HomeMy WebLinkAboutOrdinance 201
ORDINANCE NO. 201
AN ORDINANCE BY THE CITY OF SARATOGA
AMENDING CHAPTER 3 OF THE SARATOGA CITY CODE
RELATING TO CODE ENFORCEMENT
The City Council of the City of Saratoga hereby ordains as follows:
SF,CTTON 1. Section 3-10.030 of the Saratoga City Code is hereby amended as set
forth below. Text to be added is indicated in bold double-underlined font (e.g., bold
double-underlined) and text to be deleted is indicated in strikeout font (e.g., ~l1Ìk.e;ulll).
Text in standard font remains unchanged by this ordinance.
3-10.030 Recorded notice ofCade violation.
(a) Whenever the City Manager has knowledge of a violation of any
provision of this Code, or any other ordinance of the City, or any rule, regulation or order
promulgated or issued pursuant to this Code, or the provisions of any code adopted by
reference by this Code, or any condition ofan aD¥ approval, permit or license granted
pursuant m this Code, he tÞI.' rity lV(íUllIger may notify the owner of the property upon
which the violation is located ofltis the City MIIDlIger'.. intent to record a notice ofeode
violation in the office of the County Recorder [01 lhe; CUlluly. Such notice of intent shall
be mailed to the owner at the address shown on the latest available assessment roll, or as
otherwise known to the City Manager, and a copy thereof shall be posted upon the
property. The notice of intent shall describe the nature of the violation and inform the
owner that a notice ofemI:e violation will be recorded unless a hearing before the €i:ty
MaJldßCl Refiring Offic"r pstflbli..he(! pllrWIIJlt to ~ection 3-1"i 070 I)fthis Code is
requested by the owner within twenty days from the date of the notice.
(b) In the event a hearing is not requested and the violation has not been
corrected, or in the event that after the conduct of a hearing 1)<'fore th" {f~ílring OfficC'r¡
and consideration of all evidence presented thereat by the owner, the ff"aring Offi"er
City Manag<;f determines that a violation of one or more of the aforementioned codes,
ordinances, rules, regulations, orders or conditions in fact exists, the City Manager may
record a notice ofemI:e violation in the office ofthe County Recorder. The determination
by the City Manage; Hel\ring Officer, following a hearing, that a violation exists, may
in I\"I!'Qrdfln('e with thp rilles of pr/)('C'dl're estflhlished hy 811i(l Jfellfing Officpr, i"
final fIlHI may not be appealed to the City Council in accoldançe with th,," plocedure set
fOlth Ül secÜon2-05.0JO oftlÚs Cûde.
(c) At the request of the affected property owner or other interested person
and upon determination by the City Manager that the ª violation has been fully corrected
and no longer exists, the City Manager shall furnish to the owner or other interested
person a notice of expungement of the previously recorded notice of emI:e violation.
Page 1 of13
Ordinance No.201
(d) The recording of a notice of emI:e violation pursuant to this Section
shall be in addition to any other rights, remedies or actions available to the City by reason
of the same violation as described in the notice.
SF,CTTON 2. Article 3-15 of the Saratoga City Code is hereby amended as set forth
below. Text to be ad.ded is indicated in bold double-underlined font (e.g., bold double-
un<'lerlined) and text to be deleted is indicated in strikeout font (e.g., ~ltikwul). Text in
standard font remains unchanged by this ordinance.
ARTICLE 3-15
NOTICED NUISANCE ABATEMENT PROCEDURE
3 -15.010 Authority.
This Article is adopted pursuant to the provisions of A rtirlp h
(commencing witÞ Section 38771) in Cha9ter 10, Division 3 of Title 4 S"",livll
38773.5 of the CI\lifornil\ Government Code.
3-15.020 Right of entry.
