HomeMy WebLinkAboutOrdinance 342 - Amending City Code enforcementORDINANCE NO. 342
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE CHAPTER 3 (CODE ENFORCEMENT); ARTICLE 9-60 (REMOVING
REQUIREMENT FOR BICYCLE LICENSES; ARTICLE 15-12 (ADDING STORAGE
CONTAINERS TO LIST OF PERSONAL PROPERTY ALLOWED TO BE STORED
TEMPORARILY IN RESIDENTIAL DISTRICTS); AND ARTICLE 15-30
(CLARIFYING DEFINITIONS OF TEMPORARY SIGNS AND ENFORCEMENT
PROCEDURES FOR ILLEGAL SIGNS)
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law,
provide clarification to the community, and provide for improved customer service and
administration of City business. In anticipation of the City Council's budget reauthorization of a
full time Code Compliance Officer for the Fiscal Year 2016-2017 Budget, staff identified
potential revisions to City Code which would clarify existing regulations and improve the
operations of the City's Code Compliance Program.
2. The City Council of the City of Saratoga held a duly noticed public hearing on October 5, 2016,
and after considering all testimony and written materials provided in connection with that hearing
introduced this ordinance and waived the reading thereof.
l'herefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Attachment A. Text to be added is
indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). In provisions that are being amended text in standard font is
readopted by this Ordinance. Where the text indicates that a new section is being added to the City
Code, the new section is shown in plain text.
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.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. In this circumstance the amendments to the existing City Code and related sections
and additions of provisions and reference appendices to the existing Code; the amendments and
additions would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on the 5th day of October 2016 and was adopted by the
following vote on October 19, 2016 .
COUNCIL MEMBERS:
AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -Lynne
Bernald, Howard A. Miller, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
'TEST:
tal Bothelio, CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: 1 I/71)0 tia
DATE: ,Dia
C1a
Attachment A - 2016 Saratoga Municipal Code Update
The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double -underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
Where the text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
1. Code Enforcement
Chapter 3 CODE ENFORCEMENT
Articles:
Article 3-01 — GENERAL PROVISIONS
3-01.010 — Purpose.
This Chapter sets forth procedures for enforcement of the provisions of this Code.
The City Manager and Enforcement Officer(s} shall have discretion to use some or all of
the measures set forth in this Chapter or elsewhere in the Code to enforce the Code and
protect the health, safety, and welfare of Saratoga residents.
3-01.020 — Definitions.
As used in this Chapter, the following words are defined as follows:
Administrative fine means the monetary fine established by resolution of the City
Council or otherwise set forth under this Chapter that is imposed by an administrative
citation.
Citation means an administrative citation that is issued pursuant to this Article.
Citee means a person to whom an administrative citation is issued.
City means the City of Saratoga, California.
Ci Man ;er means the City Manager or the City Manager's designee.
Code means:
1 The en ire S : o' . i o .ns .11 .n : 1:r. C, n�_ S oro h s it
standards incorporated herein by adoption or reference}
(2) An condition imposed upon any entitlement, permit, annroval or license.
3 An unco s ified or r in : nce . d s s h : r: t
ncil• : n
2016 Annual Code Update Page - 1
4 All ther State laws a s Lica le t s conduct or land use in the Ci of Sarato ' a.
Enforcement Officer and Officer means any Code Compliance Officer, officer, agent
or em . 1 i ee • f the Ci $ esi ' nated b the Ci Mana ' er to have the authori and
responsibility to enforce this Code.
Hearing Officer means a , erson • enc or
pursuant to section 3-10.040.
a
bo
d desi ' nated b the Ci Council
Notice means a written notice including but not limited to a Notice of Violation, a
notice and or s r an : i ministrtive cita i , n or an other wri ten notice indicatin ' that a
violation or nuisance exists.
Nuisance means any violation of any provision of the Code. Any such violation shall
constitute and is declared to be a public nuisance. This includes, but is not limited to any
unauthorized encroachment upon or obstruction in or to, any public sidewalk, street, alley,
lane, court, park, trail or easement, or other public place.
Owner means any person (i) having legal title to, or who leases, rents, occupies, is a
licensee, or has charge, control or possession of, or responsibility for, any real nroner in
the Ci & including all persons identified. as .owners on the last equalized assessment roll of
the Santa Clara County Assessor's office; (ii) having any legal title, char ' e control or
possession of, or responsibility for, any personal property or animals. An owner ma
include an agent, manager, or representative thereof.
Person means and includes any individual, partnership of any kind, a corporation of
any kind, limited liability company, association,,joint venture or other organization or
enti however formed as well as fiduciaries, trustees, heirs, executors. administrators or
a si ' nees or . n com nati ' n f uch s e ons. "Person" also includes an ublic enti
that acts as an owner in the City.
Pr er i r i re t i es mean i an real ! r er _ or rtion thereo or
improvements thereon and any unimproved public right of way or other easement abutting
the s ro s er • and ii all forms of i ersonal s ro s er and animals.
Responsible person means any person, whether as an owner or otherwise, that allows,
cau s create maintains or s ermits a vi lation of the Code to exist or continue, by any
act or the failure to perform any act or duty.
violation means a nuisance, act, 9r the failure to perform an act or duty, or a use or
condition of real or personal property or conduct of an animal contrary to the
requirements of this Code. A "transient" violation is one that is brief or spontaneous in its
commission, or that is not typically confined to a fixed location such as a violation of
Section 7-30.060(f) regarding Animal noise or a violation of City Code Section 15-30.135
r•garding Temporary off-site signs in a residential district. A "nontransient" violation is
continuing in nature and generally present at one location and is also described as a
"continuing" violation an example of which is a continuing violation of City Code Section
15-12.161 re ' . rdin ' tora ' e i f ersonal i ro s er and materials. The fore oin exam les
are by way of illustration and not limitation.
2016 Annual Code Update Page - 2
3-01.030 — Non -Exclusive Remedies.
B ado tin ' or utilizin one or m re of th Ar icl s in his Ch i er h Ci ' o s no limi
its discretion or ability to utilize any criminal, civil or other remedies, or any combination
thereof allowed by law, to address any violations of the City's laws and regulations. The
Ci Manaer . nd Enfor ement Offi er s sh .11 h . v s is re i n o u ilize . n rem or
remedies as authorized by law.
Article 3-05 - CRIMINAL ENFORCEMENT
3-05.010 - Violations as misdemeanors or infractions; public nuisances.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of
the requirements 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. Any person violating any of such provisions or failing to comply with any of
such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each
such person shall be guilty of a separate offense for each and every day during any portion
of which any violation is committed, continued, or permitted by such person, and shall be
punishable accordingly.
(b) Notwithstanding subsection (a) of this Section or any other provision of this Code, any
violation constituting a misdemeanor may, in the discretion of the enforcing authority be
charged and prosecuted as an infraction.
(c) Where no specific penalty is provided therefore, any person convicted of a misdemeanor
under the provisions of this Code shall be punishable by a fine of not more than one
thousand dollars, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment.
(d) Any person convicted of an infraction under the provisions of this Code, excluding
violations of local building and safety code provisions in Chapter 16, Articles 16-05 through
16-50, shall be punishable for a first conviction by a fine of not more than one hundred
($100.00) dollars, for a second conviction of the same ordinance within a period of one year
by a fine of not more than two hundred ($200.00) dollars, and for a third or any subsequent
conviction of the same ordinance within a period of one year by a fine of not more than five
hundred ($500.00) dollars.
Any person convicted of an infraction under the local building and safety code provisions of
Chapter 16, Articles 16-05 through 16-50 of this Code, shall be punishable for a first
conviction by a fine of not more than one hundred ($100.00) dollars, for a second conviction
of the same ordinance within a period of one year by a fine of not more than five hundred
($500.00) dollars, and for a third or any subsequent conviction of the same ordinance within
a period of one year by a fine of not more than one thousand ($1,000.00) dollars.
(e)
2016 Annual Code Update Page - 3
(0
In addition to the penalties provided by this Section, any condition caused or permitted to
exist in violation of 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 in violation of any condition of an
approval, permit or license granted pursuant to this Code, shall be deemed a public nuisance
and may be abated by the City in a summary action pursuant to Article 3-10, Article 3-15 or
Article 3-20 of this Chapter, or any civil action, and each day such condition continues shall
be a new and separate offense.
3-05.020 - Prohibited acts.
Whenever in this Code any act or omission is made unlawful, it shall include causing,
permitting, aiding, abetting, suffering or concealing such act or omission.
