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2010051713 - Introduce an Ordinance adding a new Chapter 30 to the Town Code Entitled "Neighborhood Preservation"4 WN F ~„~. ~~ ~~9 ~GAS~g MEETING DATE: 5/17/2010 ITEM NO: /~ COUNCIL AGENDA REPORT DATE: May 13, 2010 TO: FROM: SUBJECT: MAYOR AND TOWN COUNCIL MICHAEL D. MARTELLO, INTERIM TOWN ATTORNE INTRODUCE AN ORDINANCE ADDING A NEW CHAPTER 30 TO THE LOS GATOS TOWN CODE ENTITLED "NEIGHBORHOOD PRESERVATION" RECOMMENDATION: Introduce AN ORDINANCE ADDING A NEW CHAPTER 30 TO THE LOS GATOS TOWN CODE ENTITLED "NEIGHBORHOOD PRESERVATION," to be read in title only, further reading waived. BACKGROUND: The Los Gatos Town Code sets forth the goals of the Town relative to property maintenance standards in broad terms. The approach of having broad terms is useful in the planning and development context; however, is not very helpful when trying to achieve compliance with violations of those concepts. An important tool in achieving compliance is to be able to communicate with a property owner and to point to a specific section (or sentence) of the code which clearly states the violation. The proposed ordinance would collect and list many of the more common violations in a new Chapter and provide both our property owners and residents with a clearer understanding of Town requirements and prohibitions. It will also provide Town code enforcement personnel with more tools for bringing problem properties into compliance. PREPARED BY: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNEY N:\ATY\Resos & Ords\SteffReports\Neighborhood Preservationdoc Reviewed by: own Manager _ Clerk Administrator .~(1,Fin Assistant Town Manager Community Development DISCUSSION: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCE AN ORDINANCE ADDING A NEW CHAPTER TO THE LOS GATOS TOWN CODE ENTITLED "NEIGHBORHOOD PRESERVATION" DISCUSSION: The residents and businesses of the Town of Los Gatos place a high value on their quality of life and on the maintenance of properties in all zones. For the most part, deviation from required Town ordinances and maintenance standards is enforced by the community's known expectations in that regard. Nevertheless, there are problem properties which demand repeated attention and resources from the Town's enforcement personnel. In reviewing this matter with Town staff, it became obvious that the Town Code prohibited these conditions generally, but did not specifically address many of the property maintenance issues presented by these problem properties. The lack of specific expression of a particular violation makes it difficult both to describe the nature of the violation to the property owner and to file a charge to cure the violation, if the property owner refuses to comply, The proposed ordinance would add a new chapter to the Town Code and would specifically list prohibited conditions that exist on properties. The list would aid enforcement staff in communicating with the property owners and/or tenants as well as assist those owners in understanding the violation. More importantly, the proposed ordinance will provide greater efficiency for Town enforcement staff in achieving compliance. Town staff, including Community Development, Police, and Parks and Public Works, reviewed the proposed ordinance and refined the individual provisions to match their experiences and needs in the field. If the ordinance is adopted, Town staff will continue to work with property owners to gain voluntary compliance. If voluntary compliance cannot be achieved, violations of this ordinance can be corrected through the administrative procedures adopted by the Town Council in 2004 or pursued through a variety of other methods, including nuisance abatement and enforcement tlu~ough the misdemeanor or infraction process. FISCAL IMPACT: The fiscal impact of this provision may result in additional revenue from administrative penalties'and fines as well as saving some staff time in achieving compliance. There is no direct fiscal impact by this action. ENVIRONMENTAL IMPACT: Is not a project defined under CEQA, and no further action is required. ORDINANCE ORDINANCE ADDING A NEW CHAPTER 30 TO THE LOS GATOS TOWN CODE ENTITLED "NEIGHBORHOOD PRESERVATION" THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 30, entitled "Neighborhood Preservation" is hereby added to the Los Gatos Town Code, and shall read as follows: Sec. 30.10.010 Purpose. This chapter is adopted to promote the health, safety, and welfare of the residents of the Town of Los Gatos. This Chapter will further implement the goals of the General Plan, the Zoning Chapter, and the extensive protections included within the Town Code aimed at enhancing and preserving the quality of life and property values in the Town. These regulations are necessary to stabilize and protect the aesthetic appearances and the quality and character of the Town's residential neighborhoods, as well as its commercial dishicts, and industrial properties, and to prevent the impairment of property values. Sec. 30.10.020 De£nitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. A. Fire Marshal. The Santa Clara County Fire Marshal or his or her designee. B. Town Engineer. The Los Gatos Town Engineer or his or her designee. C. Highway. Away or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes "street," "right-of- way," "thoroughfare" and "sidewalk." D. Owner. Any person owning, occupying, leasing, or othertivise having control of real property or uses thereon; E. Owner of the vehicle. The registered owner and legal owner of record of the subject vehicle. F. Person. Any natural person, firm, association, organization, partnership, trust, or association of persons, joint venture, corporation or company, and any officer or agent thereof. G. Vehicle. A device by which any person or property maybe propelled, moved, or drawn upon a highway, street or thoroughfare, except a device moved by human power or used exclusively upon stationary rails or tracks. Sec. 30.10.030 Conditions of Pronerty. An owner of real property