When it is necessary to make an inspection to enforce all¥ UII;; plOY i~¡uJl~
pro"¡,,ion of this Code, or when the City Manager VI lhl;; Cily M"U"gl;;l'~ "uUwli¿I;;J
1I;;pII;;~l;;lll"li YI;; has reasonable cause to believe that there exists a parcel ofland or
structure, upon whirh a premises a condition p",i"t~ which makes sw:h a parcel ofland or
structure a nuisance as defined in this Code, the City Manager may enter the ùuilJill~
drnl!'tnr" or premises at reasonable times to inspect or to perform the duties imposed by
this Code, provided that if such ImilJillg "trnrtnrp or premises be is occupied that
credentials be presented to the occupant and entry requested. If such LuilJiug drnrtnr<:
or premises be is unoccupied, the City Manager shall first make a reasonable effort to
locate the owner or other persons having charge or control of the uuilJillg "trnrtnrp or
premises and request entry. If entry is refused, the City_Manager LuilJillg vHi",i,,1 shall
have recourse to the remedies provided by law to secure entry.
3-15.030 Declaration of nuisance.
When the City Manager has inspected or caused to be inspected any
condition on any parcel ofland or structure and has found and determined that such
condition on such parcel ofland or structure is a nuisance, the City Manager shall
commence proceedings to cause the abatement of such nuisance and to make the costs of
such abatement a special assessment against the parcel upon which such nuisance exists.
Page 2 of 13
Ordinance No.201
3-15.040 Notice and order.
(a) The City Manager shall issue a notice and order directed to the ownpr of
record VWU~1 of the parcel ofland upon which the City. Manager has detC'rminen that
a nuisancppxi"ts. The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of
the parcel ofland and structures thereon.
(2) A statement that the City Manager has found lIt~ pl"IUi~~~ 01 ~llll<.;llll~~
tuire-a condition deemed a public nuisance pursuant to 3-05.01 O(e}io-esist with a
brief and concise description of the conditions found to I~UÙ~1 lh~ ùLlì1ùiug Ùi1ug~lUu~
constitutp a pllbliuni"ance under the provisions of this Code.
(3) A statement (i) specifying ufthe rnr"nvp action required to be taken
}Inn (ii) ~prifyin~J:hejj¡ne in whicb commpnrpmpnt .0ftÞe action. and/oLrompletioJl
~ "rtlon mud orr"r... as determined by the City Manager.
(4) Sti1l~1l1~ub A Statement advising that if the abatement work is not
commenced within the time specified, the City Manager may proceed to cause the work
to be done and charge the costs thereof against the plUp~tly parcel or its owner ,,~ " JiP1J,
agaID5t the p!\rcel and/or as a special assC'ssment...and. th"t ~nrh propprty m"y hI' ~<ilil
after three ye!\rsby.tÞe tax collector fOI"_llllp!\id delinqllPnt assessment'!..
(5)Slaklllwb A St"tpmpnt whpthpf or not the City M!\nager ha~ plected
to.seek,a~ a part of ahatement ro~t", rp"~on"hltUlttllrney's fpes incurred in abating
thp nni""nrp. Snrh notirp ~h,," "l~o d"tp th"t ifthp C'ity Manager_elects to seek
J::fJlSJ:!!!ab1e attorney's fpes,j:b.. pr..vailipg pI1rry.D1!\Y ~.nD!led to seek
rpimbursemel1t of rea"oll!\ble and nece~sarily incurred attorney's fee",
(ó) A St"tpmpnt advising (i) that any person having any record title or legal
interest in the parcel ofland may appeal from the notice and order or any action ofthe
City Manager to the Bvalù u[ App~ab He.arin~ OfficeJ;, provided the appeal is made in
writing and filed with the Office of the City Manager within the time sp£'dtled by.
s.ectiD.n ~-1:; ORO(h) ofthi~ C'onp llÚlly ùay~ flUullh~ ùal~ v[~~lviv" V[~Uvll uvliv~ awl
\.JlJ~1 (01 willÚu kll Jay~ [lUlIl ~Uvll Jak i[ lll~ Cily Mauag~l lla~ JdeUllill~J lhal th~
\.;vuJiliuu i~ ~UvIt a~ lv Hlak.~ il iuull~Jial~ly Jaug~Jvu~ lv lit" li[~, lilllL, plUp"lly VI ~i1fdy
tv lit" puùli" Vl aJjavt:uL plUptaly); and (ii) that failure to appeal will constitute a waiver
of all right to an administrative hearing and determination of the matter.
