Ord 1413 - ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONSORDINANCE NO. 1413
AN ORDINANCE OF THE TOWN OF LOS GATOS
ESTABLISHING FLOOD DAMAGE PREVENTION
REGULATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE AND OBJECTIVES
SEC. 1.1 STATUTORY AUTHORIZATION
The Legislature of the State of California has in its Government Code
and Health and Safety Code delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the Town Council of the
Town of Los Gatos does ordain as follows:
SEC. 1.2. FINDINGS OF FACT
(1) The flood hazard areas of the Town of Los Gatos are subject to
periodic inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general
welfare.
(2) These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that are
inadequately f loodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
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SEC. 1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety,
and general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
(7) To insure that potential buyers are notified that property is in
an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
SEC. 1.4. METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance includes methods
and provisions for:
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(1) Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have in
common usage and to give this ordinance its most reasonable application.
" Appeal " means a request for a review of the Director of Public Works
interpretation of any provision of this ordinance or a request for a
variance.
" Area of shallow flooding means a designated AO or VO Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three
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feet; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident.
" Area of special flood hazard means the land in the flood plain within a
community subject to a one per cent or greater chance of flooding in any
given year.
" Base flood means the flood having a one per cent chance of being equalled
or exceeded in any given year.
" Development " means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations located within
the area of special flood hazard.
" Existing mobile home park or mobile home subdivision means a parcel (or
contiguous parcels) of land divided into two or more mobile home lots for
rent or sale for which the construction of facilities for servicing the lot
on which the mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring of
concrete pads, and the construction of streets) is completed before the
effective date of this ordinance.
" Expansion to an existing mobile home park or mobile home subdivision means
the preparation of additional sites by the construction of facilities for
servicing the lots on which the mobile homes are to be affixed (including
the installation of utilities, either final site grading or pouring of
concrete pads, or the construction of streets).
"Fl or "flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and /or
(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
" Flood Insurance Rate Map" (FIRM means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
" Flood Insurance Study means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Boundary -
Floodway Map, and the water surface elevation of the base flood.
" Floodway " means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
41 Habitable floor" means any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable floor ".
"Mobile home" means a structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without a
permanent foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
" New construction means structures for which the itstart of constructions'
commenced on or after the effective date of this ordinance.
11 New mobile home park or mobile home subdivision means a parcel (or
contiguous parcels) of land divided into two or more mobile home lots for
rent or sale for which the - , construction of facilities for servicing the lot
(including, at a minimum, the installation of utilities, either final site
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grading or the pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this ordinance.
" Start of construction means the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring of
slabs or footings or any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as clearing, grading,
and filling, nor does it include the installation of streets and /or walkways;
nor does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not as part of the main structure. For a structure
(other than a mobile home) without a basement or poured footings, the "start
of construction" includes the first permanent framing or assembly of the
structure or any part thereof on its piling or foundation. For mobile homes
not within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home subdivisions,
"start of construction" is the date on which the construction of facilities.
for servicing the site on which the mobile home is to affixed (including,
at a minimum, the construction of streets, either final site grading or
the pouring of concrete pads, and installation of utilities) is completed.
" Structure " means a walled and roofed building or mobile home that is
principally above ground.
" Substantial improvement means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50 per cent of the market
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value of the structure either:
(1) Before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition
"substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration affects
the external dimensions of the structure.
The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions, or
(2) Any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
" Variance " means a grant of relief from the requirements of this ordinance
which permits construction in a manner that would otherwise be prohibited
by this ordinance.
SECTION 3.0
GENERAL PROVISIONS
SEC. 3.1 LANDS TO WHICH THIS ORDINANCE APP LIES.
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the Town of Los Gatos,
SEC. 3.2. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood
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Insurance Study for the Town of Los Gatos, California," dated July, 1978,
with accompanying Flood Insurance Rate Maps is hereby adopted by reference
and declared to be a part of this ordinance. The Flood Insurance Study is
on file at the Office of the Director of Public Works, Town of Los Gatos,
110 E. Main Street, Los Gatos, California 95030.
SEC. 3.3 COMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this ordinance
and other applicable regulations.
SEC. 3.4. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
ordinance and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
SEC., 3.5. INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under
state statutes.
SEC. 3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man -made or natural causes. This ordinance
does not imply that land outside the areas of special flood hazards or
uses permitted, within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the Town of Los
Gatos, any officer or employee thereof, or the Federal Insurance Administration,
for any flood damages that result in reliance on this ordinance or any
administrative decision lawfully made thereunder.
SECTION 4.0
ADMINISTRATION
SEC. 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or development
begins within any area of special flood hazard established in Section 3.2.
Application for a Development Permit shall be made on forms furnished by
the Director of Public Works and may include, but not be limited to, plans
in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure
has been floodproofed;
(3) Certification by a registered professional engineer or architect
that the f loodproofing methods for any nonresidential structure meet
the floodproof ing criteria in Section 5.2 -2; and
(4) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
SEC. 4.2 DESIGNATION OF THE DIRECTOR OF PUBLIC WORKS
The Director of Public Works is hereby appointed to administer and
implement this ordinance by granting or denying development permit applications
in accordance with its provisions.