3-05.030 - Imposition of penalty.
The provisions of this Code which declare certain crimes to be punishable as therein
mentioned devolve a duty upon the court authorized to pass sentence to determine and impose a
punishment described.
3-05.040 - Determination of punishment.
Whenever in this Code the punishment for a crime is left undetermined between certain
limits, the punishment to be inflicted in a particular case shall be determined by the court
authorized to pass sentence, within such limits as may be prescribed by this Code.
3-05.050 Place of confinement.
Every person found guilty of .violating any of the provisions of this Code and sentenced to
imprisonment shall be imprisoned in the County Jail.
3-05.060 - Authority to arrest.
Every officer and employee of the City having any duty 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, is
hereby authorized, pursuant to Section 836.5 of the Penal Code, to arrest a person without a
warrant whenever any such officer or employee has reasonable cause to believe that the person
to be arrested has committed a misdemeanor or infraction in the presence of such officer or
employee which is a violation of a 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, which such officer or employee has the duty to
enforce.
3-05.070 Community Service Enforcement Officers.
Each Community ScrvicoEnforcement Officer of the City shall have the duty of enforcing
the provisions of this Code, and any other ordinance of the City, and any rule, regulation or order
2016 Annual Code Update Page - 4
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, officer 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 ScrviceEnforcement Officer. The City Council may, from time to time, by
ordinance or resolution, add to, change or modify the duties of the
Enforcement 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 this 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 (10) calendar days after the date of arrest. The arresting 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 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 nuisance caused, committed or maintained by the defendant 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 conditions of such probation.
Article 3-10 - CIVIL ENFORCEMENT
3-10.001 — In General
2016 Annual Code Update Page - 5
The provisions in this Article apply to all civil enforcement proceedings unless
specifically stated otherwise in the Code.
3-10.005 - Issuance of Notice of Violation and intent to record.
(a) When the City Manager determines that a responsible person has committed a
violation of the Code or caused a nuisance, the City Manager or Enforcement Officer
may issue a Notice of Violation to the responsible person. Such notice shall serve as a
written warning of responsibility and require action by the responsible person to abate
the violation. The Notice of Violation shall specify a correction date within a
reasonable period by which the violation can reasonably be abated unless the violation
constitutes an immediate hazard to the public health, safety or welfare or materially
interferes with public travel or passage or is a "transient" one as defined under Section
3-01.020 in which case the Notice of Violation may require immediate compliance.
(b) The City Manager or Enforcement Officer may issue a Notice of Violation directed to a
responsible person who is in violation of the Code. The Notice of Violation shall
contain:
(1) The street address and a description sufficient for identification of the property
and any structures where the violation occurred or is occurring.
(2) A statement that the City Manager has found a condition that is a nuisance or in
violation of Code with a brief and concise description including reference to
applicable provisions of the Code.
(3) An order (i) specifying the curative action required to be taken and (ii) specifying
the correction date by which curative action must occur, as determined by the City
Manager.
(4) A statement advising that if the curative action is not concluded within the time
specified, the City Manager intends to record the Notice of Violation (such remedy
shall be in addition to any other rights, remedies or actions available to the City by
reason of the violation as described in the notice).
(5) A statemen as to whether the City Manager has elected to seek, as a part of
abatement costs, reasonable attorney's fees incurred in abating the nuisance and if
such election is made, a statement that the prevailing party may be entitled to seek
reimbursement of reasonable and necessarily incurred attorney's fees.
(6) Appeal information. A statement advising ,(i) that any person having any record
title or legal interest in the parcel of land or responsible person may appeal from
the Notice of Violation to the Hearing Officer pursuant to Section 3-10.050, and (ii)
that failure to appeal will constitute a waiver of all right to an administrative
hearing and determination of the matter.
(c) Service of such Notice of Violation shall be made pursuant to Section 3-10.030.
3-10.010 - Fees, charges, licenses and taxes made a civil debt.
2016 Annual Code Update Page - 6
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 prescribed 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 reasonable investigation costs,
which shall be set by the court and made a part of any judgment in any such action or
proceeding.
3-10.025 - Collection of delinquent fines.
a Th Ci Mana ' er m : use :11 : il. i le m : ns : horiz . b h
applicable law to collect past due fines and other related costs.
b An erson wh i fails o
an fin sh :11
li.bl in .n
rocedure brou'ht b
h
1
fir
11
s s inc rr
in
r :n
inn it oll iin
m n
f
h
delin s uent amount includin
bu
not limi ed
adminis r
cos
c111
ion cos s
and if elected, attorney's fees.
(c) Collection costs shall be in addition to . n . enalties. interest and late charees im s osed
upon the delinquent obligation.
(d) Commencement of an action to collect a delinauent fine shall not I reclude issuance of
one or more additional citations if the violation or violations continue after the date for
correcting them as stated in the applicable order.
3-10.030 - Service
a Service of an noti e in 1 s in ' wi h i t limi : ti i n . ice of Viol : i i n
ion ord r
or document
enforcement under this Code, shall be served to the responsible person in any of the
followin • w s unl ss h i r e ision i f h i s e h . r h '' i f th
enforcement proceedings specify an alternative procedure:
(1) Personal service, or
re s uired t
b ' i en nd
r hi
Ch
er
r fir
n
r
of
2016 Annual Code Update Page - 7
(2) If the responsible person is an owner of real property, service by certified mail to
the owner at the address shown on the latest available assessment roll, or as otherwise
known to the City Manager. If the responsible person is a lessee or non -owner
occupant of real property, service by first class and by certified mail to the last known
business or resident address of such responsible person. Service by certified mail in the
manner herein provided shall be effective on the date of the mailing. If the document(s)
is sent by certified mail and the certification is returned unsigned, then service shall be
deemed effective pursuant to first class mail, provided the document(s) sent by first
class mail is not returned.
(b) For violations involving real property, if the Enforcement Officer is not able to serve
the responsible person as described in (a)(2) above, the notice shall be posted upon the
property and such posting shall be deemed effective service, and the date of the posting
shall constitute the date of service. The failure of any owner to receive such notice shall
not affect the validity of any proceedings taken under this Section.
(c) Any notice to collect abatement and related administrative costs by a nuisance
abatement lien must be made prior to the recordation of the lien to the owner of record
of the parcel of land or which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current and such notice
shall be made by personal service. If the owner of record, after diligent search cannot
be found, the notice may be served by posting a copy thereof in a conspicuous place
upon the property for a period of ten (10) days and publication thereof in a newspaper
of general circulation published in the county in which the property is located pursuant
to Section 6062 of the Government Code.
(d) Proof of service of 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 any notice and retained by the City Manager.
3-10.040 - Hearing Officer.
(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 and of
such other matters as may be subject to hearings by reference to this Section, there
shall be and is hereby established a Hearing Officer. The City Council shall designate
or appoint, in accordance with applicable law, one or more Hearing Officers. The
employment, performance evaluation, compensation, and benefits of a Hearing Officer,
if any, shall not be directly or indirectly conditioned upon the decisions of the Hearing
Officer, including, but not limited to, the amount of fines upheld by the Hearing
Officer. Each appeal or other matter subject to hearing by reference to this Section
shall be heard and decided by a Hearing Officer. The Hearing Officer shall render all
decisions and findings in writing to the parties. Appeals to the Hearing Officer shall be
processed in accordance with the provisions contained in Section 3-10.050 unless
2016 Annual Code Update Page - 8
alterna ive rocedures : r sta i li h d in h
matter that i
Hearin
he sub' c
f he h
rin'. R 1
Co
ro i ion ' i rnin • he
f uric iur r
r • he
r of a
Offi
r :ns 'o ernin• .11 h :rip's
H.rin
ffi
r sh
11
b
b
resolution of the City Council and may be amended in the same manner from time to
time. Copies of the rules of _procedure currently in effect shall be maintained by the
City Clerk, who shall make them freely accessible to the public.
b A Hearin ' Offic r shall h n i hori i t 1: i in r, r : i i n i f h
administrative provisions of this Code nor is a Hearing Officer empowered to waive
requirements of this Code.
3-10.050 – Appeal.
A res onsi i le • er on is en i le
e: I o 1 : rin' I ffi r : n, n
if th t ri ht i
n •rnin
there shall be no entitlement to appeal any subsequent notice served pertaining to the
same violation s identifi d in the initi.1 n i ice Fail r of • ns ers i n o fil :n
in accordance with his
ro ision of
his Co
sh
11
ns i
to
iv r if
ri
ht t
an administrative hearing and adjudication of the notice or any portion thereof.
