Los Gatos Municipal Code Art. I In General

(a) Findings. The Town Council finds that it is within the authority and responsibility of the Town Council to declare a public nuisance and to respond to and abate nuisances within the Town's jurisdiction. The Town Council finds that the exercise of its authority to abate public nuisances may require investigation into the causes and effects of the public nuisance(s), the persons or entities responsible for contributing to the public nuisance(s), and matters relating to the appropriate prevention, control and abatement of those nuisances.

(b) Investigative action. In any action or proceeding to investigate or declare a public nuisance, the Town Council may exercise its authority pursuant to Government Code section 37104 to issue subpenae for the production of books, records and documents relevant to the subject matter of such investigation, as well as subpenae to compel testimony of any person or entity that may have information relevant to the investigation. The production of books, records and documents in response to such subpenae shall be to the Town Clerk who shall transmit them to the Town Council and make them available to the Town Attorney. Subpenae to compel the giving of testimony shall require the subpenaed person or appropriately designated representative(s) of an entity, to appear and give testimony either before the Town Council or before an officer appointed by the Town Council, who is authorized to preside over depositions in civil actions. If testimony is given before such an officer, the officer shall transmit to the Town Council the recorded testimony, together with all objections to questions and all failure or refusals to fully respond to questions. Interrogation of persons giving testimony pursuant to a subpena issued hereunder shall be conducted by the Town Council, by any member(s) of the Town Council authorized by majority vote of the Town Council, by the Town Attorney, or by an attorney appointed by either the Town Council or the Town Attorney.

(c) Neglect or refusal to obey subpena. If any person duly subpenaed neglects or refuses to obey a subpena, or, appearing, refuses to testify or answer any questions which a majority of the Town Council decides proper and pertinent, the Mayor, acting by and through the Town Attorney or by an attorney appointed by either the Town Council or the Town Attorney, shall present the matter to a judge of the Santa Clara County Superior Court for the appropriate action as provided by law.

(Ord. No. 1871, §§ I, II, 10-7-91)

Editor's note— Ord. No. 1871, adopted Oct. 7, 1991, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as § 17.10.010.