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HomeMy WebLinkAbout38.118 ORDINANCE NO. 3 8.118 ~ AN ORDINANCE OF THE CITY OF SARATOGA REPEALING CERTAIN SECTIONS OF CHAPTER ] PERTAINING TO CODE ENFORCEMENT AND ADDING A NEW CHAPTER 2.5 PERTAINING TO THE ENFORCEMENT OF CODE AND ORDINANCE PRO~IONS The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Sections 1-7, 1-7.1, 1-7.2, 1-7.3, 1-7.4, 1-7.4-1, 1-7.4-2, 1-7.5, 1-8, 1-9, 1- 10, and 1-11 of Chapter 1 of the Saratoga City Code are hereby repealed. SECTION 2: Chapter 2.5 is hereby added to the Saratoga City Code to read as follows: CHAPTER 2.5 ENFORCEMENT OF CODE AND ORDINANCE PROVISIONS ARTICLE I CRIMINAL ENFORCEMENT Sec. 2.5-1. Violations as Misdemeanors or Infractionsi Public Nuisances. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, shall be guilty of a misdemeanor, or an infraction if so designated. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, or permitted by such person, and shall be punishable accordingly. Where no specific penalty is provided therefor, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this Code shah be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one (1) year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one (1) year by a fine of not more than $500.00. 2/24/84 -1- In addition to the penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City in a summary action pursuant to Article II or Article III of this Chapter, or any civil action, and each day such condition continues shall be a new and separate offense. Sec. 2.5-2. Prohibited Acts. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. See. 2.5-3. Imposition of Penalty. The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose a punishment described. Sec. 2.5-4. Determination of Punishment. Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code. Sec. 2.5-5. Place of Confinement. Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the County Jail. Sec. 2.5-6. Authority to Arrest. Every officer and employee of the City having any duty to enforce any of the provisions of this Code or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, is hereby authorized, pursuant to California Penal Code ~ 836.5, to arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the presence of such officer or employee which is a violation of a provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, which such officer or employee has the duty to enforce. Sec. 2.5-7. Community Service Officers. Each Community Service Officer of the City shall have the duty of enforcing the provisions of this Code, the Subdivision Ordinance NS-60, the Zoning Ordinance NS-3, any other ordinance of the City, any rule, regulation or order promulgated or issued pursuant to this Code, and the provisions of any code adopted by reference by this Code. Whenever, under the provisions of this Code, a particular 2/24/84 -2- department head, officer or employee has been delegated a duty of enforcement of any provision of this Code, any other ordinance of the City, any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, such duty and responsibility is not revoked hereby but shall continue and be concurrent with the duty of each Community Service Officer. In enforcing the provisions of the Zoning Ordinance NS-3, each community service officer shall have the same power as given the zoning administrator by the provisions of Section 20.2 of Ordinance NS-3, and in enforcing the Subdivision Ordinance NS-60, each Community Service Officer shall have the same power as given the director of public works by virtue of Section 10ol of Ordinance NS-60. The City Council may, from time to time, by ordinance or resolution, add to, change or modify the duties of the Community Service Officers, and may create priorities of responsibility in relation to the particular department head, officer or employee who also may have a concurrent duty of enforcement under any particular provision of this Code, any other ordinance of the City, any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code. Sec. 2.5-8. Violations of Code~ Notice to Appear. If any person is arrested for a violation of any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, where such violation has been designated as an infraction, and such person is not immediately taken before a magistrate as prescribed by the California Penal Code, the arresting officer or employee shall prepare in duplicate a written notice to appear in court, containing the name and address of such person arrested, and the offense charged. The arresting officer or employee shall deliver one (1) copy of the notice to the arrested person, and the arrested person, in order to secure release, must give his written promise to appear in court by signing the duplicate notice which shall be retained by the arresting officer or employee. Thereupon the arresting officer or employee shall release the person arrested from custody. The arresting officer or employee shall, as soon as practicable, file the duplicate notice with the magistrate specified in such notice. If any person is arrested for a violation of any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, and such violation is designated as a misdemeanor, and such person is not immediately taken before a magistrate as prescribed by the California Penal Code, the arresting officer or employee shall prepare in duplicate a written notice to appear in court, containing the name and address of such person arrested, the offense charged, and the time and place where and when such person shall appear in court. The time specified in the notice to appear shall be at least ten (10) days after such arrest. The arresting officer or employee shall deliver one (1) copy of the notice to the arrested person, and the arrested person, in order to secure release, must give his written promise to appear in court by signing the duplicate notice which shall be retained by the arresting officer or employee. Thereupon the arresting officer or employee shall release the person arrested from custody. The arresting officer or employee shall, as soon as practicable, file the duplicate notice with the magistrate specified in such notice. 