HomeMy WebLinkAbout08-16-1995 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: August.16, 1995 CITY MGR.
ORIGINATING DEPT. Community Development )
SUBJECT: Modification of Nuisance Abatement Ordinance
RECOMMENDED MOTION:
Introduce ordinance by title only waiving reading in full.
REPORT SUMMARY:
a At the April 11, 1995 Council meeting, the City Manager briefed
the Council on the problem and limitations of the existing
nuisance abatement ordinance regarding graffiti. He indicated
that the staff and City Attorney had met to discuss a better way
to handle graffiti and also to improve the existing lengthy and
cumbersome administrative nuisance abatement process.
Subsequently, staff drafted two separate proposals for Council
consideration; 1) modifications -to the existing nuisance
abatement ordinance and 2) a new ordinance entitled "Graffiti".
Staff,recommends a nuisance abatement procedure which mirrors the
current City adopted Uniform Code for the Abatement of Dangerous
Buildings. This model code provides for swift administrative
action to abate declared nuisances while providing appropriate
legal notification and due process. The proposed modifications
to the existing.nuisance abatement ordinance incorporates
reference to specific sections of the Uniform Code for the
Abatement of Dangerous Buildings and language embodied in the
model code. The proposed modifications,will reduce City Attorney,
participation, staff,time and eliminate the public hearing
process. The modified ordinance will reduce the abatement
process from 150 -180 days to 60 days. The draft ordinance
alterations include changes to code sections,'deletes others and
creates new sections defining the nuisance abatement process.
Additionally, staff recommends a new,graffiti ordinance to
address the issue of graffiti removal.
FISCAL IMPACT:
The'Public Works.Department will incur minimal costs in the
removal of graffiti; approximately $1500 -$3000 each fiscal year.
The City will experience a substantial reduction in City Council,
City Attorney and staff time associated with nuisance abatement.
In cases when a nuisance has been declared, the City will recover
associated expenditures through the "Payment of Abatement.Costs"
provision of the proposed ordinance.'
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ADVERTISING, NOTICING AND PUBLIC CONTACT:
None required.
CONSEQUENCES OF NOT ACTING ON THE RECOMMENDED MOTION:
The City will continue to encounter difficulties and lengthy delays
in requiring removal of graffiti. Additionally, the existing
nuisance abatement procedure will continue to battle administrative
obstacles in the abatement of public nuisances.
FOLLOW UP ACTION:
Prepare the modification to the Saratoga City Code and resubmit to
City Council for approval and adoption. Monitor the associated
expenditures regarding graffiti removal and report the fiscal
impacts to City Council.
ATTACHMENTS:
1) Proposed modification to the Saratoga City Code
2) Excerpts from the 1991 edition of the Uniform Code for the
Abatement of Dangerous Buildings, Chapter 9.
3) Saratoga City Code, Article 3 -10
K
DRAFT
Article 3 -15
NOTICED NUISANCE ABATEMENT PROCEDURE
3- 15.010 Authority.
3- 15.020 Right of Entry.
3- 15.030 Declaration of Nuisance.
3- 15.040 Notice and Order.
3- 15.050 Notices; publication.
3- 15.060 Recordation of Notice of Code violation.
3- 15.070 Board of Appeals.
3- 15.080 Appeal of Notice and Order.
3- 15.090 Enforcement of Notice and Order.
3- 15.100 Abatement Work.
3- 15.110 Notice and Hearing; report of costs.
3- 15.120 Protests and Objections.
3- 15.130 Payment of Abatement Costs
3 -15 -140 Filing Report with County Tax
3- 15.150 Taxes paid in error, refund; claims.
3- 15.010 Authority.
This Article is adopted pursuant to the provisions of Section
38773.5 of the Government Code.
3- 15.020 Right of entry.
When it is necessary to make an inspection to enforce the
provisions of this code, or when the City Manager or the City
Manager's authorized representative has reasonable cause to believe
that there exists a parcel of land or structure upon a premises a
condition which makes a parcel of land or structure a nuisance or
vexation as defined in this code, the City Manager may enter the
building or premises at reasonable times to inspect or to perform
the duties imposed by this code, provided that if such building or
premises be occupied that credentials be presented to the occupant
and entry requested. If such building or premises be unoccupied,
the City Manager shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or
premises and request entry. If entry is refused, the building
official 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 of land or structure and has found and
determined that such condition on such parcel of land 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.
3- 15.040 Notice and Order.
(a) The City Manager shall issue a notice and order directed
to the record owner of the parcel of land. The notice and order
shall contain:
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1. The street address and a legal description sufficient for
identification of the parcel of land and structures thereon.
