany person to receive any notice required under this Article shall not affect the validity of any proceedings taken under this Article. Section 1.30.030 Notice Service
Procedure Whenever a notice is required to be given under this Article, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery
to the person to be notified or by deposit in the United States Mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the last-known business or residence
address as the same appears in the last equalized county assessment roll or to the records pertaining to the matter to which such notice is directed. Service by mail shall be deemed
completed at the time of deposit in the United States Mail receptacle is made. Section 1.30.035 Hearing (a) If the Town Manager determines that all violations have been corrected within
,the time specified in the compliance order, no further action shall be taken. (b) Iffull or partial compliance is not achieved within any ofthe times specified in the compliance order
for full or partial compliance, the Town Manager shall set a hearing before the Hearing Officer. " .(c) The Town Manager shall cause a written notice of hearing to be served on the violator
and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on
the date the notice is prepared. (d) All hearings shall be open and public. Section 1.30.040 Notice of Hearing (a) Every notice ofhearing on a compliance order shall contain the date,
time and place at which the hearing shall be conducted by the Hearing Officer. (b) Each hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days
from the date of the notice of hearing unless the Town Manager determines that the matter is urgent or that good cause exists for an extension oftime. (c) The hearing serves to provide
the full opportunity of a person subject to a compliance order to object to the that a violation has occurred and/or that the violation has Page 7 of 14
continued to exist. The failure of any person subject to a compliance order, pursuant to this Article, to appear at. the hearing shall constitute a failure to exhaust administrative
remedies. Section 1.30.045 Hearing -Findings and Order (a) At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing on the compliance order
issued pursuant to section 1.30.020. (b) The Hearing Officer shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance
by the violator and/or by the real property owner, including but not limited to: 1. The report ofthe Enforcement Officer; 2. Objections or protests ofproperty owners or other responsible
or interested persons who may be held liable for the amounts owedor whose propertymay be assessed or liened for the amounts owed; 3. Evidence.on whether the person before the
Officer is responsible for the amounts owed to the Town; 4. Evidence on whether the person responsible for the amounts owed to the Town has taken the required corrective action within
the required time period; and 5. Such other and further evidence as justice may require (c) Within a reasonable time following the conclusion of the hearing, the Hearing Officer shall
make findings and issue its determination regarding; 1. The existence ofthe violation; and 2. The failure ofthe violator or owner to take required corrective action within the required
time period. (d) The Hearing Officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. (e) If the Hearing Officer finds
by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Hearing Officer
shall issue an administrative order pursuant to section 1.30.050. (f) If the Hearing Officer finds that no violation has occurred or that the violation was corrected within the time
period specified in the compliance order, the Hearing Officer shall issue a finding ofthose facts. Section 1.30.050 Administrative Order (a) Ifthe Hearing Officer determines that a violation
occurred which was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue an administrative order that imposes any or all of the following:
1. An order to correct, including a schedule for correction where appropriate; Page 8 of 14
2. Administrative penalties as provided in section 1.30.055; 3. Administrative costs as provided in section 1.30.060; and 4. Interestas provided in section 1.30.065. (b) The Administrative
Order shall state that failure to comply with its provisions may, pursuant to section 1.10.100, result in the Town abating the nuisance and charging the cost of said abatement plus all
administrative costs to the property owner, and may further result in the Town collecting the monies due as a personal obligation of the responsible party or by recordation of a lien
or filing of a special assessment against the subject real property. Section 1.30.055 Administrative Penalties (a) The Hearing Officer may impose daily administrative penalties for the
violation of any provision ofthis Code except for violation ofChapter 15 (Motor Vehicles and Traffic) in the amount set forth in the schedule ofpenalties established by resolution by
the Town Council. The Hearing Officer may suspend administrative penalties for any period of time time during which the violator has filed for necessary permits and such permit applications
are actively pending before the Town, state or other appropriate public agency. (b) In determining the amount ofthe administrative penalty, the Hearing Officer may take any or all ofthe
following factors into consideration: 1. The duration ofthe violation; 2. The frequency, recurrence and number of violations, related or by the same violator; 3. The
seriousness of the violation; 4. The good faith efforts of the violator to come into compliance; 5. The economic impact of the penalty on the violator; 6. The impact of the violation