(b An person entitled to an appeal under this Chapter shall i) nay an anneal fee es ual to
the amount for code enforcement appeals set forth in the City's fee schedule or, in the
event an administrative citation was issued, the lesser of the amount of the fine due or
the amount set forth in the fee schedule and (ii) shall file with the Office of the City
Clerk a written appeal containing:
1 A s reet . ddress and a d ri tion suffi i n f e r id n ifi : i n i f h
any affected structures thereon.
(2) The names of all appellants participating in the an i eal,
3 If a s licable : bri f s atem n se in ' f r h h• 1' :1 in rs i f e: h of h
appellants in connection with the matters addressed in the notice.
4 A brief s mn in ordin : n i i n is 1: n'—' of
to • her wi h an
m •teri:l f
1 i
d
r
h n
he
r �f h L 1e:1
on n ion f h
appellant(s).
(5) A brief statemen in ordina and concise lan ' uaee of the relief sou ' ht and the
reasons why it is claimed the notice under appeal should be reversed, modified or
otherwise set aside.
6 The sina ures of all • .ries n : m s . s : s i ll : n s : nd heir m • ilin' ' r • s s f i r
receipt of first class mail and overnight delivery of corres i ondence concernin ' the
appeal and their e-mail addresses if they wish to receive notices via e-mail.
The verific . ion b s ecl . r ion n 1 er i n 1 of
f :s! ll:ns 1s
truth of the matters stated in the appeal.
The a eal shall be file within fif
the n i ice bein ' a
n 15
1 ns :r
s frim h d of s rvi of
led• sr'vis s h
that the circumstances addressed by the notice are dangerous to the life, limb. nroner
v r h
if
h
Ci
M
r h:s s rmin
2016 Annual Code Update Page - 9
or safety of the public or adjacent property and if the notice of the City Manager so
provides, such appeal shall be filed within seven (7) calendar days from the date of the
service of the notice.
d A i i n . s . ractic: i le after rec i in ' the writ en a i s eal the Hearin ' Officer shall fix a
date time , nd i lace for he hearin
of the a
eal
ritten notice of the da
time and
place of the hearing shall be served by the City Clerk to the parties to the appeal
mailed at least fifteen (15) calendar days prior to the scheduled date of the hearing. E-
mail may be used to accomplish such service if (i) the party has provided an e-mail
address to the City Clerk and (ii) receipt of the e-mail is acknowledged by the party. If
e-mail notice is not acknowledged within forty-eight (48) hours, the City Clerk shall
serve the notice by regular first class mail by 5:00 P.M. on the first business day
following acknowledgement deadline.
(e) Only those matters or issues specifically raised by the appellant(s) and within the
jurisdiction of the Hearing Officer shall be considered in the hearing of the appeal.
(f) Any appellant who fails to appear at the hearing thereby waives the right to a hearing
and to an adjudication of the issues related to the hearing, provided that notice of the
hearing has been provided in accordance with subsection (d) above.
(g) The Hearing Officer has the authority to require a responsible person to post a code
enforcement performance bond to ensure compliance with the Hearing Officer's
decision.
(h) It is unlawful for a , ar to a hearin • before a Hearin ' Officer who has been served
with a copy of the final decision of the Hearing Officer to fail to comps with the
decision. Failure to comply with such decision may, in addition to any other remedies
available, be prosecuted as a misdemeanor or an infraction.
3-10.060 - Staying of order under appeal.
Enforcement of any provision of any notice issued by the City Manager under this
Code, including the requirement for payment of any fine, shall be stayed during the
pendency of an appeal therefrom which is properly and timely filed.
3-10.070 - Appeal hearing.
(a) Appeal hearings shall be conducted by a Hearing Officer.
(b) The hearings shall be attended by the Enforcement Officer and the a s natant and/or
an authorized representative) and conducted pursuant to rules of procedure
established in accordance with the Code.
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing
Officer shall issue a final decision at the conclusion of the hearing or within fifteen (15)
calendar days to uphold or overturn the provisions contained in the notice and shall
2016 Annual Code Update Page - 10
state the reasons thereof. If the notice is upheld and the violation has not been fully
corrected as of the date of the hearing, the Hearing Officer shall order correction
thereof in the decision and state deadline(s) to complete such action(s). The decision of
the Hearin • Officer sh • 11 be fin .1 All • i s lic : . 1 fins h .11 , i m imm s is 1
and owing to th • Ci in the full amount and if not paid may be collected as 1 rovided in
this Code or by . n other lawful method available to the City. If the Hearin s Officer
grants the appeal in full, the City shall return any appeal fee.
3 10.030 Recorded notice of violation.
pursuant to this Code, or the provisions of any code ado
any condition of any approval, permit or license granted pursuant to this Code, the City
available assessment roll, or as otherwise known to the City Manager, and a copy thereof
before the Hearing Officer established pursuant to Section 3 15.070 of this Code is
requested by the owner within twenty :. • • ' -
•
County Recorder. The determination by the Hearing Officer, following a hearing, in
(c) At the request of the affected property owner or other interested person and upon
other rights, remedies or actions available to the City by reason of the same violation as
described in the notice.
Article 3-15 NOTICED ADMINISTRATIVE NUISANCE ABATEMENT PROCEDURE
2016 Annual Code Update Page - 11
3-15.010 - Authority.
This Article is adopted pursuant to the provisions of Article 6 (commencing with Section
38771) in Chapter 10, Division 3 of Title 4 of the California Government Code. Pursuant to
section 3-01.020 of this Code the term "nuisance" as used in this Article includes all code
violations.
3-15.020 = Right of entry.
When it is necessary to make an inspection to enforce any provision of this Code, or when
the City Manager has reasonable cause to believe that there exists a parcel of land or structure
upon which premises a condition exists which makes such a parcel of land or structure a
nuisance as defined in this Code, the City Manager may enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by this Code, provided that if such
structure or premises is occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the City Manager shall first make a
reasonable effort to locate the owner or other persons having charge or control of the structure or
premises and request entry. If entry is refused, the City Manager shall have recourse to the
remedies provided by law to secure entry.
3-15.030 - Determinationclaration 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—constitutes a nuisance, the City Manager shall issue a Notice and Order to
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 Oerder to abate nuisance.
(a) The City Manager shall issue a Nnotice and Qerder directed to the owner of record the
parcel of land upon which the City Manager has determined that a nuisance exists. The
Nnotice and Qerder shall contain:
(1) The street address and a description sufficient for identification of the parcel of land and
structures thereon the property and any structures where the violation occurred or
is occurring.
(2) A statement that the City Manager has found a condition deemed a public nuisance
pursuant to Section 3 05.010(f)as defined in Section 3-01.020 to exist with a brief and
concise description of the conditions found to constitute a public nuisance under the
applicable provisions of this Code.
An order statement (i) specifying the curative action required to be taken and (ii)
specifying the time in which commencement of the action and/or completion of the
(3)
2016 Annual Code Update Page - 12
curative action must occur, as determined by the City Manager. The order may
require immediate compliance if a Notice of Violation has previously been served
concerning the same violation of the Code,
(4) 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 parcel or its owner as a lien against the parcel and/or as a
special assessment and that such property may be sold after three (3) years by the tax
collector for unpaid delinquent assessments and the City Manager may record the
lien and/or special assessment against the property in the office of the County
Recorder and such remedy 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 and order.
(5) A statement whether or not the City Manager has elected to seek, as a part of abatement
costs, reasonable attorney's fees incurred in abating the nuisance. Such notice shall also
state that if the City Manager elects to seek reasonable attorney's fees, the prevailing
party may be entitled to seek reimbursement of reasonable and necessarily incurred
attorney's fees.
(6) If a Notice of Violation pursuant to Section 3-10.005, has not been previously
served aA statement advising (i) that any person having any record title or legal interest
in the parcel of land may appeal from the Nnotice and Oerder or any action of the City
Manager to the Hearing Officer, provided the appeal is made in writing and filed with
the Office of the City Manager within the time specified by pursuant to Section 3-
10.0505.080(b) of this Code, 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 the Nnotice and Oerder shall be made pursuant to Section 3-10.030. The noticc
record owner and posted on the property; and one copy thereof, at the option of the City
1 I ;
from official public records: the holder of any mortgage or deed of trust or other lien or
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
If no address of any such person so appears or is known to the City Manager, then a copy of
:, addressed to such person, as the address of the parcel
2016 Annual Code Update Page - 13
(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
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 Nnotice and Oerder required bypursuant to Section
3-10.0305.010, the City Manager may direct the City Clerk to publish such notice once in a
newspaper of general circulation in the City. Failure of the City Manager to direct
publication, or the City Clerk to publish, such notice in a newspaper of general circulation in
the City shall not invalidate any proceedings hereunder.