(b) Service of notice and order. The notice and order, and any amended or
supplemental notice and order, shall be served upon the record owner and posted on the
property; and one copy thereof; I\t thp option of tl:1p City. Manager, m!\y strntt be served
on each of the following if known to the City Manager or disclosed ITom official public
records: the holder of any mortgage or deed of trust or other lien or encumbrance of
record; the owner or holder of any lease of record; and the holder of any other estate or
legal interest of record in or to the LuilJiug "trnrtnrp or the land on which tbp nui~"n!,£
it is located. The failure of the City Manager to serve any person required herein to be
served shall not invalidate any proceedings hereunder as to any other person duly served
to relieve any such person from any duty or obligation imposed by the provisions of this
section.
Page 3 of 13
Ordinance No.20l
(c) Method of service. Service of the notice and order shall be made upon
a1l persons entitled thereto either persona1ly or by mailing a copy of such notice and order
by certified mail, postage prepaid, return receipt required, to each such person at their
address as it appears on the last equalized assessment roll ofthe County or as known to
the City Manager. If no address of any such person so appears or is known to the City
Manager, then a copy ofthe notice and order shall be so mailed, addressed to such
person, as the address of the parcel ofland involved in the proceedings. The failure of
any such person to receive such notice shall not affect the validity of any proceedings
taken under this section. Service by certified mail in the manner herein provided shall be
effective on the date of the mailing.
(d) Proof of service. Proof of service of the notice and order shall be
certified to at the time of service by a written declaration under penalty of peljury
executed by the persons affecting service, declaring the time, date and manner in which
service was made. The declaration, together with any receipt card returned in
acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and
order retained by the City Manager.
3-15.050 Notices; publication.
(a) In addition to posting and serving the notice and order required by
Section 3-15.040. the City Manager shait JWl¥ direct the City Clerk to publish such notice
once in a newspaper of general circulation in the City. F"ilure of the City Manager to
direct publication, or tÞe City£'lerk to publisb,surh notice in a newspaper_of
genC'T'I1 circulation in the City shall not invalid'lte anyproceedinßs herplmder~
3-15.060 Recordation of notice ofemI:e violation.
If compliance is not had with the notice and order within the time specified
therein, and no appeal has been properly and timely filed, the City Manager shall file in
the office of the county recorder a certificate describing the property and certifying a
notice ofemI:e violation in accordance with Article 3-10.
3-15.070 Hearing Officer and Board of Appeals.
(a) In order to hear and decide appeals of orders, decisions. or
determinations made by the City Manager relative to the application and interpretations of
this Article, there shall be and is vl""lt:J e.t3blisbed both a Hearing OfficeL"ud a
Board of Appeals, the latfpr consisting of the Cily Eugiu""l, Dil"dvl v[Cvlluuuuily
D"vdul'111"1l~ ".llJ a 111"1:lÙ"1 w llu i~ 4ualiLi"J ùy <;;Xp<;;Ú<;;llv<;; auJ ltaillillg Lu pa~~ UPUll
111all<;;l~ p<;;llallullg lv uUl~allv.<;; a1alt:111"ltl auJ whv i~ uul "111plvy"J 1y lh" Cily. TIt<;; Cily
Mau<tg"l ~hall Ù" au <;;x v[Livw 111"1111<;;1 "uJ ~hall ad ,,~ ~<;;vldalY tv ~aiJ BualJ 1ul ~hall
hav<;; llV vvL<;; .UpVll allY 111a~L<;;1 1<;;[Vl<;; lIl<;; BualJ. Th<;; 111<;;1111<;;1 lluL <;;111pluy<;;J 1y lIl" Cily
~l~a1l1<;; appv111l<;;J 1~ Ch31r of earh of the following City Commissions, Public S!lfety,
Fmance, "nd Plann~n~. F,"r~ "Pl'P"\ "h"n hI' hp"rrl ,mrl rlprirlprl hy thp Hp"rin~
Officer unless the Clty Councll auJ ~halllwlJ v[[¡v<;; al ib pl<;;a~ul". Th" directs by dilly
Page 4 of 13
Ordinance No.201
adopt~d motion that thp appeal shalLbeheard by the Board of Appeals. Any action
by the. Hearing Officer authorized or required bytÞis Article m"y be takeD Þy the
Board of Appeals with respect to any appeal that the Board of Appeals is allthorizpil
to ron"iilpr. Thp Hp"rine Offirpr "nil thp Board shall ~ adopt rules of procedures
for conducting its business and shall render all decisions and findings in writing to the
appellant, with a duplicate copy to the City Manager. Appeals to the Hearing Officer
awl the Board shall be processed in accordance with the provisions contained in Section
3-15.080. Copies of all rules or regulations adopted by the Hel!ring Officer and the
Board shall be delivered to the City Manager, who shall make them freely accessible to
the public.