on the community; and 7. Such other factors as justice may require. (c) Administrative penalties imposed by the Hearing Officer shall accrue from the date specified in the compliance
order and shall cease to accrue on the date the violation is corrected as determined by the Town Manager or the Hearing Officer. (d) Administrative penalties assessed by the Hearing
Officer shall shall be due by the date specified in the administrative order. (e) If the violation is not corrected as specified in the Hearing Officer's order to correct, administrative
penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in subsection (a) above. (f) Ifthe violator gives written
notice to the Town Manager that the violation has been corrected and if the Town Manager finds that compliance has been achieved, the Town Manager shall deem the date the written notice
was postmarked or personally delivered to the Town Manager or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. Ifno written notice.is
provided to the Town Manager, the violation will be deemed Page 9 of 14
corrected on the date ofthe final inspection. Section 1.30.060 Administrative Costs (a) The Hearing Officer shall assess administrative costs against the violator when it finds that
a violation has occurred and that compliance has not been achieved within the time specified in the compliance order. (b) The administrative costs may include any and all costs incurred
by the Town in connection with the matter before the Hearing Officer iricluding, but not limited to, costs ofinvestigation ofthe violation, staffing costs incurred in preparation for
the hearing and for the hearing itself, and costs for all subsequent inspections necessary to enforce the compliance order. Section 1.30.065 Interest The Hearing Officer may also assess
interest on the amount of administrative penalties, abatement costs and administrative costs imposed at the legal rate from the date of the administrative order. Section 1.30.070 Force
and Effect (a) The administrative order of the Hearing Officer is final at the time it is made; however, the Hearing Officer shall maintain continuingjurisdiction and shall have the
power to modify the administrative order, after providing the person subject to the administrative order with notice and an opportunity to be heard, until full compliance is achieved.
(b) The administrative order ofthe Hearing Officer, once recorded, shall have the same force and effect and priority as a judgment lien by the provisions of section
697.340 of the California Code of Civil Procedure and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. (c) The administrative order
shall have the same force and effect as a resolution of the Town Council for the purpose of filing a lien, special assessment, or special collection with the County of Santa Clara or
tax collector's office pursuant to this code and for the purpose of pursuing any other collection or enforcement action to obtain payment of the amounts owed to the Town. . Section 1.30.075
Failure to Comply with Administrative Order (a) If unpaid as of the date specified in the administrative order, the administrative penalties, administrative costs and interest assessed
by the Officer shall be collected by the Town by use of all available legal means, and my be enforced as: 1. A personal obligation of the violator; and/or 2. If the violation
is in connection with real property, a lien or special assessment upon the real property. The lien or special assessment shall remain in effect until all of the administrative penalties,
interest and administrative costs are paid in full. Page 10 of 14
(b) In addition to any other remedies provided by law, failure to pay administrative penalties, . administrative costs and interest in the amounts specified in the Hearing Officer's
decision on or before the date specified in that decision shall constitute a violation ofthis Code punishable as a misdemeanor. Section 1.30.080 Right of Judicial Review The decision
ofthe Hearing Officer shall be final. Any person aggrieved by an administrative order ofthe Hearing Officer may obtain review ofthe administrative order in the Superior Court ofSanta
Clara County by filing with the court a notice of appeal pursuant to Government Code section 53069.4. Section 1.40.085 Report of Compliance after Administrative Order lfthe Town Manager
determines that compliance has been achieved after a compliance order has been sustained by the Hearing Officer, the Town Manager shall prepare a report indicating that compliance has
been achieved. A copy ofthe compliance report shall be served on the violator. Section 1.30.090 Lien /Special Assessment Whenever the amount of any administrative penalty and/or administrative
cost imposed by the Hearing Officer pursuant to this Article in connection with real property has not been satisfied in full within ninety (90) days and/or has not been successfully
challenged by a timely appeal pursuant to Government Code section 53069.4, this obligation may constitute a lien or, in the alternative, a special assessment against the real property
on which the violation occurred. Section 1.30.095 Lien Procedure (a) There is hereby established the following procedure for collection ofadministrative penalties and costs imposed by
the Hearing Officer pursuant to this Article or other abatement and related administrative costs by recordation of a lien. (b) Upon determinationbythe TownManagerthat the administrative
penalty, adminj.strative costs and interest imposed by the Hearing Officer has not been satisfied in full within ninety (90) days and/or not been successfully challenged by a timely
appeal, the Town Town Manager shall prepare and file with the Town Council a report stating the amounts due and owing, the date of