2/24/84 -3- Sec. 2.5-9. Payment of Costs of Abatement Required Prior to Probation of Defendant. Upon any guilty plea or judgment of conviction in any criminal proceeding brought for the violation of any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, wherein the City has or will incur costs and expenses in removing or abating a nuisance caused, committed or maintained by the defendant as a result of the violation of which such defendant is prosecuted, if the defendant is otherwise entitled by law to probation, then the court may require the payment to the City of such costs and expenses as one of the conditions of such probation. See. 2.5-10. Fees~ Charges~ Licenses and Taxes Made a Civil Debt. The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code. The remedy prescribed by this Section shah be cumulative and the use of a civil action to collect such an amount as a debt shall not bar the use of any other remedy provided by this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or by law, for the purpose of enforcing the provisions thereof. Sec. 2.5-11. Collection of Costs of Civil Action or Proceedings by the City. Wherever the City Attorney for the City is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or to enjoin or restrain any violation thereof, or otherwise to abate any public nuisance, or to collect any sums of money on behalf of the City which have or will become due by reason of any violation of any such code, ordinance, rule, regulation, order or code adopted by this Code, then the City shall be entitled to collect all the costs and expenses of the same, including, without limitation, reasonable attorney's fees and reasonable investigation costs, which shall be set by the court and made a part of any judgment in any such action or proceeding. ARTICLE II NOTICED NUISANCE ABATEMENT PROCEDURE Sec. 2.5-12. Authority. The provisions of this Article are adopted pursuant to the provisions of Section 38773.5 of the Government Code of the State of California. 2/24/84 -4- See. 2.5-13. Declaration of Nuisance. Whenever the City Council has declared by resolution or ordinance that a nuisance exists upon a parcel of land, the City Council may utilize the provisions of this Article to effect the abatement of such nuisance and to make the costs of such abatement a special assessment against the parcel upon which such nuisance exists. Sec. 2.5-14. Notices: Posting. After the passage of a resolution or ordinance declaring the existence of a nuisance upon a parcel of land, the Director of Community Development shall cause notices to be conspicuously posted on the property on which the nuisance exists as follows: (a) One notice on each separately owned parcel of property of not over fifty feet (50') frontage; or (b) Not more than two (2) notices on any parcel over fifty feet (50') frontage but less than one hundred feet (100') frontage; or (c) Notices not more than one hundred feet (100') apart if the frontage of a parcel is greater than one hundred feet (100'). Such notices shall be posted at least fifteen (15) days prior to the time for hearing by the City Council of objections to the proposed abatement of the nuisance. Sec. 2.5-15. Notices: Form. The notice required by Section 2.5-14 shall be substantially in the following form: NOTICE TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on , 19 , the City Council of the City of Saratoga declared a public n~isance to exist on the property described as: The condition(s) constituting such public nuisance and the action(s) to be taken for abatement thereof are as follows: Condition Corrective Action Upon failure to abate such public nuisance through the corrective actions described herein, the nuisance will be abated by the City of 2/24/84 -5- Saratoga and all costs of abatement will be assessed against the property on which the nuisance exists and will constitute a special assessment upon and against such property until paid, said assessment to be collected at the same time and in the same manner as ordinary municipal taxes. A copy of the declaration of nuisance by the City Council is on file in the Office of the Saratoga City Clerk. Any property owner objecting to the proposed abatement by the City of Saratoga is hereby notified to attend a meeting of the City Council of the City of Saratoga to be held on , 19 , commencing at 7 p.m., at the Saratoga City Hall, 13777 Fruitvale Avenue, Saratoga, California, when their objections will be heard and given due consideration. Dated this . day of ,19 Director of Community Development City of Saratoga Sec. 2.5-16. Notices: Publication and Mailing. In addition to posting the notice required by Section 2.5-15, the City Council shall direct the City Clerk to publish such notice once in a newspaper of general circulation in the City and to mail written notice of the proposed abatement to each owner of the property described in the notice, as