2. A statement that the City Manager has found the premises or
structures to be nuisance with a brief and concise description of
the conditions found to render the building dangerous under the
provisions of Saratoga City Code.
3. A statement of the action required to be taken as determined
by the City Manager.
4. Statements 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 property or its owner.
5. Statements advising (i) that any person having any record
title or legal interest in the parcel of land may appeal from the
notice and order or any action of the City Manager to the Board of
Appeals, provided the appeal is made in writing and filed with the
Office of the City Manager within 30 days from the date of service
of such notice and order (or within 10 days from such date if the
City Manager has determined that the condition is such as to make
it immediately dangerous to the life, limb, property or safety to
the public or adjacent property); 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 shall
be served on each of the following if known to the City Manager or
disclosed from 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 building or the
land on which 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.
(c) Method of Service. Service of the notice and order shall be
made upon all persons entitled thereto either personally 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 of the
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 of
the notice and order shall be so mailed, addressed to such person,
as the address of the parcel of land 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
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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 perjury 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.
In addition to posting and serving the notice and order
required by Section 3- 15.030, the City Manager shall direct the
City Clerk to publish such notice once in a newspaper of general
circulation in the City.
3- 15.060 Recordation of Notice of Code 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 of code violation in accordance with Article 3 -10 of the
City Code.
3- 15.070 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 hereby
created a Board of Appeals consisting of the City Engineer,
Director of Community Development and a member who is qualified by
experience and training to pass upon matters pertaining to nuisance
abatement and who is not employed by the City. The City Attorney
may be an advocate to the Board and may leave to prepare findings.
The City Manager shall be an ex officio member and shall act as
secretary to said board but shall have no vote upon any matter
before the board. The member not employed by the City shall be
appointed by the City Council and shall hold office at its
pleasure. The 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 board shall be processed in accordance with the
provisions contained in Section 3- 15.080 herein. Copies of all
rules or regulations adopted by the board shall be delivered to the
City Manager, who shall make them freely accessible to the public.
(b) The Board of Appeals shall have no authority relative to
interpretation of the administrative provisions of this code nor
shall the board be empowered to waive requirements of this code.
3- 15.080 Appeal of Notice and Order
(a) Any person entitled to service under this 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 Manger a written
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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 of 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
or 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
a least one appellant as to the truth of the matters stated in the
appeal.
The appeal shall be filed within 30 days from the date of service
of such notice and order or action of the City Manager; provided,
however that if the parcel of land 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, such appeal
shall be filed within 10 days from the date of the service of the
notice and order of the City Manager.
(b) As soon as practicable after receiving the written appeal,
the secretary of the board of appeals shall fix a date, time and
place for the hearing of the appeal by the board. Such date shall
not be less than 5 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 5 days prior to
the date of the hearing to each appellant by the secretary of the
board 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.
�c) Failure of any person to file an appeal in accordance with
the provisions of the City Code shall constitute a waiver of the
right to an administrative hearing and adjudication of the notice
and order or any portion thereof.
(d) Only those matters or issues specifically raised by the
appellant shall be considered in the hearing of the appeal.
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3- 15.090 Staying of Order under Appeal
(a) 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.
(b) Procedures for the conduct of the appeals hearing shall
comply with the provisions of the 1991 edition of the Uniform Code
for the Abatement of Dangerous Buildings, Chapter 9.
3- 15.100 Action by Appeals Board
If the 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.
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 his authorized representatives and
contractors may enter upon private property as may be necessary or
appropriate in order to abate the nuisance declared to exist upon
such property. Prior to commencement of the abatement work by or on
behalf of the City, the property owner may abate the nuisance at
his 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 attorney's fees.
Such account shall indicate, where appropriate, 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 he 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- 15.050(a) and a
copy thereof shall also be posted upon the property involved and at
City Hall.
3- 15.130 Protests and Objections.
At the time fixed for considering the report of costs provided
for in Section 3- 15.090, the City Council shall hear any objections
of the 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 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 cost if deemed necessary. The City Council may
then, by resolution, confirm the report as submitted or modified.
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3- 15.140 Payment of Abatement Costs.
The City Manager may receive payment in full of the abatement
costs charged against a parcel of land at any time after
confirmation of the report by the City Council pursuant to Section
3- 15.100 and prior to the filing of such report with the County Tax
Collector pursuant to Section 3- 15.120.
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
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, 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
subject to the same interest and penalties and procedure of
foreclosure and sale provided for ordinary municipal taxes.