shall not allow or maintain any of the following on his or her property: a. Overgrown, diseased, dead or decayed trees, weeds or other vegetation, which: (i) in the opinion of the Fire Marshal constitutes a fire hazard; or (ii) in the opinion of the Town Engineer constitutes a danger to those using the property or adjacent public or private property. b. The storage of equipment, materials, standing water, and/or vegetation overgrowth which are likely to harbor or provide habitat for rats, vermin, mosquitoes, and other pests; c. Garbage, refuse, trash, debris or waste, except as stored in accordance with the provisions of Chapter 11 of the Town of Los Gatos Municipal Code; d. Garbage receptacles in view from a public right of way, except within twenty four (24) hours of the designated day and time the garbage is scheduled to be collected; e. .Graffiti which remains for a period longer than ten (10) days; f. Conditions which, due to their accessibility to the public, may prove hazardous or dangerous, including, but not limited to: (1) Unused and/or broken equipment; (2) Abandoned wells, shafts or basements; (3) Hazardous or unprotected pools, ponds or excavations; (4) Structurally unsound fences or other structures; (5) Machinery which is inadequately secured or protected; (6) Lumber, trash, or debris; (7) Storing or keeping of chemicals or motor oil. (8) Refrigerators or appliances with the door(s) still attached. g. Any airplane or other aircraft, or any parts thereof on residentially zoned property; h. On residentially zoned properties: any construction, commercial, or other equipment, machinery, or materials except that construction equipment, machinery or material which is temporarily kept within or upon the property for and during the time such equipment, machinery or material is required for the construction or installation of improvements or facilities on that property. However, in no event shall the construction equipment, machinery or materials be in the front or side yard areas visible from a public street for any period of time in excess of twelve (12) consecutive months or twelve (12) nonconsecutive months in any eighteen (18) month. period. i. Any of the following when located in the fiont or side yard and visible from public right- of-way: refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household appliances, equipment, machinery, furniture (other than furniture designed and used for outdoor activities), firewood, lumber, salvage materials, building materials, unmounted campers, unmounted camper tops, unmounted camper shells, vessels not on trailers, boats, trailers, or any part of any of the listed items for a period of time in excess of seventy-two (72) consecutive hours, except as specifically provided herein; j. Any of the following when located in the front or side yard and visible from public right- of-way: boxes, cargo containers, storage containers, containers, or dumpsters, in excess of seventy-two (72) consecutive hours, or for more than two (2) occasions in a calendar year, except as otherwise permitted by this code, or when engaged in ongoing construction activity, pursuant to an active building permit; k. Any storage unit or shed in the front or• side yard and visible from a public right-of way; 1. On residentially zoned property, any business or activity which dismantles, disassembles, builds, remodels, assembles, crushes, repairs, paints, washes, cleans or services motor vehicles, aircraft, motorcycles, recreational vehicles, boats or trailers owned by a person other than the property owner; m. Any tent, temporary shelter, car canopy, or collapsible structure in the front or side yard and visible from a public right-of--way for a period in excess of seventy-two (72) hours or for more than two (2) occasions in a calendar year; n. Any use of a parking lot, driveway, carport, or parking structure for other than vehicular parking, ingress and egress, except as expressly authorized by permit; o. Any fence, or other structure installed on or upon any public property, including structures within the public right-of--way, except as authorized by permit; p. The use of outdoor barbecues or other methods of cooking food outdoors to be sold is prohibited, except as expressly authorized by a festival permit or a permit issued pursuant to Town of Los Gatos Municipal Code. q. The parking or storage of vehicles on landscaped surfaces or unpaved surfaces. r. The parking or storage of inoperable vehicles on residentially-zoned properties when visible from a public sidewalk, street, or thoroughfare. s. Any construction, demolition or remodeling activity to the exterior of a structure which is not completed within eighteen (18) months of commencement. Section 30.10.040 Sign Enforcement. No person or owner shall erect or permit a sign to be located outside of a building or business, unless authorized by aTown-issued permit. The term "sign" shall include "A-frame" signs, sandwich boards, banners, or any other type ofoff-premise sign located anywhere outside the building. The area "outside" a business includes doorways, walkways, sidewalks, and driveways leading toward the entrance of a business. Section 30.10.050 Merchandise. No business establishment shall maintain or allow any display of merchandise outside their building without aTown-issued permit. A "display" includes but is not limited to a clothes rack, table with merchandise, or any other physical structure that may block the public right-of=way. Sec. 30.10.060 Penalty for Violations. Violation of this Chapter shall be a misdemeanor unless charged as an infraction. Each day a violation occurs or continues may be charged as and punishable as a separate offense. Sec. 30.10.070 Severability. In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force and effect. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 20_ 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 _ 20_ 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 ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ae~ b~z~o4