(b) The Neither the Hearing Officer nor the Board of Appeals shall have
no ~ authority relative to interpretation of the administrative provisions ofthis Code
nor shall the Hearing Officer or the Board be empowered to waive requirements of this
Code.
3-15.080 Appeal of notice and order.
(a) Any person entitled to or receiving service und!'r "ection3-15.040(b)
oIthis Article may appeal from any notice and order or any action of the City Manager
under this Code by filing with the office of the City Manager a written appeal containing:
(1) A street address and a description sufficient for identification of
the property and the affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the
appellants in the structure or the property involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific
order offorcnrative action protested, together with any material facts claimed to support
the contentions of the appellant.
(5) A brief statement in ordinary and concise language of the relief
sought and the reasons why it is claimed the protested order Dr for curative action should
be reversed, modified or otherwise set aside.
(6) The signatures of all parties named as appellants and their official
mailing addresses.
(7) The verification (by declaration under penalty of perjury) of at
least one appellant as to the truth of the matters stated in the appeal.
~ The appeal shall be filed within thirty days from the date of service of
such notice and order Dr for cllr!\tiv:e action of the City Manager; provided, however that
if the City lWan"lger has detprmined that the parcel ofland or structure is in such
condition as to make it immediately dangerous to the life, limb, property or safety of the
public or adjacent property "nd if the notice and order of the City Managc>r so
proviilp", such appeal shall be filed within ten days from the date of the service of the
notice and order of the City Manager.
Page 5 of 13
Ordinance No.20l
tbJ w As soon as practicable after receiving the written appeal, the
Hearing OffiœLor the Secretary of the Board of Appeals shall fix a date, time and place
for the hearing of the appeal 1y lhl;; BUi:llù. Such date shall not be less than five days nor
more than 30 days from the date the appeal was filed with the City Manager. Written
notice of the time and place of the hearing shall be given at least five days prior to the
date of the hearing to each appellant by the Dearing Officer or the Secretary of the
Board of Appeals either by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the
address shown on the appeal.
tc7 ~ Failure of any person to file an appeal in accordance with tire
l'1Uvi~iulI~ this provision of this Code shall constitute a waiver of the right to an
administrative hearing and adjudication of the notice and order or any portion thereof.
fd) W Only those matters or issues specifically raised by the appellant and
within thp jnrisrlirtion ofthp Hpnrine Offirpr or Honrrl of Apppnls shall be considered
in the hearing of the appeal.
(t) Procedures for the comhll't of the appe~ls tlParing sballcomply with
the rules I!dopted by the> JIearing Officer or the> Hoard of Appeals pursuant to
sprtion 1-1 "i.070.
3-15.090 Staying of order under appeal.
taJ Enforcement of any notice and order of the City Manager issued under
this Code shall be stayed during the pendency of an appeal therefrom which is properly
and timely filed.
(1) P1UvI;;ÙUII;;~ [VI lIll;; vVllùUvl V[ lhl;; "l'l'l;;"b hl;;atillg ~h"ll vUllll'ly wilh lIll;;
l'1Uvi~ivll~ v[ lhl;; 1991 l;;ùilivlI u[ 1I11;; UlIi[Ullll CVÙI;; [VI lIll;; A1"l1;;1l11;;11l v[D"lIgl;;1UU~
BuilùillP, Ch"l'll;;l 9.
