HomeMy WebLinkAboutOrdinance 410 Amending Article 7-45 Concerning Commercial Property Maintenance ORDINANCE NO. 410
AN ORDINANCE AMENDING ARTICLE 7-45 OF THE SARATOGA CITY CODE
CONCERNING COMMERCIAL PROPERTY MAINTENANCE
The City Council of the City of Saratoga finds that:
1. Commercial buildings that are vacant or in a state of disrepair or poor maintenance may
adversely affect surrounding businesses, detract from the appearance of a vibrant
commercial area, and may contribute to blighted conditions that negatively impact the
entire community.
2. To minimize these adverse effects and preserve and improve the appearance of
commercial areas in Saratoga this ordinance requires windows of vacant commercial
buildings in the Saratoga Village and other commercial areas in the City to be
aesthetically pleasing when viewed from the street and sidewalk and requires building to
be in otherwise good repair.
3. Maintaining attractive storefronts, even when vacant, helps sustain foot traffic and
encourages consumer confidence, which supports neighboring businesses and makes
the area more appealing to prospective tenants or investors.
4. Requiring aesthetic maintenance creates a sense of urgency for property owners to find
new tenants or buyers more quickly, helping reduce long-term vacancies.
5. The City Council of the City of Saratoga held a duly noticed public hearing on May 21,
2025, and after considering all testimony and written materials provided in connection
with that hearing, introduced this ordinance and waived the reading thereof.
6. The City Council adopted this Ordinance at a duly noticed regular meeting on June 4,
2025.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga Municipal Code is amended to amend Article 7-45 as set forth in Attachment 1.
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.
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Section 3. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after the ordinance's adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on May 21, 2025,and was adopted by the
following vote on June 4, 2025.
AYES: COUNCIL MEMBERS FITZSIMMONS, WALIA, ZHAO; MAYOR AFTAB
NOES: NONE
ABSENT: VICE MAYOR PAGE
ABSTAIN: NONE
Belal Y.Aftab, NYaycg
ATTEST:
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V�4-
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
Ordinance 410
Page 3
ATTACHMENT 1
The provisions of the Saratoga Municipal Code set forth below are amended as follows:
Text added to existing provisions is shown in bold double-underlined text (exam le and text to
be deleted in shown in strikethrough (fie).
Article 7-45
COMMERCIAL PROPERTY MAINTENANCE
7-45.010 Purposes of article.
This Article is adopted for the following purposes:
(a) To establish community standards for the maintenance of commercial property.
(b) To prevent property from being maintained in such condition as to cause discomfort or
annoyance to persons of normal sensitivities.
(c) To maintain and preserve property values within the community.
(d) To enhance the quality of storm water runoff generated from commercial properties
and to prevent storm water related pollution.
7-45.020 Definitions.
For the purposes of this Article the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context of the provision clearly requires
otherwise.
(a) Building means any structure used or intended for supporting or sheltering any use or
occupancy.
(b) Junk means any cast-off, damaged, discarded,junked, obsolete, salvaged, scrapped,
unusable, worn-out or wrecked object, thing or material.
(c) Owner means any person owning property, as shown on the last equalized assessment
roll for City taxes or the lessee,tenant or other person having control or possession of
the property.
(d) Person means any individual, partnership, corporation, association or other
organization, however formed.
(e) Community Development Director means the Community Development Director and
his/her designees.
(f) Property means all nonresidential zoned real property, and all real property upon
which a nonresidential use or occupancy exists, including, but not limited to, the entire
premises, parking lots, sidewalks, gutters, storm drain systems, driveways, walkways,
alley ways and shall include any building and structure located on such property.
(g) Registered/registration means a current, valid California registration for a vehicle
conforming to California Vehicle Code Sections 4000, or 9840 et seq. for boats.
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(h) Street means the full width of the right-of-way of any street, as defined in the
California Vehicle Code used by the general public, whether or not such street has
been accepted as and declared to be part of the City system of streets, including streets
forming a part of the State highway system.
(i) Vehicle means a device by which any person or property may be propelled,moved or
drawn upon a highway, road or body of water, and for the purposes of this Chapter
shall include, but not be limited to, automobiles, recreational vehicles, campers, boats,
motorcycles and mopeds.