shown by the latest equalized municipal assessment roll available on the date of mailing. The notice shall be published and mailed by the City Clerk at least fifteen (15) days prior to the time for hearing by the City Council of objections to the proposed abatement of the nuisance. The notice published and mailed by the City Clerk shall be substantially in the form set forth in Section 2.5-15, except that such notice shall be signed by the City Clerk. See. 2.5-17. Hearings. At the time stated in the notice set forth in Section 2.5-]5, the City Council shall hear and consider all the objections to the proposed abatement of the nuisance. The hearing may be continued from time to time. Sec. 2.5-18. Decision by City Council. At the conclusion of the hearing provided for in Section 2.5-17, the City Council shall allow or overrule any objections to the proposed abatement. If no objections have been made at the hearing or the City Council has overruled those made, the City Council shall, by resolution, order the Director of Community Development to abate the nuisance. 2/24/84 -6- Sec. 2.5-19. Abatement Work. The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The Director of Community Development and his authorized representatives and contractors may enter upon private property as may be necessary or appropriate in order to abate the nuisance declared to exist upon such property. Prior to commencement of the abatement work by or on behalf of the City, the property owner may abate the nuisance at his or her own expense. Sec. 2.5-20. Report of Costs. The Director of Community Development shall keep an accurate account of the abatement costs incurred by the City, including attorney's fees. Such account shall indicate, where appropriate, the costs attributable to each separate parcel of land upon which the abatement work is performed. Following completion of all abatement work, the Director of Community Development shall prepare a final itemized written report showing the total abatement costs and he shall submit such report for confirmation by the City Council at its next available regular meeting after the notice period set forth herein. At least ten (10) days prior to the date of such meeting, a copy of the report together with a written notice of the date on which the same shall be considered by the City Council shall be mailed to the persons to whom notice was mailed pursuant to Section 2.5-16 and a copy thereof shall also be posted at City Hall. Sec. 2.5-21. Hearing: Confirmation of Report of Costs. At the time fixed for considering the report of costs provided for in Section 2.5-20, the City Council shall hear any objections of the owners of the property to be assessed for the abatement costs. The City Council may modify the report if deemed necessary. The City Council may then, by resolution, confirm the report as submitted or modified. Sec. 2.5-22. Payment of Abatement Costs. The Director of Community Development may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report by the City Council pursuant to Section 2.5-21 and prior to the filing of such report with the County Tax Collector pursuant to Section 2.5-23. Sec. 2.5-23. Filing Report with County Tax Collector: Collection of Assessment. After the City Council has confirmed the report of costs to abate the nuisance declared to exist upon a parcel of land, and if such costs have not been paid in full, the City Clerk shall transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against such parcel. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. 2/24/84 -7- Sec. 2.5-24. Taxes Paid in Error: Refunds: Claims. The City Council may order refunded all or any part of a tax paid pursuant to the provisions of this Article if the City Council finds that all or any part of the tax has been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or his guardian, executor, or administrator. ARTICLE llI EMERGENCY NUISANCE ABATEMENT PROCEDURE Sec. 2.5-25. Authority. The provisions of this Article are adopted pursuant to the provisions of Article 6 (commencing with Section 38771) of Chapter l0 of Part 2 of Division 3 of Title 4 of the Government Code of the State of California. Sec. 2.5-26. Nuisance Declared. Any encroachment upon, or obstruction in or to, any public sidewalk, street, alley, lane, court, park, trail or easement, or other public place, shall constitute and is hereby declared to be a nuisance. See. 2.5-27. Alternate Procedure. This Article constitutes an alternate procedure to Article II of this Chapter for abatement of a nuisance and for assessment of the abatement costs against the property on which such nuisance is maintained or from which such nuisance extends. Sec. 2.5-28. Abatement by Director of Community Development. If, in the opinion of the Director of Community Development, any nuisance, as defined in Section 2.5-26, constitutes an immediate hazard to the public health, safety or welfare or materially interferes with public travel or passage, the Director of Community Development may abate such nuisance. The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The Director of Community Development and his authorized representatives and contractors may enter upon private property as may be necessary or appropriate in order to perform the abatement work. See. 2.5-29. Report of Costs. The Director of Community Development shall keep an accurate account of the abatement costs incurred by the City, including attorneys' fees. Such account shall indicate, where appropriate, the costs attributable to each separate parcel of land upon which the abatement work is performed. Following completion of all abatement work, the Director of Community Development shall prepare a final itemized written report showing the total abatement costs and he shall submit such report to the City Clerk. The City Clerk shall thereupon schedule the matter for hearing by the City Council at its next available regular meeting after the notice period set forth in Sections 2.5-30 and 2.5-32. 