3- 15.160 Taxes paid in error; refund; 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 1st 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.
c: \wpdocs \nuisance.ord
8
1991 ABATEMENT OF DANGEROUS BUILDINGS 901 -904
Chapter 9
RECOVERY OF COST
OF REPAIR OR DEMOLITION
Account of Expense, Filing of Report
Sec. 901. The director of public works shall keep an itemized account of the
expense incurred by this jurisdiction in the repair or demolition of any building
done pursuant to the provisions of Section 701 (c) 3 of this code. Upon the
completion of the work of repair or demolition, said director shall prepare and file
with the clerk of this jurisdiction a report specifying the work done, the itemized
and total cost of the work, a description of the real property upon which the
building or structure is or was located. and the names and addresses of the persons
entitled to notice pursuant to Subsection (c) of Section 401.
Notice of Hearing
Sec. 902. Upon receipt of said report, the clerk of this jurisdiction shall present
It to the legislative body of this jurisdiction forconsideration. The legislative body
of this jurisdiction shall fix a time, date and place for hearing said report and any
protests or objections thereto. The clerk of this jurisdiction shall cause notice of
said hearing to be posted upon the property involved, published once in a
newspaper of general circulation in this jurisdiction, and served by certified mail;
postage prepaid. addressed to the owner of the property as the owner's name and
address appears on the last equalized assessment &QJI of the county, if such so
appears, or as known to the clerk. Such notice shall be given at least 10 days prior
to the date set for the hearing and shall specify the day, hour and place when the
legislative body will hear and pass upon the director's report, together with any
objections or protests which may be filed as hereinafter provided by any person
Interested in or affected by the proposed charge.
Protests and Objections
Sec. 903. Any person interested in or affected by the proposed charge may file
written protests or objections with the clerk of this jurisdiction at any time prior
to the time set for the hearing on the report of the director. Each such protest or
objection must contain a description of the property in which the signer thereof is
interested and the grounds of such protest or objection. The clerk of this
jurisdiction shall endorse on every such protest orobjection the date of receipt. The
clerk shall present such protests or objections to the legislative body of this
jurisdiction at the time set for the hearing, and no other protests or objections shall
be considered.
Hearing of Protests
Sec. 904. Upon the day and hour fixed for the hearing, the legislative body of
this jurisdiction shall hear and pass upon the report of the director together with
any such objections or protests. The legislative body may make such revision,
correction or modification in the report or the charge as it may deem just; and when
19
904 -908 1991 ABATEMENT OF DANGEROUS BUILDINGS
the legislative body is satisfied with the correctness of the charge, the report (as
submitted or as revised, corrected or modified) together with the charge, shall be
confirmed or rejected. The decision of the legislative body of this jurisdiction on
the report and the charge, and on all protests or objections, shall be final and
conclusive.
Personal Obligation or Special Assessment
Sec. 905. (a) General. The legislative body of this jurisdiction may thereupon
order that said charge shall be made a personal obligation of the property owner
or assess said charge against the property involved.
(b) Personal Obligation. If the legislative body of this jurisdiction orders that
the charge shall be a personal obligation of the property owner, it shall direct the
attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use
of all appropriate legal remedies.
(c) Special Assessment. If the legislative body of this jurisdiction orders that
the charge shall be assessed against the property, it shall confirm the assessment,
cause the same to be recorded on the assessment roll, and thereafter said
assessment shall constitute a special assessment against and a lien upon the
property.
Contest
Sec. 906. The validity of any assessment made under the provisions of this
chapter shall not be contested in any action or proceeding unless the same is
commenced within 30 days after the assessment is placed upon the assessment roll
as provided herein. Any appeal from a final judgment in such action orproceeding
must lib perfected within 30 days after the entry of such judgmeni:
Authority for Installment Payment of Assessments with Interest
Sec. 907. The legislative body of this jurisdiction, In Its discretion, may
determine [hat assessments in amounts of $500.00 or more shall be payable in not
to exceed five equal annual installments. The legislative body's determination to
allow payment of such assessments in installments, the number of installments,
whether they shall bear interest, and the rate thereof shall be by a resolution
adopted prior to the confirmation of the assessment.
Lien of Assessment
Sec. 908. (a) Priority. Immediately upon its being placed on the assessment roll
the assessment shall be deemed to be complete, the several amounts assessed shall
be payable, and the assessments shall be liens against the lots or parcels of land
assessed, respectively. The lien shall be subordinate to all existing special
assessment liens previously imposed upon the same property and shall be
paramount to all other liens except for state, county and property taxes with which
it shall be upon a parity. The lien shall continue until the assessment and all interest
due and payable thereon are paid.
(b) Interest. All such assessments remaining unpaid after 30 days from the date
of recording on the assessment roll shall become delinquent and shall bear interest
at the rare of 7 percent per annum from and after said date.