3-15.100
Action by Hearing Officer or Board of Appeals. BV"lù.
If the Hearing Officer or Board of Appeals has upheld the City Manager's
determination of nuisance, and proposed abatement, the Board shall order the City
Manager to abate the nuisance. Therl"cision ofthe H,,:¡rino Offi!'''r or Hoard of
Appenls shall include a finding whetÞer any attorne>ys' fees incufl"e>d by the
prevailing party were rensonably and necessarily incurred, provide>ð, howevpr, in!1o
event shall nn award of attorneys fees to a prev:¡iIin~ party exceed tlle amount of
reason:¡ble attorneys' fees incllrred by the City.
3-15.110 Abatement work.
The abatement work may be performed by the City's own employees or by
independent contractors, or any combination thereof. The City Manager and !ris-thp rity
Mnnager's-authorized 11;;1'11;;~l;;lIl"livl;;~ atlÙ contractors may enter upon private property as
may be necessary or appropriate in order to abate the nuisance declared to exist upon such
Page 6 of 13
Ordinance No.201
property. Prior to commencement ofthe abatement work by or on behalf of the City, the
property owner may abate the nuisance at his the property owner's own expense.
3-15.120 Notice and hearing; report of costs.
The City Manager shall keep an accurate account of the abatement costs
incurred by the City, including tlllvHl"Y'~ investigative, administrative>, api! direct
"batemenLcosts and "II otherreasonably rel"tpi! ro.~ts, :1IIi!, "t thp plprtion ofthp
("ity M"n,,~.pr "" i!psrrihpi! h"low, rp"son"hlp "ttornpy fees. Such account shall
indicate, where appropriate and feasible, the costs attributable to each separate parcel of
land upon which the abatement work is performed. Following completion of all
abatement work, the City Manager shall prepare a final itemized written report showing
the total abatement costs and the City Manager ire shall submit such report for
confirmation by the City Council at its next available regular meeting after the notice
period set forth herein. At least ten days prior to the date of such meeting, a copy of the
report together with a written notice of the date on which the same shall be considered by
the City Council shall be mailed to the persons to whom notice was mailed pursuant to
subsection 3-15.040(a) and a copy thereof shall also be posted upon the property involved
and at City Hall. Suchnoticeofthe dateofhe"ring on the abatement costs by the City
Council shall indic"te f""t the. C'ity_shall cause to ma)¡:e the rosts ofsucb abatement a
lien against the parcpl ani!/or a special asspssment "gainst the parcel "ndthat such
parcel may be sold by the> tax collector after three years for any unpaid.rlelinquent
"""p...mpnt "~jli"'t tlIP r"rrpl. The City Manager shall elect wheth"r or not to seek,
as a part of abMementcosts¡ reasoDable attorney's fees incurre>i! in abating the
nuisance. Surh notice_of the date of he"rin~ on the Itbateme.ntcosts by the City
CO!lncil shall iDdkate whetÞer the City Mana~er intends to seekreasonable
attoJrne>y's fees as part ofthe abatementrosts and shall inilk!\te that ¡fthe City
M!\l1Iager elects to seek reasonable attorney's fees, the prevaHing part:ymay be
entitled to reimbursement of rell"onable and neci'''sarily incurred attorney'" fe"s.
3-15.130 Protests and objections.
At the time fixed for considering the report of costs provided for in Section
3-15.120, the City Council shall hear any objections ofthe owners of the property to be
assessed for the abatement costs. Any person filing any protest or objection who is
affected by the proposed charge may file a written report of the objections with the City
Clerk at any time prior to the time set for the hearing on the report of costs. Each such
objection must contain a description of the property in which the signer thereof is
interested and the grounds of the objection. The City Council may modify the report of
cust rosts if it Ùt:tllH;;Ù lltvt~~'IlY deemsit !1!Jpropriate. The City Council may then, by
resolution, confirm the report as submitted or modified. TÞeC'ity Council sl1!\lImake a
flndiDg as to.wbpther any attorney's fpes incurred by the> City "nd assessed for the
ahatement costs were reasonably "nd necessarily incurrpd.
Page 7 of 13
Ordinance No.20l
3-15.140 Payment of abatement costs.