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 privately owned 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 Lor
such other period set forth belowl 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) Unlawful outdoor storage and conditions.
(1) The accumulation of abandoned, discarded, or dilapidated objects, including but
not limited to junk; abandoned, wrecked, dismantled or inoperative vehicles;
vehicle parts and equipment; machine parts, scrap material, appliances, furniture,
household equipment and furnishings, shopping carts, containers, packing
materials, scrap metal, wood,plant cuttings,rubbish and debris or similar matter
which constitutes a threat to public health or safety or renders any premises
unsightly and detrimental to the general public welfare.
Nothing in this Section shall be construed as prohibiting the orderly outdoor
storage of business-related materials and inventory where permitted by applicable
zoning designation, rules or regulations.
(2) The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar
material on the property which is visible from the street, from neighboring
properties, or from areas of general public/invitee access on the property; or
which could potentially be discharged into a storm drain system.
(3) Attractive nuisances visible from a public street, or neighboring properties,
dangerous to those members of the public unable to discover the nuisance
condition, or recognize its potential danger, including, but not limited to
abandoned, broken, neglected or unsupervised vehicles, machinery, equipment,
lights, light fixtures, refrigerators and freezers, pools, ponds and excavations, as
well as all other items and conditions identified in Penal Code Section 402(c) and
Health and Safety Code Section 24400. (4) Materials or other items stacked in a
manner as to be visible from the street or from neighboring properties, or from
areas of general public/invitee access on the property, above any fence or in a
manner which could potentially result in discharge into a storm drain system.
Nothing in this Section shall be construed as prohibiting the orderly outdoor
Ordinance 410
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storage of business-related materials and inventory above fence height where
permitted by applicable zoning designation, rules or regulations.
(5) The placement of items of business inventory, refuse containers, equipment,
vehicles, or obstruction on the street, sidewalk or parking areas developed or
intended for use by public invitees in general.
(6) Materials stored or stacked on property in a disorderly, disarrayed or unsightly
manner in view of the street, of neighboring properties or of areas of general
public/invitee access on the property, in zoning districts where outdoor storage
may be permitted or in a manner which could potentially result in discharge into a
storm drain system.
(7) Boats,trailers,recreation vehicles, vehicle parts or other articles of personal
property which are left in a state of partial construction, dilapidation or disrepair
in locations which are visible from the street or neighboring properties; or which
are left parked or stored in violation of applicable zoning designation, rules or
regulations.
(8) Packing boxes, pallets, lumber,junk,trash, salvage materials, or other debris kept
on the property and visible from the street, from neighboring properties, or from
areas of general public/invitee access on the property.
(9) The storage of firewood or other flammable materials in excess of standards
relating to the safe storage of combustible materials as determined by the Fire
Chief and the Uniform Fire Code.
(b) Landscaping/vegetation.
(1) Dead or hazardous trees. For the purpose of this section, "dead tree" has the
meaning set forth in Section 15-50.020(i) of the Saratoga City Code.
(2) Weeds or other vegetation constituting unsightly appearance, a danger to public
safety and welfare, a detriment to neighboring property or property values, create
the appearance of a vacant or abandoned building or structure, or from which
a continuous offensive odor emanates.
(3) 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.
(4) Failure to comply with the requirements set forth in any City zoning approval or
permit applicable to the premises.
(c) Trash, litter, trimmings, oil and debris.
(1) The accumulation of litter, debris, trimmings or trash on any property, including
sidewalks, gutters, storm drains, driveways, walkways, alleyways, parking lots or
the public right-of-way, which is generated on, or as a consequence of the use or
maintenance of the property, or from which a continuous, offensive odor
emanates.
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(2) Pooled oil, water, or other liquid accumulation, flowing onto the street, or into a
storm drain system, or excessive accumulations of grease or oil on paved surfaces,
or in storm drain systems.
(d) Trash containers.
(1) Trash, garbage or refuse cans, bins, boxes or other such containers stored in view
of the street or neighboring properties or from which a continuous, offensive odor
emanates.Nothing in this Section shall be construed as prohibiting the outdoor
storage of any type of trash receptacle if said receptacle is screened from view
from the street, any public right-of-way or neighboring properties in a manner
approved by the Community Development Director and consistent with applicable
zoning designations, rules or regulations.