20
1991 ABATEMENT OF DANGEROUS BUILDINGS 909 -912
Report to Assessor and Tax Collector: Addition of Assessment to
Tax Bill
Sec. 909. After confirmation of the report, certified copies of the assessment
shall be given to the assessor and the lax collector for this jurisdiction, who shall
add the amount of the assessment to the next regular lax bill levied against the
parcel for municipal purposes.
Filing Copy of Report with County Auditor
Sec. 910. If the county assessor and the county tax collector assess property and
collect taxes for this jurisdiction, a certified copy of the assessment shall be tiled
with the county auditor on or before August 10th. The descriptions of the parcels
reported shall be those used for the same parcels on the county assessor's map
books for the current year.
Collection of Assessment: Penalties for Foreclosure
Sec: 911. The amount of the assessment shall be collected at the same time and
in the same manner as ordinary property taxes are collected; and shall be subject
to the same penalties and procedure and sale in case of delinquency as provided
for ordinary property taxes. All laws applicable to the levy, collection and
enforcement of property taxes shall be applicable to such assessment.
If the legislative body of this jurisdiction has determined that the assessment
shall be paid in Installments, each installment and any interest thereon.shall be
collected in the same manner as ordinary property taxes in successive years. If any
installment is delinquent, the amount thereof is subject to the same penalties and
procedure for sale as provided for ordinary property taxes.
Repayment of Repair and Demolition Fund
See. 912. All money recovered by payment of the charge or assessment or from
the sale of the property at foreclosure sale shall be paid to the treasurer of this
jurisdiction, who shall credit the same to the repair and demolition fund.
21
3 -05.070
3- 05.070 Community Service Officers.
Each Community Service Officer of the City shall have
the duty of enforcing the provisions of this Code, and
-any other ordinance of the City, and any role, regulation
or order promulgated or issued pursuant to this Code,
and the provisions of any code adopted by reference by
this Code, and any condition of an approval, permit or
license granted pursuant to this Code, and any statutes
contained in Chapters 9 and 10 of Division II of the State
Vehicle Code relating to the stopping, standing and parking
of motor vehicles and the removal of parked or abandoned
motor vehicles.Whenever, under the provisions of this
Code, a particular department head, offiar or employee
has been delegated a duty of enforcement, such duty and
responsibility is not revoked hereby but shall continue
and be concurrent with the duty of each Community
Service Officer. The City Council may, from time to time,
by ordinance or resolution, add to, change or modify the
duties of the Community Service Officers, and may create
priorities of responsibility in relation to the particular
department head. officer or employee who also may have
a concurrent duty of enforcement under any particular
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 of
an approval, permit or license granted pursuant to this
Code.
3- 05.080 Violations of Code; notice to
appear.
If any person is arrested for 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 ibis Code, or the provisions of any code adopted by
reference by this Code, and such person is not immediately
taken before a magistrate as prescribed by the Penal Code,
the arresting officer or employee shall prepare in duplicate
a written notice to appear in court. containing the name
and address of such person arrested, and the offense
charged. If the violation is designated as a misdemeanor,
the notice shall also specify the time and place where
the arrested person shall appear in court, which shall be
a date at least ten days after the date of arrest. The arrest-
ing officer or employee shall deliver one copy of the
notice to the arrested person, and the arrested person,
in order to secure release, must give his written promise
to appear in court by signing the duplicate notice which
shall be retained by the arresting officer or employee.
Thereupon the arresting officer or employee shall release
the person arrested from custody. The arresting officer
30
or employee shall, as soon as practicable, file the duplicate
notice with the magistrate specified in such notice.
3-05.090 Payment of costs of abatement as
condition for probation.
Upon any guilty plea or judgment of conviction in any
criminal proceeding brought for the 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, wherein the City has
or will incur costs and expenses in removing or abating
a nuism caused, committed or maintained by the defen-
dant as a result of such violation for which the defendant
is prosecuted, if the defendant is otherwise entitled by
law to probation, then the court may require the payment
to the City of such costs and expenses as one of the condi-
tions of such probation.
Article 3 -10
CIVIL FORCEMENT
Sections:
3- 10.010 Fees, charges, licenses and taxes
trade a civil debt
3- 10.020 Collection of costs by the City.
3- 10.030 Recorded notice of Code
violation.
3- 10.010 Fees, charges, licenses and taxes
made a civil debt.
The amount of any fee, service charge, utility charge,
license, or tax of any nature whatsoever imposed by 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 of
an approval, permit or license granted pursuant to this
Code, shall be deemed a civil debt owing to the City.
An action may be commenced in the name of the City
in any court of competent jurisdiction for the collection
of the amount of any such delinquent or unpaid fee,
service charge, utility charge, license, or tax, together
with any penalties applicable thereto. The remedy pre-
scribed by this Section shall be cumulative and the use
of a civil action to collect such amount as a debt shall
not bar the use of any other remedy available to the City
for the collection thereof.