The City Manager may receive payment in full ofthe abatement costs
charged against a parcel of land at any time after confirmation of the report by the City
Council pursuant to Section 3-15.130 and prior to the filing of such report with the
County Tax Collector pursuant to Section 3-15.150.
3-15.150 Filing report with County Tax Collector; collection of assessment.
After the City Council has confirmed the report of costs to abate the
nuisance declared to exist upon a parcel of land, and if such costs have not been paid in
full, the City Clerk shall at the direction oUhe City Manager either (1) cause a lien to
be chargeda!!:!inst the parcel or (2) transmit a copy of the report together with a copy
of the resolution confirming the same to the County Tax Collector, who shall add the
amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a
special assessment, for the municipal purposes, against such parcel. The amount of the
assessment shall be collected at the time and in the manner as ordinary municipal taxes.
If such assessment is delinquent, the amount shall be subj ect to the same interest and
penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and
th" property may bp sold after tÞreeypar~ hy th" tax collector for unpltiddelinf!.upní
asse>ssml'nts.
3-15.160 Taxes paid in error; refunds; claims.
The City Council may order refunded all or any part of a tax paid pursuant
to the provisions of this Article if the City Council finds that all or any part of the tax has
been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim
is filed with the City Clerk on or before March 1 st after the tax became due and payable.
The claim shall be verified by the person who paid the tax or his guardian, executor,
administrator, personal representative or successor in interest.
SF,CTTON 1. Article 3-20 of the Saratoga City Code is hereby amended as set forth below.
Text to be added is indicated in bold double-underlined font (e.g., bold double-undprlinpd)
and text to be deleted is indicated in strikeout font (e.g., ~llik"vul). Text in standard font
remains unchanged by this ordinance.
Article 3-20
EMERGENCYNUISANCEABATEMENTPROCEDVRE
3-20.010 Authority.
This Article is adopted pursuant to the provisions of Article 6 (commencing
with Section 38771) in Chapter 10, Division 3 of Title 4 ofthe California Government
Code.
Page 8 of 13
Ordinance No.201
3-20.020 Nuisance declared.
Any violation of any u[ lhl;; jJlUV i~ivll~ provision ofthis Code, or any other
ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to
this Code, or the provisions of any Code adopted by reference by this Code, or in
violation of any condition of an aD¥ approval, permit or license granted pursuant to this
Code shall constitute and is declared to be a nuisance. This includes, but is not limited to
,
any encroachment upon or obstruction in or to, any public sidewalk, street, alley, lane,
court, park, trail or easement, or other public place. Such nuisance may be abated
pursuant to the procedure set forth in this Article.
3-20.030 Alternate procedure.
This Article constitutes an alternate procedure to Article 3-l5 ofthis
Chapter for abatement of a nuisance and for assessment of the abatement costs against the
property on which such nuisance is maintained or ftom which such nuisance extends.
3-20.040 Abatement by City Manager.
If, in the opinion of the City Manager, any nuisance, as defined in Section
3-20.020 constitutes an immediate hazard to the public health, safety or welfare or
materially interferes with public travel or passage, the City Manager may abate such
nuisance. The abatement work may be performed by the City's own employees or by
independent contractors, or any combination thereof. The City Manager and iris thp City
Ml\nagpr's authorized 1I;;jJlt:~l;;ltlalivt:~ allJ contractors may enter upon private property as
may be necessary or appropriate in order to perform the abatement work.
3-20.050 Report of costs.
