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HomeMy WebLinkAboutOrdinance 335 -amending Code concerning Property MaintenanceAttachment A ORDINANCE NO. 335 AN ORDINANCE AMENDING ARTICLES 7-45 and 7-50 OF THE SARATOGA CITY CODE CONCERNING PROPERTY MAINTENANCE THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1. The City of Saratoga wishes to amend the provisions of the City Code concerning property maintenance in order to limit wildfire risk and the risks to property and public safety associated with dead trees. 2. The Saratoga City Code (section 15-50.20(i)) defines "Dead Tree" as a tree that cannot be restored to good health and has at least one of the following characteristics: (1) is completely devoid of life, (2) has no leaves at a time when it should, (3) exhibits no buds if dormant,(4) is incapable of translocating food and water between leaves and roots, or (5) has a high likelihood of imminent death in the opinion of the City Arborist. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 4, 2015, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in double - underlined font (e.g., double -underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Text in italics is explanatory and is not adopted or otherwise included as part of the City Code. A. Article 7-45 COMMERCIAL PROPERTY MAINTENANCE Section 7-45.030(b) is amended as follows: 7-45.030 - Unlawful property nuisance; private property. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions which are visible from the street or from neighboring properties are found to exist thereon for a period of more than thirty days after written notice of same has been given by the Community Development Director, except as may be allowed by any other provision of law, including provisions of this Code. (a) [No changes] Page 1 of 3 Attachment A (b) Landscaping/vegetation. (1) Dead, decayed, diseased, displaced or hazardous trees. For the purpose of thi_ sec n "De , d r e" h . he me • ninset f i rth in ection 1 -50.020 i i f the Saratoga Code. (2) Weeds weeds or other vegetation constituting unsightly appearance, a danger to public safety and welfare, a detriment to neighboring property or property values or from which a continuous offensive odor emanates. (2) Overgrown vegetation likely to harbor rats, vermin and other nuisances, growing into the public right-of-way, or obstructing the necessary view of drivers on public streets or private driveways, and visible from the street, from neighboring properties, or from areas of general public/invitee access on the property. (34) Failure to comply with the requirements set forth in any City zoning approval or permit applicable to the premises. (c)- (j) [No changes] B. Article 7-50 RESIDENTIAL PROPERTY MAINTENANCE Section 7-50.030 is amended as follows: 7-50.030 - Standards. Consistent with the purposes of this Article, the following conditions qualify as neglected property in a residential zoning district: (a) -(k) [No changes.] (1) Dead or hazardous trees. For the purpose of this section, "Dead tree" has the meaninet fcirth in • ction 15-5 1020 i of th arato . Code. (m) Any condition determined by the City Manager to be substantially similar to any of the conditions listed in this Section. Section 2. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Page 2 of 3 Attachment A Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code address only trees likely to be removed in any event and would have a de minimis impact on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 4th day of November 2015, and was adopted by the following vote on November 18th, 2015. COUNCIL MEMBERS: AYES: Mayor Miller, Vice Mayor Cappello, Council Members Lo, Bernald, Kumar NOES: None ABSENT: None ABSTAIN: None ATTA oar cr. . PV. ie Bretschneider ACTING CITY CLERK APPROVED AS TO FORM: C Catherine Engberg ACTING CITY ATTO 718649.1 S GNED: //Howard A. Miller MAYOR, CITY OF SARATOGA, CALIFORNIA k)6t, DATE: // /e-//, DATE: II/ IeiIS Page 3 of 3