3- 10.020 Collection of costs by the City.
Wherever the City Attorney is authorized or directed
to commence or sustain any civil action or proceeding,
either at law or in equity, to enforce any of the provisions
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 of an approval,
permit or license granted pursuant to this Code, or to
enjoin or restrain any violation thereof, or otherwise to
abate any public nuisance, or to collect any sums of money
on behalf of the City, then the City shall be entitled to
collect all the costs and expenses of the same . including,
without limitation, reasonable attorney's fees and reason-
able investigation costs, which shall be set by the court
and made a part of any judgment in any such action or
proceeding.
3- 10.030 Recorded notice of Code violation.
(a) Whenever the City Manager has Imowledge 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 of an approval, permit or license granted
pursuant this Code, he may notify the owner of the proper-
ty upon which the violation is located of his intent to
record a Notice of Code Violation in the office of the
Recorder for the County. Such notice of intent shall be
mailed to the owner at the address shown on the latest
available assessment roll, or as otherwise imown 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 of
Code Violation will be recorded unless a hearing before
the City Manager 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 bearing and consideration of all evidence
presented thereat by the owner, the City Manager deter-
mines that a violation of one or more of the aforemen-
tioned codes, ordinances, rules, regulations, orders or
conditions in fact exists, the City Manager may record
a'Notice of Code Violation in the office of the County
Recorder. The determination by the City Manager, follow-
ing a hearing, that a violation exists, may be appealed
to the City Council in accordance with the procedure set
forth in Section 2- 05.030 of this Code.
(c) At the request of the affected property owner or
other interested person and upon determination by the
City Manager that the violation has been fully corrected
31
3- 15.030
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 Code
Violation.
(d) The recording of a Notice of Code Violation pursu-
ant 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.
3- 15.010 Authority.
This Article is adopted pursuant to the provisions of
Section 38773.5 of the Government Code.
3- 15.020 Declaration of nuisance.
Whenever the City Council has declared by resolution
or ordinance that a nuisance exists upon a parcel of land,
the City Council may utilize the provisions of this Article
to effect the abatement of such nuisance and to make the
costs of such abatement a special assessment against the
parcel upon which such nuisance exists.
3- 15.030 Notices; posting.
(a) After the passage of a resolution or ordinance
declaring the existence of a nuisance upon a parcel of
land, the City Manager shall cause notices to be conspicu-
ously posted on the property on which the nuisance exists
as follows:
ric a 3 -15
N/I/DN
ATEMENT
D
Sections:
3- 15.010
Authority.
3- 15.020
Declaration of nuisance.
3- 15.030
Notices; posting.
3- 15.040
Notices; form.
3- 15.050
Notices; publication and
mailing.
3- 15.060
Hearing.
3- 15.070
Action by City Council.
3. 15.080
Abatement work.
3- 15.090
Report of costs.
3- 15.100
Confirmation of report of costs.
3- 15.110
Payment of abatement costs.
3- 15.120
Filing report with County Tax
Collector; collection of
assessment.
3- 15.130
Taxes paid in error; refund;
claims.
3- 15.010 Authority.
This Article is adopted pursuant to the provisions of
Section 38773.5 of the Government Code.
3- 15.020 Declaration of nuisance.
Whenever the City Council has declared by resolution
or ordinance that a nuisance exists upon a parcel of land,
the City Council may utilize the provisions of this Article
to effect the abatement of such nuisance and to make the
costs of such abatement a special assessment against the
parcel upon which such nuisance exists.
3- 15.030 Notices; posting.
(a) After the passage of a resolution or ordinance
declaring the existence of a nuisance upon a parcel of
land, the City Manager shall cause notices to be conspicu-
ously posted on the property on which the nuisance exists
as follows:
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2 AGENDA ITEM
MEETING DATE: August 16, 1995 CITY MGR. '
ORIGINATING DEPT. City Manager's Office
SUBJECT: Request from the Saratoga Drama Group to Exemption from
the City's Ticket Surcharge for Conducting Extra Benefit
Performances
Recommended Motion(s) : Determine the Request is Inconsistent with
City policy on charges for non - profit organizations using City
facilities for fund raising purposes
Report Summary: This request is for the City Council to waive
the $1.00 per ticket surcharge for seats sold for performances at
the Civic Theater as set by Council Resolution 95 -32 adopted June
21, 1995. The request was referred to the City Attorney, the
Recreation Director and the Public Works Director for comment.
Granting such a request does not pose any legal problem so the
Council is free to act favorably on this request if it so desires.