SEC. 4.3 DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PUBLIC WORKS
Duties of the Director of Public Works shall include, but not be
limited to:
SEC. 4.3 -1
PERMIT REVIEW
(1) Review all development permits to determine that the permit
requirements of this ordinance have been satisfied.
(2) Review all development permits to determine that all necessary permits
have been obtained from those Federal, state or local governmental
agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed
development adversely affects the flood - carrying capacity of the
area of special flood hazard. For purposes of this ordinance,
"adversely affects" means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the
base flood more than one foot at any point.
SEC. 4.3 -2. USE OF OTHER BASE FLOOD DATA.
When base flood elevation data has not been provided in accordance with
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Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the
Director of Public Works shall obtain, review, and reasonably utilize any
base flood elevation data available from a Federal, state or other source,
in order to administer Sections 5.2 -1, SPECIFIC STANDARDS, Residential
Construction, and 5.2 -2, SPECIFIC STANDARDS, Nonresidential Construction.
SEC. 4.3. -3 . INFORMATION TO BE OBTAINED AND MAINTAINED.
(1) Obtain and record the actual elevation (in relation to mean sea
level) of the lowest habitable floor (including basement) of all
new or substantially improved structures.
(2) For all new or substantially improved f loodproofed structures:
(i) Verify and record the actual elevation (in relation to
mean sea level), and
(ii) Maintain the flood proofing certifications required in Section
4.1(3).
(3) Maintain for public inspection all records pertaining to the
provisions of this ordinance.
SEC. 4.3 -4. ALTERATION OF WATER COURSES.
(1) Notify adjacent communities and the State of California Department of
Water Resources prior to any alteration or relocation of a water -
course, and submit evidence of such notification to the Federal
Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood - carrying capacity is
not diminished.
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SEC. 4.3 - 5. INTERPRETATION OF FIRM BOUNDARIES.
Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions). The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided
in Section 4.4.
SEC. 4.4. VARIANCE PROCEDURE
SEC. 4.4 -1 APPEAL BOARD
(1) The Town Council shall hear and decide appeals and requests for
variances from the requirements of this ordinance.
(2) The Town Council shall hear and decide appeals when it is alleged
there is an error in any requirements, decision, or determination
made by the Director of Public Works in the enforcement or
administration of this ordinance.
(3) Those aggrieved by the decision of the Town Council, or any
taxpayer, may appeal such decision to the appropriate state court.
(4) In passing upon such applications, the Town Council shall consider
all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and:
(i) The danger that materials may be swept onto other lands to
the injury of others;
(ii) The danger to life and property due to flooding or erosion
damage;
(iii) The susceptibility of the proposed facility and its contents
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to flood damage and the effect of such damage on the
individual owner;
(iv) The importance of the services provided by the proposed
facility to the community;
(v) The necessity to the facility of a waterfront location,
where applicable;
(vi) The availability of alternative locations, for the proposed
use which are not subject to flooding or erosion damage;
(vii) The compatibility of the proposed use with existing and
anticipated development;
(viii) The relationship of the proposed use to the comprehensive
plan and flood plain management program for that area;
(ix) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(x) The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and
(xi) The costs of providing governmental services during and
after flood conditions, including maintenance and repair of
public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(5) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one -half acre
or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items
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(i -xi) in Section 4.4 -1(4) have been fully considered. As the
lot size increases beyond the one -half acre, the technical
justification required for issuing tl variance increases.
(6) upon consideration of the factors of Section 4.4 -1(4) and the
purposes of this ordinance, the Town Council may attach such
conditions to the granting of variances as it deems necessary to
further the purposes of this ordinance.
(7) The Director of Public Works shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration upon request.
SEC. 4.4 -2. CONDITIONS FOR VARIANCES
(1) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of
Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this section.
(2) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge
would result.
(3) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering-the flood hazard,
to afford relief.
(4) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
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(iii) A determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as identified
in Section 4.1-4(4), or conflict with existing local laws or
ordinances.
(5) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a
lowest floor elevation below the base flood elevation and that the
cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
SECTION 5.0
PROVISIONS FOR FLOOD
HAZARD REDUCTION
SEC. 5.1. GENERAL STANDARDS.
In all areas of special flood hazards the following standards are
required:
SEC. 5.1-1. ANCHORING.
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(2) All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top and frame ties to
ground anchors. Specific requirements shall be that:
(i) Over-the-top ties be provided at each of the four corners
of the mobile home,, with two additional ties per side at
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intermediate locations, with mobile homes less than 50 feet
long requiring one additional tie per side;
(ii) Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile
homes less than 50 feet long requiring four additional ties
per side;
(iii) All components of the anchoring system be capable of carrying
a force of 4,800 pounds; and
(iv) Any additions to the mobile home be similarly anchored.