3 15:060 Recordation of notice of violation.
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 violation in accordance
with Article 3 10.
3 15.070 Hearing Officer.
(a) In order to hear and decide appeals of orders, de
Manager relative to the application and interpretations of this Article and of such other
matters as may be subject to hearings by reference to this Section, there shall be and is
hereby established a Hearing Officer. The City Council shall designate or appoint, in
accordance with applicable law, one or more Hearing Officers; the employment,
-City
the decisions of the Hearing Officer, including, but
matter subject to hearing by reference to this Section shall be heard and decided by a
.•
contained in Section 3 15.
provisions governing the matte
regarding the powers of
ccordance with the provisions
ee€ kw e
er
the City Clerk, who shall make them freely accessible to the public.
(-b) A Hearing Officer shall have no authority relative to interpretation of the administrative
provisions of this Code nor is a Hearing Officer empowered to waive requirements of this
Code.
3 15.080 Appeal of notice and order.
2016 Annual Code Update Page - 14
e e .
appeal from any notice and order or any action of the City Manager under this Code by
filing with the City Clerk a wr' - - ... • _
(1) A street address and a description sufficient for idcntification of the property and the
affected structures thereon.
(2) The names of all appellants participating in the appeal.
the appellant.
why it is claimed the protested order for curative actio
otherwise set aside.
(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.
(b) The appeal shall be filed within thirty days from the date of service of such notice and order
(e) Only those matters or issues specifically raised by the appellant and within the jurisdiction
(i) Procedures for the conduct of the appeals hearing shall comply with the rules adopted
pursuant to Section 3 15.070.
2016 Annual Code Update Page - 15
the hearing is deemed to waive the right to a hearing and to an adjudication of the issues
related to the hearing, provided that notice of the hearing has been provided in accordance
(h) The Hearing Officer has the authority to re
(i) It is unlawful for a party to a hearing before a Hearing Officer who has been served with a
copy of the final decision of the Hearing Officer to fail to comply with the decision. ailure
to comply with such decision may, in addition to any other remedies available, be
prosecuted as a misdemeanor or an infraction.
e • I
stayed during the pendency of an appeal therefrom which is properly and timely filed.
3-15.4-060 - Authorization to Proceed; Action by Hearing Officer.
If an appeal of the Notice and Order is not filed or if the Hearing Officer has upheld the
City Manager's determination of nuisance, and proposed abatement, the the -City Manager is
authorized to abate the nuisance. The final decision of the Hearing Officer shall include a finding
whether any attorney's' fees incurred by the prevailing party were reasonably and necessarily
incurred, provided, however, in no event shall an award of attorney's' fees to a prevailing party
exceed the amount of reasonable attorney's' fees incurred by the City. The Hearing Officer's
decision may not be appealed to the City Council. Judicial review of a Hearing Officer's final
decision may be sought pursuant to a timely petition for writ of administrative mandamus in
accordance with California Code of Civil Procedure Section 1094.6.
3-15.44-070 - 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, authorized Enforcement
Official(s) and the City Manager's authorized 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 the property owner's own expense.
3-15.4-2080 - Report of Costs; Notice and hearing; report of costs.
The City Manager shall keep an accurate account of the abatement costs incurred by the
City, including investigative, administrative, and direct abatement costs and all other reasonably
related costs, including and, at the election of the City Manager as described below, reasonable
attorney's fees incurred in abating the nuisance. 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
2016 Annual Code Update Page - 16
shall prepare a final itemized written report showing the total abatement costs and in the event
the costs exceed twenty-five thousand ($25,000) dollars, the City Manager shall submit such
report for confirmation by the City Council at its next available regular meeting after the notice
period set forth herein. If the total abatement costs amount to twenty-five thousand ($25,000)
dollars or less, then such report shall be submitted to the Hearing Officer for confirmation.
At least ten (10) calendar days prior to the date of such meetingcost confirmation hearing,
a copy of the report together with a written notice of the date on which the same shall be
considered by the City Council or the Hearing Officer shall be mailedserved pursuant to
Section 3-10.030 to the persons on whose property abatement work was performed te-whom
• .' .. .. .. - and a copy thereof shall also be posted
upon the property involved and at City Hall. Such notice of the date of the cost confirmation
hearing on the abatement costs by the City Council or Hearing Officer shall indicate that the
City shall cause to make the costs of such abatement a lien against the parcel and/or a special
assessment against the parcel and that such parcel may be sold by the tax collector after three (1)
years for any unpaid delinquent assessment against the parcel. The City Manager shall elect
whether or not to seek, as a part of abatement costs, reasonable attorney's fees incurred in abating
the nuisance.
., t -
incurred attorney's fees.
3-15.13090 - Protests and objections.
At the time fixed for considering the report of costs provided for in Section 3-15.-1-2$0, the
City Council or the Hearing Officer 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 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 or the Hearing Officer may modify the report of costs if it deems it
appropriate. The City Council may then, by resolution, or the Hearing Officer may then, by a
final decision, confirm the report as submitted or modified. The City Council or the Hearing
Officer shall make a finding as to whether any attorney's fees incurred by the City and assessed
for the abatement costs were reasonably and necessarily incurred.
3-15.1400 - 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
3-15.090 and prior to the filing of such report with the County Tax Collector pursuant to
Section 3-15.1510.
3-15.1510 - Filing report with County Tax Collector; collection of assessment.
After the City Council or the Hearing Officer 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
2016 Annual Code Update Page - 17
City Clerk shall at the direction of the City Manager either (1) cause a lien to be charged against
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 subject
to the same interest and penalties and procedure of foreclosure and sale provided for ordinary
municipal taxes and the property may be sold after three (3) years by the Tax Collector for
unpaid delinquent assessments.
3-15.1620 Taxes Special assessment paid in error; refunds; claims.
The City Council or the Hearing Officer may order refunded all or any part of a tax special
assessment paid pursuant to the provisions of this Article if the City Council finds that all or any
part of the tax special assessment has been erroneously levied. A tax special assessment, 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 special assessment or his guardian, executor, administrator, personal representative or
successor in interest.
Article 3-20 - EMERGENCY NUISANCE ABATEMENT PROCEDURE*
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 of the California Government Code.
3 20.020 Nuisance declared.
regulation or order promulgated or issued pursuant to this Code, or the provisions of any Code
adopted by reference by this Code, or violation of any condition of any approval, permit or
license granted pursuant to this Code, shall constitute and is declared to be a nuisance. This
includes,
sid ' • , ,
may be abated pursuant to the procedure set forth in this Article.
3-20.0320 - Alternate procedure.
This Article constitutes an alternate procedure to Article 3-15 of this Chapter for emergency
abatement of a nuisance and for assessment of the abatement costs against the property on which
such nuisance is maintained or from which such nuisance extends.
2016 Annual Code Update Page - 18
3-20.0430 - Emergency Aabatement by City Manager.
Notwithstandin . any other provision of this City Code or other law, lif, in the opinion of
the City Manager, any nuisance as defined in Section 3-01.020207020 constitutes an immediate
hazard to the public health, safety or welfare or materially interferes with public travel or
passage, the City Manager may summarily 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, Enforcement Officer(s) and the City Manager's authorized
contractors may enter upon private property as may be necessary or appropriate in order to
perform the abatement work.
3-20.0540 - Report of costs; notice and hearing.
fees. Such account shall indicate, where appropriate and feasible, the costs attributable to each
s ecified below re or in
3-15.080 and the cost confirmation hearing shall be heldThe City Clerk shall thereupon
nd confirm . tion f o
sh•11
Except as
on . s rs ion
set forth in Sections 3 20.060 and 3 20.080 and not later than forty-five (45) calendar days after
the receipt of the cost report by the City Clerk. The City Manager shall elect whether or not to
seek, as a part of abatement costs, reasonable attorney's fees incurred in abating the nuisance.
costs and shall indicate that if the City Manager elects to seek reasonable attorney's fees, the
attorney's fees.
3-20.0650 - Notices; posting.
(a) At the time the City Manager 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 from which the abated nuisance extended as follows:
(1) One notice on each separately owned parcel of property of not over fifty feet frontage;
or
(2) Not more than two notices on any parcel over fifty feet frontage but less than one
hundred feet frontage; or
2016 Annual Code Update Page - 19
(3) Notices not more than one hundred feet apart if the frontage of a parcel is greater than
one hundred feet.
