HomeMy WebLinkAboutCity Council Resolution 12-019 in Support of AB 1642RESOLUTION NO. 12-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
SUPPORTING ASSEMBLY BILL 1642 — COUNTY RECORDER: RECORDATION OF DOCUMENTS
WHEREAS, Notice of Violations are used by local governments in code enforcement situations and
serve to put the public on notice that there are code violations on the property; and
WHEREAS, a recorded Notice of Violation has the effect of precluding the property from being sold or
(re)financed because lenders will not provide mortgage financing for properties with existing violations; and
WHEREAS, Notices of Violation are recorded with the County for a variety of property -related code
violations, including violations of building, zoning, grading, and environmental health ordinances; and
WHEREAS, a revision to Government Code section 27201, which changed the word "law" to
"statute," may have inadvertently impacted the ability of local governments to record Notices of Violation; and
WHEREAS, until a few months ago, many clerk -recorders around the State relied on an Attorney
General opinion stating that, for the purposes of interpreting section 27201, the word "statute" includes local
ordinances; and
WHEREAS, a recent case out of the 6th District Court of Appeal holding otherwise has raised questions
about the legality of recording Notices of Violations; and
WHEREAS, Assembly Bill 1642, introduced by Assembly Member Gordon, would affirm local
governments' ability to record Notices of Violation against properties for code violations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga endorses Assembly
Bill 1642 introduced by State Assembly Member Gordon.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 4th day of April 2012 by the following vote:
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(r I W DATE: S i't7
ry Morrow, City Clerk
Chuck Page, Mayor