HomeMy WebLinkAbout38.47 ORDINANCE NO. 38.47
AN ORDINANCE OF THE CITY OF ~ SARATOGA AMENDING
CHAPTER 1 OFTHE SARATOGA CiTY CODE AND
PROVIDING FOR HEARINGS ON SUMMARY NUISANCE
ABATEMENT CAUSING PROPERTY DAMAGE.
· The City Coun~il.lof the City of Saratoga does hereby
ordain as follows:
Section i: There is hereby added to Chapter 1 of th~
'Saratoga City Code the following sections
and subsections, t6 read as follows:
Section 1-7.4. Hearinglon Nuisance Abatement~
Whenever the s,,mmary abatement of any building,
structure, use or condition of property as a public
nuisance will include the .damage or destruction of
private property, in any ease where there are no other
notice and hearing procedures otherwise provided by
law, prior to such~abatement the following processes
shall be followed:
(a) ,The City Council, or such subordinate officer,
· committee, or tribunal thereof as may be
authorized or delegated by such Council, shall
'-hold a2.hea~ingiopen~to the~publi~ at which hearing
evidence may be received as to whether or not
the building, structure, use or condition
constitutes a public nuisance, whether by
reason of ordinance or code violation, viola-
tion of State statute, or otherwise, and as
to the proposed method of abatement, and
.(b) The City Clerk shall give notice.:of said hear-
ing at least 7 days prior thereto,.either
personally or'~'yregistered or certified mail,
to the owner or reputed owner of such property,
to the address of said owner as shown on the
'~latest.adopted tax rol~of Santa Clara County;
~' and in the event such abatement will include
damage or destruction of real property, in
addition to the foregging, by posting,a copy
of such notice in a .conspicuous place on said
real property at least five days prior to said
hearing. The notice Shall set.forth the time,
place and purpose ~f the hearing,.an~ ~ general
I d
statement of the violation or con ition in
question, and may refer to files or documents
on file with ~he City Clerk for details~ No
notice shall.be required to be given tQ any
person wh~'hasactual notice of any such hearing.
-1-
Section 1-7.4-1. Nuisance AbatementI- Same
Compliance with the foregoing provisions of
notice and hearing prior to abatement shall not be
required in any of the following-cases:
(a) In any emergency situatfon, wh&re the 8Clay:to
be occasioned thereby would be imminently
dangerous to public health, safety or welfare;.
(b) To any summary abatement that does not cause
more than nominal damage or destruction to
property;
(c) Where proCedUres for notice and hearing as
to the particular building, structure, use,
or condition are otherwise provided for by
law, and are substantially complied with;
(d') In any situation where in fact reasonable
notice and a reasonable opportunity for hear-
ing has been given prior to the abatement
which causes such d~mage or destruction to
property;
(e) Wherever such damage or destruction of'property
is pursuant to an order, judgment or decree
of a court of competent jurisdiction.
' Section 2: If any se~ti6d, ~ubse~tio~,~ s~ntence,
clause or phrase of this ordinance is
for any reason held by a court of competent jurisdictidn to
be invalid, 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, sentences, clauses or phrases be held
invalid or unconstitutional. .
Section 3: This ordinance shall take e[fect and be
in full force and effect thirty (30) days
after ~he date of its passage and adoption.
This ordinance was regularly introduced andafter
the waiting time required by law was thereafter passed and
adopted at aregular meeting ofthe-C.!ty COuncil of the City of
Saratoga held on the 1st day of Marcb , 1972,.by the
following vote:
AYES: Councilmen R~b_~bins, Smith, Dwyer, Sanders, Bridges '-
ABS N ~~.,! ~~ .
~~ ~. ~ p~i,~.~ according to law.