(b) Such notices shall be posted at least fifteen (15) calendar days prior to the time for hearing
by the City Council or the Hearing Officer of objections to the proposed assessment.
3-20.0760 - Notices; form.
The notice required by Section 3-20.0650 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 certain actions to be
taken at [specify address] in order to abate an emergency public nuisance.
These actions included an itemized written report showing the costs of such removal is on
file in the office of the City Clerk. The City Manager (has) or (has not) elected to seek, as a
part of abatement costs, reasonable attorney's fees incurred in abating the nuisance. If the
City Manager has elected to seek such attorney's fees, the prevailing party may be entitled to
seek reimbursement of reasonable and necessarily incurred attorney's fees. 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 lien or special assessment against
the property on which said nuisance was maintained or from which said nuisance extended.
said assessment to be collected at the same time and in the same manner as ordinary
municipal taxes. The property may be sold after three years by the tax collector for unpaid
delinquent assessments. 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 Lthe City Council of the City of Saratoga) or (the Hearing Officer) to be held
on , 20 , commencing at [specified time], at the Saratoga City
Hall, 13777 Fruitvale Avenue, Saratoga, California, when such property owner's objections
will be heard and given due consideration.
Dated this
City Manager
City of Saratoga
day of , 20
3-20.0870 - Notices; publication and mailing.
(a) In addition to posting the notice required by Section 3-20.0650, service of such notice shall
be . made pursuant to Section 3-10.030 to each owner of the property described in the
2016 Annual Code Update Page - 20
notice, as shown by the latest assessment roll available to the City on the date of mailing.
Tthe City Clerk may_ also publish such notice once in a newspaper of general circulation in
the City,
shown by the latest assessment roll awl • ' - - - • ' • _ The failure
of the City Clerk to publish such notice in a newspaper of general circulation in the City or
the failure of the City Clerk to serve any person required herein to be served shall not
invalidate any proceedings hereunder as to any party duly served to relieve any such person
from any duty or obligation imposed by the provisions of this Section.
(b) The notice shall be published and mailed by the City Clerk at least fifteen (15) calendar
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 3-20.0760, except that such notice shall be signed by the City Clerk.
3-20.0980 1= learingProtests and objections.
At the time stated in the notice set forth in Section 3-20.0760 the City Council or the
Hearing Officer shall receive and consider the report of costs provided for in Section 3-20.0540
and shall hear any objections of the owners of the property to be assessed for the abatement
costs.
An erson filing anv protest or objection who is affected by
thenronosed char,' e m . v file a written report of the obiections 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 or the Hearing Officer may modify the report of
costs if it deems it appropriate. The City Council may then, by resolution, or the Hearing
Officer ma then b fin _ 1 decisi i n on irm h r . r as _ s mi r mo s ifi s Th
Ci Council or the Hearin. Officer shall make a findine as to whether anv attorne 's fees
incurred b he Ci. and • ss ssef r h _ b. m n s r r on: l_ n s n s ril.
incurred.
3 20.100 Action by City Council.
whether any attorney's fees incurred by the City and assessed for the abatement costs were
2016 Annual Code Update Page - 21
3-20.44020 - 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
3-20.4-0080 and prior to the filing of such report with the County Tax Collector pursuant to
Section 3-20.1200.
3-20.1200 - Filing report with County Tax Collector; collection of assessment.
After the City Council or the Hearing Officer has confirmed the report of costs to abate the
nuisance, and if such costs have not been paid in full, the City Clerk shall at the direction of the
City Manager either (1) cause a lien to be charged against 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 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 and the property may be sold after
three (3) years by the tax collector for unpaid delinquent assessments.
3-20.110 - Taxes paid in error; refunds; claims.
The City Council or the Hearing Officer may order refunded all or any part of a tax -special
assessment paid pursuant to the provisions of this Article if the City Council finds that all or any
part of the taxspecial assessment has been erroneously levied. A taxspecial assessment, 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.
Article 3-25 - GRAFFITI
3-25.010 - Declared nuisance.
(a) The defacing of public and private property, results in the creation of unsightly graffiti.
Graffiti reduces property values, encourages blight and frequently becomes a forum of gang -
related potentially criminal activities.
(b) For the reasons stated in subsection (b) of this Section, the City Council finds and declares
that the presence of graffiti on private or public property constitutes a public nuisance which
2016 Annual Code Update Page - 22
may be abated as such in accordance with provisions of this chapter, or any other applicable
provision of law.
B ado tin ' or u ilizin ' his Ar
i
1
he Ci
e no limi i s s iscr • i i n or : bili
utilize
n criminal civil
r oth r r me s i
or .n
m iin : ion h
reof
11
law, to address any violations of the City's laws and regulations.
3-25.020 - Definitions.
"Graffiti" means the intentional spraying of paint or marking of paint, ink, chalk, dye or
other similar substances upon private or public property without permission of the owner of the
property.
3-25.030 - Graffiti prohibited.
It is unlawful for any person to intentionally place graffiti upon any private or public
property.
3-25.040 - Council to determine costs.
The City Council shall from time to time determine and fix an amount to be assessed as
administrative costs excluding the actual cost of removal of the graffiti, in accordance with
Section 3-15.12080.
3-25.050 - Authority to remove.
Upon discovering the existence of graffiti on private or public property within the City, the
City Manager shall have the authority to cause the abatement and removal thereof in accordance
with the procedure prescribed in this Article.
3-25.060 - Graffiti removal.
The City Manager shall determine the type of removal process, which may include, but is
not limited to painting out, washing of surface, sanding or fence plank replacement.
3-25.070 - Prior consent for removal.
Private property owners may submit prior written consent authorizing the City to abate
graffiti upon discovery.
2016 Annual Code Update Page - 23
3-25.080 - Notice of intention to abate and remove graffiti—Form.
(a) If a prior written consent pursuant to Section 3-25.070 has not been submitted to the City by
the current owner of the real property shown on the last equalized assessment roll of the
County or as known to the City Manager, the City Manager shall cause a notice of intention
to remove graffiti to be mailed by registered or certified mail served to the owner of the real
property upon which graffiti has been unlawfully applied pursuant to Section 3-10.030.
The notice shall advise the following:
(1) If consent to remove the graffiti is provided to the City by the owner, or by any person
authorized by the owner, within ten (10) calendar days of mailing the notice, the City
shall remove the graffiti at no cost to the owner.
(2) If the owner objects to removal of the graffiti by the City and/or to the costs which shall
be assessed to the owner the owner may request a hearing pursuant to Section 3-
15.07010.050 of this Chapter by delivering to the office of the City Manager within ten
(10) calendar days of the mailing of the notice, a written request for a hearing in the
form described in the notice provisions of subsection (b) of this Section.
If within ten (10) calendar days of the mailing of the notice, the graffiti has not been
removed and the City has not received from the owner either a consent to remove the
graffiti or a written request for a hearing, then the City shall be entitled to remove the
graffiti and assess the costs of administration and removal of the property owner.
(b) The notice of intention to remove graffiti shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE
AND REMOVE GRAFFITI
(3)
Re: Graffiti at (property address)
As owner shown on the last equalized assessment roll of the real property located at
you are hereby notified that the undersigned had determined pursuant Section 3-
25.010 of the Saratoga Code of the City of Saratoga that there exists upon said real property
certain graffiti which constitutes a public nuisance.
The City of Saratoga desires to remove the Graffiti as quickly as possible. If within ten (10)
calendar days of the mailing of this notice you, or any person authorized by you, provides the
City with written consent to remove the Graffiti, the City shall remove the Graffiti at no expense
to you as the owner. If within ten (10) calendar days of the mailing of this notice, the Graffiti
has not been removed and the City has not received from you written consent to remove the
Graffiti, the City shall determine the Graffiti a public nuisance and assess the costs of
administration and removal to you without a hearing.
2016 Annual Code Update Page - 24
If you object to the removal of the Graffiti from your property by the City and/or to the costs
which shall be assessed to you pursuant to the terms of this letter, you may request a hearing
before a Hearing Officer appointed pursuant to Section 3-150.0470 of the Code of the City of
Saratoga by delivering to the City Manager within ten fifteen (154-0) calendar days of the
mailing of this notice, a written request for a hearing setting forth the nature of your objections.
You may appear in person at any hearing, or by any other responsible party or, in lieu
thereof, you may present a sworn statement of the reasons you object to the removal of the
graffiti from your property by the City and/or to the costs to be assessed. The sworn statement
must be delivered to the City Manager before the time set for the hearing.