However, in the past these types of requests have come to the
Council from time to time and each time the Council has determined
that the fee should not be waived. In fact Resolution 95 -32 makes
specific provision for special rates for non - profit groups to use
City facilities but not if the use involves fund raising.- The
policy of past City Councils has been based on the philosophy that
community facilities receive the same wear and tear and have the
same operational costs per hour regardless of the tax exempt status
of the organization using the facility. Exempting the organization
for the normal fees charged under the fee resolution indirectly
contributes to the charity being supported by the event and is
inappropriate for a public agency. In this particular case the
Drama Group will receive revenue from the event as well, making it
even more difficult, from the staff perspective to justify a change
in City policy. Should the Council determine to make such a grant,
if is suggested that it not be done on an ad hoc basis, but rather
such exemption be placed in a revised fee resolution so the staff
can deal with future requests in the appropriate manner.
Fiscal Impacts: Depending on the number of events and the tickets
sold the City could loose several hundred dollars a year in revenue
which is intended to help to maintain and improve the theater at
the same time it is being more heavily used.
Advertising, Noticing and Public Contact: The Drama Group has been
notified this matte will be on the Council agenda of August 16th.
Consequences of Not Acting on the Recommended Motions: Council
should make a determination one way or the other on this request.
If it is not turned down for the policy reasons stated above then
Council can either grant the request on an ad hoc basis with
appropriate administrative conditions, or it can direct that an
amended resolution be prepared which covers the same conditions
thus formalizing the change in policy for guidance in handling
future requests.
Follow Up Actions: If the staff recommendation is approved, write
a letter of regret to the Saratoga Drama Group. If the Council
chooses to grant the request and provides appropriate instructions
to staff the Recreation Director will have to meet with the current
users of the Theater and establish procedures for allowing the
exemption for any performance which meets the standards set by the
Council. If the Council chooses to amend the existing resolution
an amended version will be prepared by staff and reviewed by the
City Attorney and placed on the Council agenda of September 5th for
consideration.
Attachments: Letter from Saratoga Drama Group
August 1.1995.
OPEN LETTER TO THE CITY OF SARATOGA
RE.: Agenda Item, Meeting August 16,1995.
This season of the Saratoga Drama Group is the first
one in which a $1,00 per ticket stipend is being charged. This
is , as we understa:nd' : a gesture from the Theatre Groups to
create a fund from which repairs peculiar to the operation, of the
th eatreti may .:be _effected. There is a list of those items most
important toward these repairs.
We-:.propose that this stipend not be charged at all when
a "BENEFIT" performance is scheduled., A "BENEFIT" is a single
performance purchased- by a non - profit organization at an agree-
able price. The organization then has the choice of selling their
tickets at a slightly higher and reasonable price. The profit, if
any, goes into their funds and is used to continue their charity
work. The usual method is to add the performance to our
regular performance schedule with the cast members being agreeable.
The City already benefits with an extra rental evening, , one
which would not be scheduled otherwise. Without the performance
this rental amount will not be realized - anyway.
Therefore, we ask that we be allowed to offer this release
to those groups which qualify as non - profit. Any records needed
to verify the particular status of each group will be available.
We do no more than two benefits each production and sometimes
only one .
Please give this matter you. 'r earliest:,-corisideration.
Thank you.
For further information,
please call
Roberta Savage
(408) 867 3491
SARATOGA DRAMA GROUP
P.O/ Box 182
Saratoga, California.
o�_,
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. I-S- S
AGENDA ITEM:- •
MEETING DATE: 8/16/95
ORIGINATING DEPT.: Communitv Development
CITY MGR. APPROVAL e4
SUBJECT:
Draft Work Program for the West Valley Hillsides Joint Planning
Review
Recommended Motion:
Accept the Work Program and direct staff to initiate the project.
Report Summary:
In the 1993 update of the Open Space Element, the City Council
-adopted several implementation measures that mandate a cooperative
agreement with the County of Santa Clara for future development in
the highly visible unincorporated hillside area and the
establishment of logical planning area boundaries with adjacent
jurisdictions.
In the 1994 update of the County's General Plan, Saratoga and other
foothill cities advocated the implementation of a system that would
allow for a cooperative agreement between the city and county for
future development in the western hillside area. Such a program was
included in the adopted version of the County General Plan.
As a result, staff members of the Town of Los Gatos, the Cities of
Saratoga, Cupertino and Monte Sereno and the County of Santa Clara
have been meeting to develop a work program for a joint planning
study of the unincorporated western hillside area.
The overall objective of this study is to produce a sub - regional
hillside preservation strategy that will confine urban uses to
flatland areas most appropriate to urban development and that will
only allow appropriate rural development in the hillside areas. It
is anticipated that the study would also provide recommendations on
long term planning boundaries for each of the jurisdictions
involved.
