Loading...
11 - Chapter 30 Los Gatos Town Code - "Neighborhood Preservation",~pW N pF ~.~„~ io~'.GA~os _ COUNCIL .AGENDA REPORT DATE: May 26, 2010 MEETING DATE: 6/7/2010 ITEM NO: TO: MAYOR AND TOWN COUNCIL FROM: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNE SUBJECT: ..ADOPT AN ORDINANCE ADDING A NEW CHAPTER 30 TO THE LOS GATOS TOWN CODE ENTITLED "NEIGHBORHOOD PRESERVATION" RECOMMENDATION: Adopt AN ORDINANCE ADDING A NEW CHAPTER 30 TO THE LOS GATOS TOWN CODE ENTITLED "NEIGHBORHOOD PRESERVATION" BACKGROUND: The proposed ordinance adds a new chapter to the Town Code and lists many of the more common building and zoning code violations. It will provide both our property owners and residents 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. DISCUSSION: On May 17, 2010, the Town Council considered the proposed Neighborhood Preservation ordinance. Town Council voted unanimously in favor of the ordinance. Adoption of the attached ordinance finalizes that decision. The ordinance would become effective 30 days thereafter. Attachment: Ordinance introduced May 17, 2010 PREPARED BY: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNEY N:\ATYUZesos & Ords\Staff Reports\Adopt Neighbod~ood Preservation.doc R Reviewed by: own Manager Assistant Town Manager Clerk Administrator Finance Community Development THIS PAGE INTENTIONALLY LEl+ T BLANK 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 s11a11 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 districts, and industrial properties, and to prevent the iinpaii7nent of property values. Sec. 30.10.020 Definitions. For the purposes of this chapter,. the following words and phrases shall have the meanings respectively ascribed to them by this section. A. Fig^e Mai^shal. The Santa Clara County Fire Marshal or his or her designee. B. To1~~n E~zgi~zeer. 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. Ow~2e~. Any person owning, occupying, leasing, or otherwise having control of real property or uses thereon; E. Owne~^ of the vehicle. The registered owner and legal owner of record of the subject vehicle. 1 F. Per°sor2. Any natural person, fii-~n, 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 may be 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 Property. 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, vei-~nin, mosquitoes, and other pests; a Garbage, refuse, trash, debris or waste, except as stored in accordance with the provisions of Chapter, l 1 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 lodger than ten (10) days; £ 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 ~kee~ing of chemicals or motor oil. (8) Refi•igerators 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 ofthe following when located in the front 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, umnouiited campers, unmounted camper tops, umnounted 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 publicright- 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 uivt or shed in the front yard or in the 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 publicright-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, Any construction, demolition or remodeling activity to the exterior of a structure which is not completed within eighteen (18) months of corrunencement. 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 establislunent 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 maybe charged as and punishable as a separate offense. Sec. 30.10.070 Severability. In the event that any part of this ordinance is 11e1d to be invalid, the invalid part or parts shall be severed from the remaining, portions which shall remain in full force and effect. 4 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 Rev: 6/2/04 5 THIS PAGE INTENTIONALLY LEFT BLANK