If you desire the City to remove the graffiti from your property at no expense to yourself,
please provide written consent to the City on or before , 20 . A
consent form is included with this notice, for your convenience.
Notice mailed:
City Manager
City of Saratoga
3-25.090 - Treble damages.
Upon entry of a second or subsequent civil or criminal judgment within a two (2) -year
period finding that any person is responsible for the unlawful application of graffiti, a fine in the
amount of three times the costs of abatement shall be paid by the violator(s).
Article 3-30 - ADMINISTRATIVE CITATIONS
3-30.010 - Applicability.
(a) Use of this Article shall be at the sole discretion of the City and is one remedy that the
City has to address violations of the Code, as defined in this Article. This Article provides for
imposition of an administrative fine pursuant to a citation for anv violation of the Code as
well as for a breach or violation of any condition of a permit, approval or license issued
pursuant to the Code. By adopting or tilizing this Article, the City does not intend to limit its
discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof
allowed by law, to address any violations of the City's laws and regulations. This remedy may
be utilized in s lace of or in ad s i i n o n oh r r m s all i s h C
law. The Enforcement Officer shall have discretion to utilize any remedy or remedies as
authorized by law.
2016 Annual Code Update Page - 25
(b) This Article makes any violation of the provisions of the Saratoga City Code and other
regulations subject to civil -administrative fines.
(c) This Article establishes the administrative procedures for the imposition, enforcement,
collection and administrative review of civil administrative fines pursuant to California
Government Code Section 53069.4.
(d) An administrative fine shall be imposed by means of an administrative citation issued by an
Enforcement Officer and shall be paid directly to the City of Saratoga. Payment of a fine
shall not excuse a failure to correct a violation nor shall it bar further enforcement action by
the City.
3 30.020 Definitions.
As used in this Article, the following words are defined as follows:
Citation means an administrative citation that is issued to a responsible person pursuant to
this Article.
Citee means a responsible person to whom a citation is issued.
Civil fine is th--
imposed by a citation.
the City Council that—i-s
(1) The entire Saratoga City Code and all Santa Clara County and State codes incorporated
therein by adoption or reference;
(2) Any condition imposed upon any entitlement, permit, approval or license;
(3) Any uncodified ordinance adopted by the Saratoga City Council; and
(1) All other State laws applicable to conduct or land use in the City of Saratoga.
Director means the Community Development Director of the City of Saratoga or that
person's designee.
Enforcement Officer and Officer mean any officer, agent or employee of the City
designated by the City Manager to have the authority and responsibility to enforce this Code.
Hearing Officer means a person, agency or body designated by the City Council to consider
all timely requests for an administrative hearing upon issuance of a citation.
fines may be issued unless the violation is terminated or abated.
has charge, control or possession of, or responsibility for, any real property in the City, including
all persons identified as owners on the last equalized assessment roll of the Santa Clara County
2016 Annual Code Update Page - 26
agent, manager or representative thereof.
Person means and includes any individual, partnership of any kind, a corporation of any
kind, limited liability company, association, joint venture or other organization or entity,
however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or
any combination of such persons. "Person" also includes any public entity or agency that acts as
an owner in the City.
thereof, as the case may be. "Property" includes any parkway or unimproved public easement
abutting such real property. "Property" shall also include all forms of personal property or
animals, where applicable.
that allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by
any act or the omission of any act or duty.
commission, or that is not typically confined to a fixed location. A "nontransient" violation is
violation,
3 30.030 Scope.
utilize any remedy or rem
Such notice shall serve as a written warning of responsibility and require immediate action
by the responsible person to abate the violation. The notice of violation shall specify a date
determines, by which the violation can reasonably be abated. If, after said correction period,
assessing fres in accerdance with this Article.
2016 Annual Code Update Page - 27
(1) Name and mailing address of the responsible person;
(2) The address or description of the location of the violation;
Officer;
(1) The Code provision(s) violated;
(5) A description of the violation(s);
(6) The action(s) required to correct the violation(s) and any deadlines or time limitations
for commencing and completing such action(s);
fine(s), and any late charge(s), if not timely paid;
(8) The name and signature of the Enforcement Officer issuing the notice of violation; and
(9) Any other information deemed necessary by the Officer.
(c) On such form as may be provided for by the Director, any responsible person cited for a
violation that does not cause immediate danger to health or safety may petition the -Officer
for an extension of time to correct the violation so long as the petition is received before the
child of the period allowed for correction, as stated in the notice of violation. The Officer
may, in the Officer's sole discretion, grant an extension of time to correct the violation if the
Officer determines that the responsible person has sup
except in an appeal challenging the issuance of an administrative citation.
3-30.0520 - Issuance of administrative citation.
(a) Whenever an Enforcement Officer determines that a violation of the Code has occurred, the
Officer may issue a citation on a form approved by the City Attorney imposing a civiln
administrative fine or fines to the responsible person(s) if such violation is not corrected
by the time specified in the citation. An Enforcement Officer may issue an
administrative citation without a period for correction upon witness of any transient
violation as defined in Section 3-01.020 or if a Notice of Violation pursuant to Section
3-10.005 has previously been served.in accordance with the provision of this Article=-Fhe
citation shall be issued following the correction period specified in the notice of violation or.
of violation.
(b) An Enforcement Officer may issue a notice of violation and/or a citation for a violation not
committed in the Officer's presence if the Officer has determined, through investigation, that
the Citee did commit, or is otherwise responsible for, the violation.
(c) Pursuant to the fine amount set forth within this Article or a schedule of fines adopted
from time to time by resolution by the City Council in accordance with state law, a
2016 Annual Code Update Page - 28
separate fine may apply for each day on which a transient violation occurs and each day
upon which a nontransient violation continues, shall be a separate violation for which a
citation may be issued.
(d) Each citation shall contain the following information:
(1) Name and mailing address of the responsible person;
(2) The address or description of the location of the violation;
(3) The date of commission of the violation(s) or detection thereof by an Enforcement Officer;
(4) If applicable, tThe date the as Nnotice of Vviolation was issued and the date that notice set
for correction of the violation;
(5) The Code provision(s) violated;
(6) A description of the violation(s);
(7) Amount of the fine for each violation, and the procedure and place to pay the fine(s), and
any late charge(s), if not timely paid;
When appropriate, the action(s) required to correct the violation(s), and, if applicable, any
deadlines or time limitations for commencing and completing such action(s);
If a Notice of Violation pursuant to Section 3-10.005 has not been s reviouslv served a
statement advising (i) that such responsible person(s) may appeal the administrative
citation to the Hearing Officer pursuant to Section 3-10.050 of this Code. and (ii that
failure to appeal will constitute a waiver of all right to an administrative hearin ' and
determination of the matter
(8)
(9)
in which a request must be made in order to be timely);
(10) The name and signature of the Officer; and
(11) Any other information deemed necessary by the Officer.
(e) Service of the administrative citation shall be made pursuant to Section 3-10.030.
The Enforcement Officer may issuc a notice of violation, a - = • , =
other notice, order, or other document required to be given by this Article by personal service,
mail, or posting as specified below.
document(s) served, the failure or refusal to sign shall not affect the validity of the
citation or of subsequent proceedings. If an agent, manager or representative of a
residence address as the same appears in the records of the City, or, if the City lacks
2016 Annual Code Update Page - 29
such records, the County. In such instances, the date a copy of the document(s) served is
known business or residence address as the same appears in public records of the City.
sent
provided the document(s) sent by first class mail is not returned.
the responsible party in person or by mail, the Enforcement Officer shall post the
decument(s) to be served on any r al property
and
control of, such property, or a portion thereof. Such posting shall be deemed effective
service, and the date of posting shall constitute the date of service.
3-30.0730 - AdministrativeCivil fines, late charges—Collection of fees and costs.
(a) The amount of the fines for violating particular provisions of this Code shall-maybe set in a
schedule of fines adopted from time to time by resolution by the City Council in accordance
with state law. The schedule may include escalating fine amounts for repeat violations
occurring within specified periods of time.
(b) The schedule of fines shall specify the amount of late payment penalty owed for any fine not
paid when due.
(c) Where no amount is specified by resolution of the City Council, the following fines shall
apply:
(1) A fine not exceeding one hundred ($100.00) dollars per day for a first violation;
(2) A fine not exceeding two hundred ($200.00) dollars per day for a second violation of
the same ordinance or permit within one year from the date of the first violation; and
A fine not exceeding five hundred ($500.00) dollars per day for each additional
violation of the same ordinance or permit within one (1) calendar year from the date of
the first violation.
