Los Gatos Municipal Code Div. 9 Enforcement and Penalties

No official or employee of the Town shall issue any permit, or license, nor grant final approval for any use, building, structure or subdivision which would not conform to the provisions of this chapter or any approval granted under the provisions of this chapter. Any permit, license or final approval issued by the Town in conflict with the provisions of this chapter is void.

(Ord. No. 1316, § 5.70.010, 6-7-76)

No building or structure shall be erected, reconstructed, structurally altered, enlarged, moved, or maintained, nor shall any building, structure or land be used or be designed to be used for any use other than is permitted in the zone in which such building, structure or land is located, and then only after applying for and securing all permits and licenses required by all laws and ordinances.

(Ord. No. 1316, § 5.70.020, 6-7-76)

All officers and employees of the Town shall report violations of this chapter to the Planning Director, who shall enforce this chapter.

(Ord. No. 1316, § 5.70.030, 6-7-76)

Pursuant to Penal Code section 836.5, the Town Manager or the Town Manager's designate is hereby vested with the authority to arrest or to issue a citation to any person who violates any of the provisions of this chapter.

(Ord. No. 1316, § 5.70.035, 6-7-76; Ord. No. 1614, 4-2-84)

Any Town official is authorized to make such inspections as may be necessary to enforce this chapter. Whenever a Town official has reasonable cause to believe a violation of any provision of this chapter exists in or on a premises, the official shall ask permission of the occupant of such premises, or the owner or custodian thereof if the premises are unoccupied, to inspect the premises. If permission is denied, the Town official shall secure an inspection warrant. Entry shall not be secured by a grant of authority beyond that otherwise provided by law.

(Ord. No. 1863, § II(5.70.036), 4-19-91)

Any Town official, acting in good faith and without malice in the discharge of their duties shall not be personally liable for any damage resulting from any act or by reason of any act or omission in the discharge of their duties. Any legal action taken against such Town official because of such act or omission performed by them in the enforcement of any provision of this chapter shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

(Ord. No. 1863, § III(5.70.037), 4-19-91)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter is guilty of a violation of the Town Code. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person and shall be punishable as herein provided. Noncompliance with conditions of a zoning approval is a violation of this chapter.

(Ord. No. 1316, § 5.70.040, 6-7-76; Ord. No. 1566, 2-22-83; Ord. No. 1863, § I, 4-19-91; Ord. No. 2026, § XXII, 2-18-97)

(a) Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter; or any use of land, building or premises conducted, operated or maintained contrary to the provisions of this chapter, or contrary to a permit or variance, or the terms and conditions imposed therein, shall be, and the same is hereby declared to be, unlawful, and a public nuisance, and the duly constituted authorities of the Town shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure, or using any property contrary to the provisions of this chapter.

(b) This chapter may also be enforced by an injunction issued out of the Superior Court upon suit by the Town or the owner or occupant of any real property affected by such violation or prospective violation of this chapter.

(Ord. No. 1316, § 5.70.050, 6-7-76; Ord. No. 1625, 8-6-84)

Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have violated section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections (1) through (3). Any person found to have violated section 29.10.340(a) shall be liable to pay the Town a civil penalty as prescribed in subsection (4):

(1) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of size or age of tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry and Maintenance Services. Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Parks, Forestry and Maintenance Services shall calculate the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arboriculture and such value will be the civil penalty for violation of section 29.10.0965 in addition to subsection (2). Where replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the street tree deposit account.

(2) The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees.

(3) All replacement trees planted as required by subsection (1) shall be maintained by the property owner under a two-year written maintenance agreement with the Town.

(4) A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in violation of section 29.10.340(a) in addition to any application fees required and the cost of bringing the property into compliance with the California Building Code Standards (CA Code of Regulations, Title 24).

(Ord. No. 1316, § 5.70.055, 6-7-76; Ord. No. 1617, 5-21-84; Ord. No. 1716, 4-20-87; Ord. No. 2351, § IV, 11-21-23)

The remedies provided for this division are cumulative and not exclusive.

(Ord. No. 1316, § 5.70.060, 6-7-76)