HomeMy WebLinkAbout38.9 ORDINANCE NO. 38°9
ORDINAlICE OF THE CITY OF SARATOGA ~/~NDING THE
SARATOGA CITY CODE BY ADDING Sb~3SECTIONS 1-7oi,
1-7.2 and 1-7.3 THERETO F~ELATING TO RECOVERY OF
COSTS, EXPENSES AND ATTOR~rEYS FEES INCURRED IN
ABATING VIOLATIONS
The City Council of the City of Saratcga does ordain as follows:
~ction__l: The Saratoga City Code is hereby amended by adding
the following subsections to Section 1-7 of Chapter 1
of said Code~ to read as follows:
Section 1-7o1: I'Venever under any provision of this Code or
any other law or ordinance of the City, the City
or any officer, agents employee or Board thereof is empowered
to remove or abate a public nuisance, (regardless of whether
such public nuisance is such by reason of a violation of any
Code or ordinance provision, or is otherwise a public nuisance)~
all costs and expenses incurred by City in taking steps to remove
or abate the san~ shall be a lien against the property on which
such nuisance is maintained, and on all property in the City of
the person or persons creatings causing, committing or maintain-
ing such nuisance, and shall be a personal obligation of the
person or persons creatings causing, committing or maintaining
such nuisance, and such costs and expenses shall include reason-
able attorneys fees incurred by City. The above-referred to liens
shall attach imn~diately on the co~encement of the work of removal
or abatement, without notice; the City may however give notice
of any such lien by the reeordation with the County Recorder of
Santa Clara County of a Notice of Lien containing a statement of
the general nature of the work done or to be dones the estimated
or actual cost thereof, and the name or names of the persons against
whose property the lien lies. Such liens and the personal obli-
/ gation of the person or potsons creating, causing, co~mnitting or
' maintaining any such nuisances may be enforced by a civil action
brought in the name of City in any court of competent ]urisdication.
Sectio~ 1-7.2: Upon any guilty plea or judgment of conviction
in any criminal proceeding brought for the
violation ef any provisign of this Code or any other ordinance of
the City~ wherein City has or will incur costs and expenses in
removing or abering a nuisance caused, committed, or maintained
by the defendant as a result of the violation for which said
defendant is prosecuted, if the defendant is otherwise entitled
by law to probations then the court may require the pavement to
City of such costs and expenses as one of the conditions of such
probation.
~ec~ion 1-7.~: Wherever~the City Attorney of this City is
authorized or directed to conenonce or sustain
any civil action or proceeding, e~ther at law or in equity, to
enforce any of the provisions of this Code or of any other
ordinance of this Citys or to enjoin or restrain any violation
thereof, or otherwise to abate any public nuisances or to collect
any sums of money on behalf of City which have or will become
due by reason of any violation of any such Code or ordinance
provisions then City shall be entlt]ed to collect all costs and
expenses of the same includings without limitation, reasonable
attorneys fees and reasonable investigation costs, which shall
be set by the court and made a part of any judgment in any such
action or proceedings.
S~cti~__2: If any section, subsactions sentence, clause or phrase
of this ordinance is for any reason held by a couzt of
competent jurisdiction to be invalid, such decision shall not affect
the validity of the remaininE portions of this ordinance. The City
Council of the City of Saratoga hereby declares that it would have
passed this ordinance and each scction~ 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°
This ordinance was regularly introduced and after the waiting time
required by law was thereafter passed and adopted on the l%th day of
, JanUa~ , 1966~ by the following vote:
AYES: Councilmen Glennon, Hartman~ Tyler, Burry
NOES: Councilman Drake
ABSENT: none ~~ V~/~
MAYOR
- ~ ~ f~; .... dIfY CLERK
The above and foregoin is a true and correct
r' ~
copy of ,.!rdinance which has b~en
publishe!.f according to law.
Deputy City CteFk Date
-2-