The attached draft work program outlines the project goals,
generalized planning area, organization and a list of identified
tasks. A flow chart is attached which illustrates the anticipated
planning process.
The Planning Commission reviewed this document at their regular
adjourned meeting on August 1. The Commission forwarded a
recommendation to the City Council supporting the draft Work
Program.
Fiscal Impacts•
None.
Follow -up Action:
Work with representatives from the five participant jurisdictions
as outlined in the draft Work Program.
Consequences of not Acting on the Recommended Notion:
Staff will be unable to continue working with the five participant
jurisdictions and, as a result, the City of Saratoga will not be
part of or subject to any resulting hillside strategy or agreement.
Attachments:
1. Draft Work Program
Motion and Vote:
WEST VALLEY HILLSIDES JOINT PLANNING REVIEW:
PROPOSED WORK PROGRAM
BACKGROUND
The City of Cupertino, Town of Los Gatos, City of Monte Sereno, City of Saratoga and County
of Santa Clara have long looked for common strategic methods to address issues that
transcend political boundaries. The western hillsides, in particular, are a resource of
subregional significance and concern whose preservation will require interjurisdictional
cooperation and coordination. In order to address this issue, the localities of the area must
work together to develop a subregional hillside preservation strategy.
A proposal for a "Western Santa Clara County Foothills Subregional Planning Project" was
submitted to the Association of Bay Area Governments (ABAG) for staff and financial support
in November, 1994. ABAG did not award the grant to this project, although there is a
possibility for future grants. Staff members of the participating jurisdictions met in January
1995 and determined that since joint planning goals remain the same, efforts should proceed
regardless of the ABAG decision.
The following is the proposed approach.
GOAL OF PROJECT
The goal of the project is to develop a subregional "Hillside Preservation Strategy," which will
protect the natural character of the hillsides by:
1. confining urban uses to flatland areas most appropriate for urban development, and
2. allowing in the hillsides only development appropriate to rural, hillside areas.
PLANNING AREA
The proposed joint hillside planning area includes those hillside and ridgeline areas of the
Santa Cruz Mountains outside city urban service areas that are most visible from the valley
floor within the West Valley cities of Los Gatos, Monte Sereno, Saratoga, and Cupertino. This
boundary may be subject to refinement and revision as the study proceeds.
ORGANIZATION
Staff members from each jurisdiction will provide the organization, research and
recommendations for the project.
Major decisions, including adoption of the final "Hillside Preservation Strategy" will be
referred to the four City Councils and the Board of Supervisors. The West Valley Mayors'
DRAFT 1 6/14/95
group will serve as a forum for receiving progress reports and coordinating activities among
the cities, when appropriate.
Final recommendations will come directly to each jurisdiction, since action will need to be
taken.
TASKS
The basic tasks of the project are:
1. Develop and review draft work program for project
2. Review hillside policies of all jurisdictions and identify overriding principles common to
all jurisdictions
3. Identify hillside issues
4. Propose actions to resolve issues
5. Prepare and review draft outline for subregional "Hillside Preservation Strategy'
6. Develop detailed recommendations for subregional "Hillside Preservation Strategy"
7. Review and adopt final subregional "Hillside Preservation Strategy"
The following sections describe the basic tasks in greater detail:
1. Develop and review draft work program
Staff representatives from the five participating jurisdictions have developed this draft
work program which is proposed to provide the overall framework for this joint project.
Before substantive staff work begins, this work program will be submitted to the four City
Councils and the County Board of Supervisors for their review to assure that each of the
jurisdictions understands and supports the project's proposed scope and work activities.
An initial presentation to the West Valley Mayors' group will facilitate coordination of
review by the four cities.
2. Review hillside policies of all jurisdictions
Each participating staff representative will provide hillside policies relevant to the joint
planning area. These will include policies which directly affect the hillsides (e.g., density,
allowed uses) and those which indirectly affect the hillsides (e.g., existing and future
urban growth boundaries, urban development policies).
This information will be provided in a standard format and will be available to all
representatives so that everyone will be aware of others' policies. The staff
representatives will identify overriding principles common to all jurisdictions which will
provide the basic framework for the development of the joint hillside preservation strategy.
DRAFT 2 6/14/95
3. Identify hillside issues
Each participating staff representative will identify what issues exist in the joint hillside
planning area for his /her jurisdiction.
For example, a major county issue may be uncertainty regarding the potential future
extension of urbanization by the cities' into hillside areas; substantial further expansion of
urban development into the hills would be in conflict with county hillside preservation
policies which promote non - urban, low density hillside uses.
A typical city issue may be how to assure that any future changes in the county's current
hillsides policies are compatible with the city's policies, i.e., that more intense
development would not occur without the city's concurrence.