The City Manager shall keep an accurate account ofthe abatement costs
incurred by the City, including altvlllt:y~' investigative, al)mi!!istrative, an(l direct
abatempntcosts and all other rea"onably related co"ts, and,. lit the electio!! of tÞe
f'ity Malll'lger as_described below, rea.onable attorney's fees. Such account shall
indicate, where appropriate and feasible, the costs attributable to each separate parcel of
land upon which the abatement work is performed. Following completion of all
abatement work, the City Manager shall prepare a final itemized written report showing
the total abatement costs and tÞe C'ity Manl'lgpr he shall submit such report to the City
Clerk. The City Clerk shall thereupon schedule the matter for hearing by the City
Council at ib llt:xl availaùk a regular meeting after the notice period set forth in Sections
3-20.060 and 3-20.080 ami not later thaI} 45 days after the receipLofthe> report by the
City ('Jerk The CityM!lnag-u .shall elect whether_or nottoseek,Jlsa part of
lIbntement costs, rel'lsonl'lble attorney's fee.s incurred in abating the nJlÌsance. Such
notÌl"e Qfthe datI' of hearing on tile_abatement cost.. by the City Council shall
indicl'lte whether the City Manl'lger intends to seek rea"onablp attorney's fees as parl
ofthe abl'ltl'!llent costs and shall indicate that iftÞe_City Ml'lnager elpcts to "eek
rp"sonablp "Horney's fees, the prevailing partYl11ay be pntitled toreimhnrse!t1e!!t olf
Page 9 of 13
Ordinance No.20l
reMoß!!ble ~nd necps.<oarily incurred attorney's fees.
3-20.060 Notices; posting.
(a) At the time the C'ity Manager he submits the report of costs to the City
Clerk, the City Manager shall also cause notices to be conspicuously posted on the
property on which the abated nuisance existed or :fi:om which the abated nuisance
extended as follows:
(l) One notice on each separately owned parcel of property of not over fifty
feet :fi:ontage; or
(2) Not more than two notices on any parcel over fifty feet :fi:ontage but less
than one hundred feet :fi:ontage; or
(3) Notices not more than one hundred feet apart ifthe frontage of a parcel
is greater than one hundred feet.
(b) Such notices shall be posted at least fifteen days prior to the time for
hearing by the City Council of objections to the proposed assessment.
3-20.070 Notices; form.
The notice required by Section 3-20.060 shall be substantially in the following
form:
NOTICE OF ABATEMENT OF NUISANCE
AND FIXING OF SPECIAL ASSESSMENT
NOTICE IS HEREBY GIVEN that the City of Saratoga has
caused cprtllinactions to be> taken. at lu Lt:; It:;WUVt:;Ù
:fium [spe>dfy address] <t puLlil' pIal't:;,
l't:;Ü<till t:;ul'lv<tdIlU"llb lh"lt:;vu U1 vL~hudiuu~ lht:;lt:;iu
Jt:;~l'1iLt:;J <t~ wl1id1 l'Vll~lilult:;J in orrlpr
to. "h"t.. a public nuisance. TÞpsp !lrtions inchlded
aniJ !!n :A:n: itemized written report
showing the costs of such removal is on file in the office of
the City Clerk._'Þe í'ity M:mager_(hlls)(hllsllot) elected to
spek, as a part of abatement costs, reasonaþle IIttorn¢
fees inclIrreiJ in aÞating tÞe DlliS!!II!'e. Tfthe í'ity Man!!ger
has elpdpd to SppkSllCh attor!1e>y's fpes, tÞe prev!!iling
party m"y he entitled to seek reimbnrse>ment of
reasol1"ble> ~nd ßpce"s"rily incllrreiJ "Horney's feps.
Reference is hereby made to such report for further
particulars. It is the intention of the City Council of the City
of Saratoga to make the costs of such removal a lipn or
special assessment against the property on which said
nuisance was maintained or from which said nuisance
Page 10 of 13
Ordinance No.201
extended, said assessment to be collected at the same time and
in the same manner as ordinary municipal taxes.~
property may be wId after three years by the tftX co!!e,ctw;
for unp¡lid delinqupnt asses~ments_ The property to be
assessed is described as follows:
Any property owner objecting to the proposed special
assessment is hereby notified to attend a meeting of the City
Council of the City of Saratoga to be held on
t92íl_, commencing at [specified time} 7p.m., at the
Saratoga City Hall, 13777 Pruitvale Avenue, Saratoga,
California, when snrh I'ropprty ownpr'.~. their objections will
be heard and given due consideration.
Dated this Ù<1Y v[, 19 ._
day of
, 20--'0'
City Manager
City of Saratoga
3-20.080 Notices; publication and mailing.