Separate fines shall apply for each separate violation, however, in the event that multiple
violations are found to occur as a result of an investigation, each such violation listed in the first
citation following the investigation shall be considered a "first violation".
(d) Civil Administrative fines and any late charges due shall be paid to the City at such
location or address as stated in the citation, or as may otherwise be designated by the City
Manager.
(3)
2016 Annual Code Update Page - 30
(e) The due date for the City's receipt of a-e-ivil an administrative fine shall be thirty_30)
calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and
owing.
Payment of a civil n administrative fine shall not excuse or discharge a Citee from the duty
to immediately abate a violation of the Code, nor from any other responsibility or legal
consequences for a continuation or repeated occurrence(s) of a violation of the Code.
Abatement of a violation shall not excuse the obligation of a Citee to pay a civiln
administrative fine, or any late charge.
(h) Unpaid civil administrative fines and/or late charges shall constitute a debt that may be
collected in any manner allowed by law. Where authorized by law the City shall be entitled
to recover its attorneys fees and costs arising from an action to collect a civiln
administrative fine and/or late charge if it is the prevailing personparty.
(I)
(g)
deemed final.
citation. Failure to deposit a fine, or the tender of a nonnegotiable check in the required
the person tendering the fines with thifty da
from time to time.
3 30.090 Administrative hearing.
2016 Annual Code Update Page - 31
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing
Officer shall issue an administrative order at the conclusion of the hearing or within fifteen
upheld and the violation has not been fully corrected as of the date of the hearing, the
complete such action(s). The decision of the Hearing Officer shall be final. All fines shall
collected as provided in this Code. If a citatio
deposit in accordance with Section 3 30.080.
judgment of the reviewing court, the City shall reimburse that person's fine deposit in
within thirty calendar days of the City's receipt of a notice of final judgment or ruling from
the -Superior -Court Clerk.
3 30.100 Collection of delinquent fines.
(a) The City may use all available legal means to collect past due fines and other related costs.
(b) Any
shall be liable in any action or collection procedure
including, but not limited to, administrative costs, colic
f the delinquent amount.
(c) Collection costs shall be in addition to any penalties, interest and late charges imposed upon
the delinquent obligation.
or more additional citations to the legally responsible person if the violation or violations
persist after the date for correcting them as stated in the administrative order.
3 30.110 Collection by lien.
(a) If th
citation was issued to abat
more, the delinquent amount shall become a lien on the property on which the violations
occurred
least fourteen days before the hearing. The notice shall state:
(1) The citation or citations resulting in the delinquent fine amount;
(2) The total of the delinquent fine amount and related costs;
(3) The date the delinquent fine amount was due;
2016 Annual Code Update Page - 32
which the violations occurred;
(5) The date, hour and place of the hearing;
heard;
(7) A statement that unless the fine amount is paid by the date specified in a resolution by
property.
due is not paid as required by the City Council's order, a notice of lien shall be recorded in
•
lien shall be in substantially the following form:
•
- •-
♦ 1 I •
City Code, an administrative citation or citations
•
property for the costs of abatement in the amount of
$ / / , which shall be a lien on the real property
until it is paid, with interest at the rate of 6% per annum from the day of
, 2 [insert the date the City Council confirmed the delinquent
fines and related costs]. The lien shall continue until paid in full and discharged of record. It
I Insert legal description.]
Dated this day of , 2
City of Saratoga
2016 Annual Code Update Page - 33
Mayor, City of Saratoga
Auditor. The description of the parcel reported to the Auditor shall be the one used by the
County Assessor's map book for the current year. The County Auditor shall enter each
(f) If delinquent, the lien amount is subject to the same penalties and procedure of foreclosure
provided for ordinary municipal taxes. As an alternative method of collection, the County
levy, collection and enforcement of County taxes shall apply to such special assessment.
Council may order a refund of any lien or assessment paid under this Section if it finds that
all or part of the assessment has been erroneously levied. An assessment or part thereof shall
not be refunded unless a claim is filed with the City Clerk on or before March 1st after taxes
become due and payable. The claim shall be verified by the person who pays the tax, or
his/her guardian, executor, or administrator.
3-30.040 - Responsibility of parent(s) and/or legal guardians.
Whenever the responsible person is a person under the age of eighteen, the Enforcement
Officer shall provide copies of all notices, citations, and other documents specified in this Article
to the parent(s) and/or legal guardian(s) of the responsible person. Any fine levied pursuant to
this Article many be levied jointly and severally against the juvenile and the parent(s) and/or
legal guardian(s) of the juvenile. The parent(s) and/or legal guardian(s) shall have the right to a
hearing and judicial review as set forth in this Article.
3-30.4-3054 - Miscellaneous provisions.
(a) Failure of a Citee to comply with a corrective action stated in any uncontested citation, or
with regard to a correction order in any Hearing Officer's decision that is deemed confirmed,
shall constitute a misdemeanor.
(b) Any person having a record of noncompliance with corrective action or nonpayment of
fine(s) may be required to post security in the form acceptable to the City Attorney to ensure
compliance with the Code as a condition to the issuance of any entitlement, permit, approval
or license.
2016 Annual Code Update Page - 34
(c) The Officer may dismiss a citation at any time if a determination is made that it was issued
in error,
be given to the Citee in writing.
(d) The City Manager is authorized to promulgate procedural rules and regulations governing
the civil administrative citation process consistent with this Article and applicable law.
2. Bicycles
9 60.010 Licensees.
. .. ' any person to operate or use a bicycle within the
City unless such bicycle is registered and licensed a - : • ' :. - - - -
(b) Application. Application for a bicycle license shall be made to the County Sheriff
in this Aiticle referred 4e as the "licensing agency."
required under Section 39007 of the Vehicle Code.
(c) Fees. The fees to be paid for issuance of the bicycle license shall be as follows:
(2) For each transfer of registration: one dollar.
atien certificates as prescribed in Section 39001
bicycle, the date on which the license was issued and the license number.
licensing agency and, within ten days after such notification, shall apply to the licensing
2016 Annual Code Update Page - 35
( ng • . .. .. _ - .. .. - -
change, notify the licensing agency of the old and new address.
(g) Alteration prohibited. No person shall willfully or maliciously tamper with, destroy,
during the time such license remains operative, or tamper with, destroy, mutilate, remove or
alter the serial number or the identifying marks on any bicycle which has been licensed
(h) Penalties for violation. The violation of any provision of this Section shall constitute an
infraction for which a fine may be imposed in the amount of ten dollars. In addition to such
fine, the licensing agency shall have the right to impound and retain possession of any
bicycle that does not have affixed thereon a valid, unexpired license until the owner of such
bicycle complies with the provisions of this Section.
9 60.020 Reports of sales and transfers.
which has been licensed pursuant to this Article shall endorse upon the registration
and
telephone „ mber e
deliver the registration certificate, so endorsed, to the licensing agency within ten days from
the date of transfer.
possession of a bicycle which has been licensed pursuant to this Article shall, within ten
ssession, apply to the licensing agency for transfer of the license to his
(c) Report of sales by dealers. Every bicycle dealer engaged in the business of selling new of
. - . h purchaser a preregistration form containing
the information required under Section 39006 of the Vehicle Code and shall forward a copy
the term "bicycle dealer" means any person who sells, buys or takes in trade for the purpose
of resale, more than five bicycles in any one calendar year, whether or not such bicycles are
owned by such person.
[Sections 9-60.030-.060 omitted - no proposed changes.]
3. Storage of Personal Property and Materials
15-12.160 - Storage of personal property and materials.
(a) Unenclosed storage of personal property is not permitted in this district, except as provided
in subsection (b) of this Section.
(b) Unenclosed storage of personal property is permitted in this district in any area other than
any portion of any required front setback area, any required exterior side or rear setback area
of corner lots, rear setback area of double frontage lots and any unimproved parcel or any
2016 Annual Code Update Page - 36
unimproved right-of-way of any public street, in which areas such storage is prohibited. In
those prohibited areas, one or more of the items listed in subsections (b)(1) through (5)(6) of
this Section may be stored so long as such storage is not for any period of time in excess of
five consecutive days and not in excess of a total of eighteen days in any calendar year. For
example, if multiple items listed in subsections (b)(1) through (5)(6) of this Section are
stored concurrently in the prohibited areas for five consecutive days, such storage shall
constitute a total of five days of the eighteen days allowed per calendar year. On the other
hand, if, for example, a boat is stored for four consecutive days and subsequently a
recreational vehicle is stored for three consecutive days, such storage shall constitute a total
of seven days of the eighteen days allowed per calendar year. There shall be at least fifteen
calendar days' separation between any such uses in consecutive calendar years. No item
prohibited by this Section from additional time of storage may be stored on such site or
setback area unless in compliance with subsection (c) of this Section or pursuant to a
temporary storage permit issued pursuant to subsection (d) of this Section.