4. Propose actions to resolve issues
The participating jurisdictions will identify potential actions and appropriate implementors
to resolve each issue. Some actions may require joint action by all jurisdictions, some
only action by individual jurisdictions, and others bilateral actions by a particular city and
the county. Discussion of solutions proposed for any issue held in common with other
jurisdictions will involve those jurisdictions.
5. Prepare and review draft outline for subregional "Hillside Preservation Strategy"
Taking into account the list of proposed solutions and the summary of land use policies
common to all the jurisdictions, the participating staff will assemble a draft outline for a
subregional "Hillside Preservation Strategy." The draft strategy outline will identify the
basic components to be included in the final "Hillside Preservation Strategy."
The strategy is intended to build upon and reinforce current county and city land use
plans — not to replace or modify them. It may include items such as the following:
a. A set of basic planning policies and principles shared by all the jurisdictions to
guide hillside land use and development
b. A map showing:
• Current city urban service area boundaries
• Current County General Plan land use designations
• Long term urban growth boundaries for each of the cities indicating the hillside
lands they anticipate may be needed for urban development within the next 15-
20 years
c. Agreements to abide by the policies and procedures proposed in this hillside
preservation strategy.
Such agreements could, for example, take the form of:
• Agreements enforceable only through the good will of the parties involved
• Agreements enforceable via creation of a joint powers agreement (JPA)
• Agreements enforceable via some other mechanism, (yet to be determined)
DRAFT 3 6/14/95
d. Agreements regarding future procedures for resolving interjurisdictional hillside
land use disagreements, should such disagreements arise between or among the
jurisdictions
e. A report (or series of reports) describing County and city policies, guidelines, and
procedures for, reviewing hillside development proposals in order to maintain the
natural appearance of the West Valley hillsides
Recommendations regarding open space lands that should receive consideration
for acquisition by public parks and open space agencies
g. Suggestions regarding procedures for resolving certain existing West Valley
hillsides land use issues (if it is determined that this joint planning program is not
the appropriate forum for resolving them)
The draft outline for the hillside preservation strategy will be distributed for review and
comment to the cities, the county, and other interested parties. Included with the draft
outline will be estimates of the amount of time and the resources required to complete
each of the outline's components.
6. Develop detailed recommendations for subregional "Hillside Preservation Strategy"
Once consensus has been reached among the participating jurisdictions regarding the
outline for the subregional "Hillside Preservation Strategy," work will proceed to prepare
the detailed components. This may include such activities as delineation of Tong term
urban growth boundaries by individual cities, development of the language for proposed
interjurisdictional agreements, etc.
7. Review and adopt final subregional "Hillside Preservation Strategy"
The proposed final subregional "Hillside Preservation Strategy" will be distributed to the
decision making body of each jurisdiction for review and adoption.
Some components of the Strategy may be adopted by all jurisdictions (for example, basic
hillside planning and development policies and principles common to all jurisdictions);
some by individual jurisdictions (for example, each city's long term urban growth
boundary), and some on a bilateral basis by the County and individual cities (for example,
agreements regarding how to resolve specific hillside issues affecting only the two
jurisdictions).
TIMELINE
Estimating specific timelines for completing work tasks in a multi - jurisdictional project such as
this is very difficult. Contributing to these uncertainties are factors such as:
1. the additional time required to coordinate the efforts of the five participating jurisdictions,
2. the overall project delays that can ensue if one or more of the jurisdictions falls behind
schedule in their production and /or review activities, and
DRAFT 4 6/14/95
3. the limited amount of staff time available within each of the participating jurisdictions for
working on this joint project.
A tentative target would be for the draft outline for the subregional "Hillside Preservation
Strategy" to be ready for review by the participating jurisdictions and the public within
approximately 6 months after all of the jurisdictions have given conceptual approval to the
proposed work program
Accompanying the draft outline for the Strategy would be a more definitive schedule for
completing the various tasks it proposes.
BUDGET
All of the participating jurisdictions have staff time budgeted for the project. No significant
material expenses are anticipated, except copying (which can be done individually by each
jurisdiction).
OPPORTUNITIES FOR PUBLIC INPUT
Opportunities for public input to this project will be provided by each of the jurisdictions as
they:
a. Review the draft work program,
b. Review the draft outline of the "Hillside Preservation Strategy ",
c. Adopt the final "Hillside Preservation Strategy."
Additional public information workshops may be held, if time and resources allow.
File: Prospectus 6/14/95 - Word
DRAFT 5 6/14/95
WORK PROGRAM FLOW CHART FOR DRAFT
WEST VALLEY HILLSIDES JOINT PLANNING REVIEW 6/14195
* M indicates informational presentation to
West Valley Mayors' group
File: Wk Prog Flow Chart 2 - FH