(a) In addition to posting the notice required by Section 3-20.060, the City
Clerk ~ sha:tl publish such notice once in a newspaper of general circulation in the
City, and shall mail such notice to each owner of the property described in the notice, as
shown by the latest assessment roll available to the City on the date ofmailing.~
f1!ihu.e oftþe City Clerk to publish such notice. in3 newspaper of general circulatiOIl
in th.. C'ity or thp f"ihlrp of the City Clerk to serve any person required herein to. be
~Ii shall not iDvalid"te ¡lny pro.reeliing,~ hprpnnlipr ".~ to "ny I'''rty Iin1.y ~prv..1i to
relipve any s!lch pprson from any duty or oÞ1igatiol1 imposed by the provisiQns of
t/1 i ~ ser.tíon.
(b) The notice shall be published and mailed by the City Clerk at least
fifteen days prior to the time for hearing by the City Council of the objections to the
proposed assessment.
(c) The notice published and mailed by the City Clerk shall be substantially
in the form set forth in Section 3-20.070, except that such notice shall be signed by the
City Clerk.
3-20.090 Hearing.
At the time stated in the notice set forth in Section 3-20.070 the City
Council shall receive and consider the report of costs provided for in Section 3-20.050
and shall hear any objections ofthe owners of the property to be assessed for the
Page 11 of 13
Ordinance No.20l
abatement costs. The City Council may modify the report if J<::<::HI<::J ll<::l'<::~~alY it cI....m"
it appropriate. The hearing may be continued from time to time.
3-20.100 Action by City Council.
At the conclusion of the hearing provided for in Section 3-20.090, the City
Council shall allow or overrule any objections to the proposed assessment. Ifno
objections have been made at the hearing or the City Council has overruled those made,
the City Council shall, by resolution, confirm the report of costs as submitted or modified.
Thp C'ity C'ollnri! "h"n m"kp" fincline whpthpr any "ttornp¥'" fpp" inrllrrpcl hy thp
City and assessed for the ahatement costs were reasonably and l!ece>ssari!yjncurred,
provided, however, in_no event shall an award of attorl!ey's fees to a prevailing
party p-':I'eed_the amount of reasonable attorney's fees incurred by the City.
3-20.110 Payment of abatement costs.
The City Manager may receive payment in full of the abatement costs
charged against a parcel ofland at any time after confirmation of the report by the City
Council pursuant to Section 3-20.100 and prior to the filing of such report with the
County Tax Collector pursuant to Section 3-20.120.
3-20.120 Filing report with County Tax Collector; collection of assessment.
After the City Council has confirmed the report of costs to abate the
nuisance, and if such costs have not been paid in full, the City Clerk shall "t thp
direction oftbe City_Manager either (1) cause a lien to be charged against the parcel
~ transmit a copy of the report together with a copy of the resolution confirming the
same to the County Tax Collector, who shall add the amount of abatement costs, or
unpaid portion thereof, to the next regular tax bill as a special assessment for municipal
purposes levied against the property on which the nuisance was maintained or from which
said nuisance extended. The amount of the assessment shall be collected at the time and
in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount
shall be subject to the same interest and penalties and procedure of foreclosure and sale
provided for ordinary municipal taxes al!cI the property may be sold after three years
by the tax collector for 11l!paid delinquent assessments.
3-20.130 Taxes paid in error; refunds; claims.
The City Council may order refunded all or any part of a tax paid pursuant
to the provisions of this Article if the City Council finds that all or any part of the tax has
been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim
is filed with the City Clerk on or before March 1 st after the tax became due and payable.
The claim shall be verified by the person who paid the tax or his guardian, executor,
administrator, personal representative or successor in interest.
Page 12 of 13
Ordinance No.201
Sec,tion 4 Sevemnœ rl~u"e.
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.
Sec,tion 'i. Puhlic,ation.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its
adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 21st day of February, 2001, and was adopted
by the following vote following a second reading on the 7th day of March, 2001:
AYES: Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit,
Mayor John Mehaffey
NOES: None
ABSENT: None
ABSTAIN: None
M,F~
ATTEST:
n
· bf.~ Dl~J
Page 13 of 13
Ordinance No.201