SEC. 5.1 -2 CONSTRUCTION MATERIALS A ND METHODS.
(1) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
SEC. 5.1 -3 . UTILITIES.
(1) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(2) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system
and discharge from the systems into flood waters; and
(3) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
SEC. 5.1 -4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need to
minimize flood damage;
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(2) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or 5
acres (whichever is less).
SEC. 5.2. SPECIFIC STANDARDS (Unnumbered A Zones and Zones A- 1 -30
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD or Section 4.3 -2, USE OF OTHER BASE FLOOD DATA, the
following provisions are required:
SEC. 5.2 -1. RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to or above base
flood elevation.
SEC. 5.2 -2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest
floor, including basement, elevated to the level of the base flood elevation;
or
together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
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water;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect
that the standards of this subsection are satisfied. Such
certifications shall be provided to the official as set forth in
Section 4.3 -3(2).
SEC. 5.2 -3.
MOBILE HOMES
(1) Mobile homes shall be anchored in accordance with Section 5.1-1(2).
(2) For new mobile home parks and mobile home subdivisions; for
expansions to existing mobile home parks and mobile home
subdivisions; for existing mobile home parks and mobile home
subdivisions where the repair, reconstruction or improvement of
the streets, utilities and pads equals or exceeds 50 per cent of
value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and for mobile homes
not placed in a mobile home park or mobile home subdivision,
require that:
(i) Stands or lots are elevated on compacted fill or on pilings
so that the lowest floor of the mobile home will be at or
above the base flood level;
(ii) Adequate surface drainage and access for a hauler are provided;
and
(iii) In the instance of elevation on pilings, that:
Lots are large enough to permit steps,
Piling foundations are placed in stable soil no more
than ten feet apart, and
Reinforcement is provided for pilings more than six
feet above the ground level.
(3) No mobile home shall be placed in a f loodway, except in an
existing mobile home park or existing mobile home subdivision.
SEC. 5.3 SPECIFIC STANDARDS (ZONE AO)
In all areas of special flood hazards designated in the FIRM as
Zone A0, the following provisions are required:
SEC. 5.3 -1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential
structure shall have the lowest floor (including basement) elevated above
the crown of the nearest street to or above the depth number specified
on the FIRM.
SEC. 5.3 -2. NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest
floor (including basement) elevated above the crown of the nearest street
to or above the depth number specified on the FIRM, or
(1) Be f loodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(2) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
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(3) Be certified by a registered professional engineer or architect
that the standards of this subsection are satisfied. Such
certifications shall be provided to the official as set forth
in Section 4.3 ®3(2).
SEC. 5.4 FLOODWAYS
Located within areas of special flood hazard established in Section
3.2 are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions
apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless certification
by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
(2) If Section 5.3(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood
hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD
HAZARD REDUCTION.
(3) Prohibit the placement of any mobile homes, except in an existing
mobile home park or existing mobile home subdivision.
SEC. 5.5. ENFORCEMENT AND PENALTIES
SEC. 5.5 -1. PROHIBITION.
No official or employees of the Town shall issue any permit, or
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license, nor grant final approval for any use, building, structure or
subdivision which would not conform to the provisions of this Ordinance
or any approval granted under the provisions of this ordinance. Any
permit, license or final approval issued by the Town in conflict with
the provisions of this ordinance is void.
SEC. 5.5 -2 ENFORCEMENT
All officers and employees of the Town shall report violations of
this ordinance to the Director of Public Works, who shall enforce this
ordinance.
SEC. 5.5 -3. VIOLATION MISDEMEANOR
Any person, firm or corporation, whether as principal, agent, employee
or otherwise, violating any of the provisions of this ordinance is guilty
of a misdemeanor, and, upon conviction thereof, shall be punishable by a
fine of not more than $500.00, or by imprisonment in the County jail for
a term not exceeding six months, or by both such fine and imprisonment.
Such person, firm or corporation shall be deemed to be guilty of a separate
offense for each and every day during any portion of which any violation
of this ordinance is committed, continued or permitted by such person, firm
or corporation, and shall be punishable as herein provided.
SEC. 5.5 -4 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held by a court of competent jurisdiction to
be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance. The Council hereby declares
that it would have passed this ordinance and each section, subsection,
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sentence, clause and phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be
declared invalid or unconstitutional.
This ordinance takes effect 30 days after the date 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 December 4 , 19 78 , and adopted by
the following vote as an ordinance of the Town of Los Gatos at a regular
meeting of the Town Council on December 18 9 19 78 ,
AYES: COUNCIL MEMBERS Ruth cannon, Thomas J. Ferrito,
John B . Lochner, Peter W. Siemens and Mardi Gualtieri.
NOES: COUNCIL MEMBERS None.
ABSTAIN: COUNCIL MEMBERS None.
ABSENT: COUNCIL MEMBERS None.
SIGNED:
or of the Town of Los Ga
ATTEST:
ASSIST. Clerk of the Town of Lo Gatos
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