2/24/84 -8- Dated this day of ,19 Director of Community Development City of Saratoga See. 2.5-32. Notices: Publication and Mailing. In addition to posting the notice required by Section 2.5-30, the City Clerk shall publish such notice once in a newspaper of general circulation in the City, and mail such notice to each owner of the property described in the notice, as shown by the latest equalized municipal assessment roll available on the date of mailing. The notice shall be published and mailed by the City Clerk at least fifteen (15) days prior to the time for hearing by the City Council of the objections to the proposed assessment. The notice published and mailed by the City Clerk shall be substantially in the form set forth in Section 2.5-31, except that such notice shall be signed by the City Clerk. See. 2.5-33. Hearings. At the time stated in the notice set forth in Section 2.5-31, the City Council shall receive and consider the report of costs provided for in Section 2.5-29 and shall hear any objections of the owners of the property to be assessed for the abatement costs. The City Council may modify the report if deemed necessary. The hearing may be continued from time to time. Sec. 2.5-34. Decision by City Council. At the conclusion of the hearing provided for in Section 2.5-33, the City Council shall allow or overrule any objections to the proposed assessment. If no objections have been made at the hearing or the City Council has overruled those made, the City Council shall, by resolution, confirm the report of costs as submitted or modified. Sec. 2.5-35. Payment of Abatement Costs. The Director of Community Development may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report by the City Council pursuant to Section 2.5-34 and prior to the filing of such report with the County Tax CoLlector pursuant to Section 2.5-36. See. 2.5-36. Filing Report with County Tax CoLlector: Collection of Assessment. After the City Council has confirmed the report of costs to abate the nuisance, and if such costs have not been paid in full, the City Clerk shall transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against the property on which the nuisance was maintained or from which said 2/24/84 -10- See. 2.5-30. Notices: Posting. At. the time he submits the report of costs to the City Clerk, the Director of Community Development shall also cause notices to be conspicuously posted on the property on which the abated nuisance existed or from which the abated nuisance extended as follows: (a) One notice on each separately owned parcel of property of not over fifty feet (50') frontage; or (b) Not more than two (2) notices on any parcel over fifty feet (50') frontage but less than one hundred feet (100') frontage; or (c) Notices not more than one hundred feet (100') apart if the frontage of a parcel is greater than one hundred feet (100'). Such notices shall be posted at ]east fifteen (15) days prior to the time for hearing by the City Council of objections to the proposed assessment. See. 2.5-3]. Notices: Form. The notice required by Section 2.5-30 shall be substantially in the following form: NOTICE OF ABATEMENT OF NUISANCE AND FIXING OF SPECIAL ASSESSMENT NOTICE IS HEREBY GIVEN that the City of Saratoga has caused to be removed from a public place, certain encroachments thereon or obstructions therein described as which constituted a public nuisance. An itemized written report showing the costs of such removal is on file in the office of the City Clerk. Reference is hereby made to such report for further particulars. It is the intention of the City Council of the City of Saratoga to make the costs of such removal a special assessment against the property on which said nuisance was maintained or from which said nuisance extended, said assessment to be collected at the same time and in the same manner as ordinary municipal taxes. The property to be assessed is described as follows: Any property owner objecting to the proposed special assessment is hereby notified to attend a meeting of the City Council of the City of Saratoga to be held on ., 19 ., commencing at 7 p.m., at the Saratoga City Hall, 13777 Fruitvale, Saratoga, California, when their objections will be heard and given due consideration. 2/24/84 -9- nuisance extended. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. See. 2.5-37. Taxes Paid in Error: Refunds: Claims. The City Council may order refunded all or any part of a tax paid pursuant to the provisions of this Article if the City Council finds that all or any part of the tax has been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or his guardian, executor or administrator. SECTION 3: 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 City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this 21st day of March , 1984, by the following vote: AYES: Councilmembers Callon, Clevenger, Fanelli, Mallory and Mayor FDyles NOES: None ABSENT :None ATTEST: CITY CLERK The above and foregoing is a true and correct cop',.., of Ordieiance 5~i/,r which has been ' Depu;y ~,ity Ci~rk~ ' ' Date 2/24/84 -11-