(1)
Motor vehicles, except this Section does not limit storage of automobiles in fully
operational condition and currently registered and licensed for operation on public
highways and capable of normal daily use by the occupants of the site.
(2) Recreational vehicles and trailers of any kind or make. Camper units detached from the
truck or other motor vehicle for which they are designed or customarily used shall be
considered trailers for the purpose of this Section.
(3) Boats.
(4) Parts of any of the items of property described in subsection (b)(1), (2) or (3) of this
Section.
Building or construction materials, except this Section does not limit storage of those
materials reasonably required for work under construction on the premises pursuant to a
valid and effective building permit issued in accord with Chapter 16 of this Code, or for
work as to which no building permit is required and which involves storage for no more
than thirty days. In the event the building permit is for new construction or remodeling
affecting more than fifty percent of either the floor area or the exterior walls, Section
16-75.050 shall apply.
(6) Storage containers.
(c) The items of property described in subsection (b) of this Section may be stored in exterior
side and rear setback area of corner lots and rear setback area of double frontage lots for
periods in excess of five consecutive days or a total of eighteen days in any calendar year
where a fence has been legally constructed and/or a compact evergreen hedge or other
evergreen screening has been legally installed of at least six feet in height and of a type
which screens the stored property from public view and reasonably prevents such property
from becoming a nuisance.
(d) The Community Development Director shall have authority, in cases of practical difficulty
or hardship, to grant temporary permits for storage of the items of property described in
subsection (b) of this Section in the front, side or rear setback area of sites for limited
periods of time in excess of five consecutive days or in excess of eighteen days per calendar
(5)
2016 Annual Code Update Page - 37
year. Application for such storage permits shall be in writing, on forms furnished by the City
and shall include a site plan showing the area of the requested storage. Any permit issued
pursuant thereto shall be in writing, shall describe the personal property to be stored, and the
location and time limit of the storage. The Community Development Director may impose
reasonable conditions in any such storage permit, which shall be agreed to in writing on the
face of the permit by the applicant prior to the permit being issued. No such permit may
cause the calendar year limit to be exceeded by more than an additional fourteen days unless
at least ten days before a decision on the application is made, notice has been given to all
owners of property within three hundred feet of the parcel on which the storage is proposed.
The Community Development Director shall also have the authority, for good cause. to
reduce the separation between uses in consecutive calendar years, or allow continued
temporary storage while an application or appeal is pending.
(e) For purposes of this Section, the term "unenclosed storage" means storage of items which
are not completely enclosed within a structure or completely screened from public view by a
permanent solid fence or wall which structure, fence or wall has been constructed or
installed in accordance with Chapter 15 of this Code.
4. Signs
[Sections 15-30.010 -.100 omitted - no proposed changes.]
15-30.110 - Temporary on-site signs on lots in any sign district.
In addition to other signs allowed pursuant to this Article, temporary on-site signs that
comply with each of the following standards are allowed on lots in any of the four sign districts
without a permit:
(a) One temporary banner or freestanding on-site sign provided that:
(1)
Temporary on-site banner shall comply with the following:
a. The banner shall only be placed on a building.
b. The banner shall not exceed ten square feet in area.
c. The banner shall be constructed of durable all-weather fabric or synthetic
material.
d. Each lot shall be free of temporary on-site banners at least one hundred eighty
days in a calendar year.
e. No individual temporary on-site banner shall be displayed more than thirty
consecutive days.
(2) Temporary on-site freestanding sign (including, but not limited to, A -frame type
sign) shall comply with the following:
2016 Annual Code Update Page - 38
a. The sign shall only be located within ten feet from the primary entrance to the
building and shall not impede pedestrian travel.
b. The sign shall not exceed six square feet in area and four feet in height.
c. The sign shall not be affixed to any tree or structure.
d. The sign shall only be displayed when the business is open.
e. The sign shall be constructed of durable all-weather wood, metal, and/or
blackboard.
(b) No business shall display more than one temporary on-site sign at any one time.
(c) No temporary on-site sign shall be located within ten feet of another temporary
sign.
(d) No temporary on-site sign shall be illuminated.
(e) No temporary on-site sign shall include balloons, ribbons, streamers, or other
attention -getting devices.
(f) No temporary on-site sign shall be located on any median, street, or travel lane, or
upon any sidewalk where it impedes pedestrian travel.
/Sections 15-30.120 -.130 omitted - no proposed changes.]
15-30.135 - Temporary off-site signs in residential districts.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on
lots in residential districts without a permit:
(a) Any number of temporary commercial off-site signs (including, but not limited to, real
estate open house signs) are allowed, provided that:
(1) No individual sign shall exceed two square feet in area and three feet in height.
(2) No more than two identical signs per intersection shall be displayed.
(3) The signs shall only be displayed between dawn and dusk.
(4) No sign shall include balloons, ribbons, streamers, or other attention -getting
devices.
No off-site signs shall be located on property without the permission of the
property owner.
(6) No sign shall be located on any median, street, travel lane or on any sidewalk
where it impedes pedestrian travel.
(5)
/Sections 15-30.140 -.180 omitted - no proposed changes.]
15-30.190 - Sign conformance, violations and abatement of illegal signs.
2016 Annual Code Update Page - 39
(a) Illegal signs. Any sign, including its supporting structure, other than a legal nonconforming
sign, as defined in subsection 15-30.190(b), that is in violation of this Article shall be
deemed to be a public nuisance and shall be made to immediately conform by written
notice. or removed by the owner of the property on which it is located upon thirty days'
written notice by the City.
(b) Legal nonconforming signs. A "legal nonconforming sign" is a permanent sign that was in
existence on the effective date of the ordinance adopting this Article and that does not
conform to the provisions of this Article.
(1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign", or in
violation of this Article, or required to be removed or made to conform, unless:
a. It is altered or relocated, or
b. A conditional use permit for a new use, or design review pursuant to City Code
Section 15-46.060, is required for the property on which the "legal nonconforming
sign" is located.
(2) Temporary signs and window signs are not considered permanent legal nonconforming
signs for the purposes of this Article.
The owner of the sign shall bear the burden of demonstrating to the Director that the
sign was in existence on the effective date of the ordinance adopting this Article. and
the Director's determination shall be final.
(4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the
maintenance requirements of subsection 15-30.030(i).
Illegal sSigns on public property. Any sign located upon or affixed to any public property
in violation of the provisions of this Article is subject to removal, upon the City giving at
least three days' prior written notice of such violation and intended removal to the sign
owner. If the sign owner cannot be ascertained or found after reasonable efforts to do so, the
notice shall be posted upon the sign for a period of at least three days prior to the removal of
the sign. Any such sign that constitutes an immediate and substantial hazard to the public
health or safety may be promptly abated and removed with written notice of the removal
provided to the sign owner, or without notice if the owner cannot be promptly ascertained.
(d) Sign removal. Except as provided in subsection 15-30.190(b), all signs presently existing
and not in conformity with the provisions of this Article constitute a violation of this Code
and shall be removed or made to conform to the provisions of this Article.
(1) Any sign removed pursuant to this Article will be retained by the City for a period of at
least ten days, during which the sign owner may retrieve the sign upon payment of all
removal costs or an administrative fine established by the City Council, whichever is
greater. Any person desiring to contest such payment may request a hearing before the
Community Development Director, who shall waive the payment if he determines that
the sign did not violate any provisions of this Article. The decision of the Community
Development Director can be appealed to the City Council.
(2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have
been abandoned by the owner thereof and may be destroyed or otherwise disposed of by
(c)
(3)
2016 Annual Code Update Page - 40
the City. The City shall have the right to recover from the owner of such sign all
removal and destruction costs.
(e) Violation. Each sign found to be in violation of any provision of this Article shall constitute
a separate violation of this Code.
(1) Additional enforcement. The enforcement of sign regulations pursuant to this Section shall
be in addition to any other rights and remedies available to the City under Chapter 3 of this
Code by reason of the same violation.
[Sections 15-30.200 -.210 omitted - no proposed changes.]
2016 Annual Code Update Page - 41