the administrative order, the street address, legal description and assessor's parcel number of the subject property, and the name and address ofthe recorded owner of the property. (c)
Prior to recordation of the lien, the Town Manager shall serve a copy of the report provided under subsection (b) above on the property owner, along with notice to the property owner
that a lien in the amounts stated in the report will be filed against the subject property in the County Recorder's Office. (d) The notice set forth in subsection (c) above shall be
served in the same manner as summons in a civil action in accordance with Code.ofCivil Procedure section 415.10 et seq. ifthe owner of record, after diligent search cannot be found,
the notice may be served by posting a copy Page 11 of 14
thereof in a conspicuous place upon the property for a period often (10) days and publication thereof in a newspaper of general circulation published in Santa Clc:rra County. (e) Following
proper notice to the owner ofrecord as provided in subsection (d) above, the Town Manager's report and a copy of the administrative or abatement order shall be recorded as a lien with
the County Recorder. Once recorded, the administrative order shall have the force and effect and priority ofa judgment lien governed by the provision 0 f section 697.340 0 f the Code
of Civil Procedure and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. (f) Interest at the legal rate per year shall accrue on
the principal amount ofthe lien until satisfied pursuant to law. (g) A lien pursuant to this section may be foreclosed by an action brought by the Town for a moneyjudgment. Section 1.30.100
. Special Assessment Procedure (a) As an alternative to the procedure authorized by section 1.30.085, there is hereby established a procedure for making the administrative penalties
and costs imposed by the Hearing Officer pursuant to this Article or abatement and related administrative costs a special assessment against the subject real property. (b) Upon determination
by the Town Manager or the Hearing Officer that the administrative penalty, cost andlor interest imposed by the Hearing Officer has not been satisfied in
full within ninety (90) days andlor not been successfully challenged by a timely appeal, the Town Manager shall prepare and file with the Town Council a report stating the amounts due
and owing, the date of the administrative order or abatement order, the street address, legal description and assessor's parcel number ofthe, subject property, and the name and address
of the recorded owner of the property. (c) Prior to the imposing of the special assessment, the Town Manager shall serve a copy of the report provided under subsection (b) .above on
the property ownerl along with notice that the property may be sold after three years by the County of Santa Clara tax collector for unpaid delinquent Such notice
shall be served by certified mail to the property owner. If the owner of rycord, after diligent .search cannot be found, the notice may be served by posting a copy thereof in a conspicuous
place upon the property for a period of ten (10) days and publication thereofin a newspaper ofgeneral circulation P\1blished in Santa Clara County. The tax collector's power of sale
shall not be affected by the failure of the property owner to receive notice. (d) 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 ofdelinquency as provided for ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement ofmunicipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide Page 12 of 14
encumbrance for value has been created and attaches thereon, prior to the date on which the first installment ofthe taxes would become delinquent, then the assessment shall not result
in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (e) Interest shall accrue on the principalamount ofthe assessment until satisfied
pursuant to law. (f) The Town may, subject to the requirements applicable to the sale of property pursuant to section 3691 ofthe Revenue and Taxation Code, conduct a sale ofvacant residential
developed property for which the payment of the assessment is delinquent. (g) Notices or instruments relating to the administrative order, abatement order or special assessment shall
be entitled to recordation. Section 1.30.105 Satisfaction of Lien I Special Assessment Once payment in full is received by the Town for outstanding penalties and costs, the Director
9f Finance shall: (a) With respect to a lien, either record a notice ·of satisfaction or provide the property owner or financial institution with a notice ofsatisfaction so they may
record this notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the Town's lien; or (b) With respect to a special assessment, provide written notice
to the County of Santa Clara tax collector thatthe special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall
cancel the Town's special assessment. SECTION IV If any of the provisions of this ordinance or the application thereof to any person or property is held invalid, such invalidity shall
not affect the other provisions of this which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are
declared to be severable. SECTION V Anyjudicial review ofthis ordinance shall be by writ of mandate, under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review,
set aside, void or annul this ordinance shall be commenced within 90 days after adoption of this ordinance This ordinance was introduced at a regular meeting of the Town Council ofthe
Town of Los Page 13 of 14
Gatos on ,2003 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting ofthe Town Council ofthe Town of Los Gatos on ,2003. 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 N:\ATY\Admin.Cit.ORD."..pd.wpd Page 14 of 14