(2) Any property without regular and adequate trash collection service.
(3) Trash containers without secure, firmly fitting covers or evidencing an overflow
of trash and/or other debris.
(e) Buildings and structures.
(1) Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have
unsecured broken windows or doors or broken windows or doors secured with
wood or other materials or which are left in a state of partial construction,
buildings subject to demolition pursuant to applicable provisions of this Code or
other authority, for which demolition has not been diligently pursued, and such
buildings which are unpainted or where the paint on the building exterior is
significantly cracking, peeling, chalking}of worn off, or not weatherproof.
Except for buildings that have suffered extensive fire or structural damage.
all window and door openings facing sidewalks, street, alley or public spaces
are prohibited from being covered with unsuitable materials such as drywall.
plywood, or paper.
(2) Unsecured buildings constituting hazardous conditions or inviting or permitting
trespassers and malicious mischief.
(3) Awnings, covers, canopies, umbrellas, screens, lights, light fixtures or other
window coverings or building structures which are damaged, torn, severely faded,
rusted, bent, unpainted or in some other state of substantial disrepair.
4) Construction, alteration, improvements, or rehabilitation that has not been
completed during the term of a valid building permit or building permit
extension issued by the building official.
(f) Fences and gates.
(1) Fences or other structures on private property abutting, fronting upon, or visible
from any public street or neighboring properties, which are sagging, leaning,
fallen, decayed, extending into the public right-of-way or other dilapidated or
unsafe condition.
(g) Graffiti.
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(1) Graffiti or other words, lettering or drawings not otherwise permitted by the
provisions of this Code, which remain on the exterior of any building, fence or
wall which is not removed or painted over with similar exterior grade paint
to match the color of the exterior of the building or structure for a period of
more than ten Elays forty-eight (48) hours after written notice of same has been
given by the Community Development Director.
(h) Parking limitations.
(1) Vehicles, whether motorized or nonmotorized, parked within any required setback
or on any surface which has not previously been approved for parking purposes
pursuant to applicable Building Code and/or zoning ordinance provisions.
(i) Parking strips.
(1) Allowing an accumulation of junk, rubbish, debris, or dead, decayed or
overgrown vegetation in that area between the property line and the street line of a
given parcel, commonly known as a "parkway."
(j) Window displays.
Any building or portion thereof on private property that is unoccupied shall
maintain at least one of the following types of displays on or inside all ground-
floor windows in the vacant portion of the building that face sidewalks, streets
alleys, or public open spaces:
1) Faux window dressings with the visual characteristics of a vibrant business
using background panels or other methods to screen views of the unoccupied
space from the street, sidewalk and public areas-
(2) Works of art or other displays of cultural, historical, or educational value,
using background panels or other methods to screen views of the unoccupied
space from the street, sidewalk and public areas-
(3) Window paintings featuring visually appealing scenes depicting or suggesting
business or cultural activities: or
4) Other measures consistent with these examples, if approved in writing by the
Director, in the Director's sole discretion.
The display shall be installed as soon as possible following the vacancy and no
later than 30 days following notice from the Community Development Director.
(} Miscellaneous.
(1) Any other condition or use of property which gives rise to a reasonable
determination by the Community Development Director, that said condition or
use represents some threat to the health and welfare of the public by virtue of its
unsafe, dangerous or hazardous nature, or which is so out of harmony with the
standards of properties in the vicinity so as to cause substantial diminution of the
enjoyment, use, or property values of such properties.
7-45.040 Supplement to other laws.
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This Article is intended to supplement and not to supplant or conflict with any other
provisions of this Code or of federal or State laws.
7-45.050 Violations as constituting infraction offense; penalties.
The violation of any provision contained in this Article is hereby declared to be unlawful
and shall constitute a misdemeanor and a public nuisance subject to the penalties as prescribed in
Chapter 3 of this Code provided, however, any such violation may, on the discretion of the
enforcing authority, be charged and prosecuted as an infraction.
1917455.1