Article 3-01

GENERAL PROVISIONS

Sections:

3-01.010 Purpose. 3-01.020 Definitions. 3-01.025 Enforcement Officers. 3-01.030 Non-exclusive remedies.

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. (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

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.

City Manager means the City Manager or the City Manager's designee.

Code means:

(1) The entire Saratoga City Code and all Santa Clara County, State or other codes or standards incorporated herein 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

(4) All other State laws applicable to conduct or land use in the City of Saratoga.

Enforcement Officer and Officer mean any Code Compliance Officer, 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 pursuant to Section 3-10.040.

Notice means a written notice including but not limited to a notice of violation, a notice and order, an administrative citation, or any other written notice indicating 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 property in the City, 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, charge, control or possession of, or responsibility for, any personal property or animals. An owner may 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 entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assignees, or any combination of such persons. "Person" also includes any public entity that acts as an owner in the City.

Property or premises means (i) any real property (or portion thereof), or improvements thereon and any unimproved public right of way or other easement abutting the property; and (ii) all forms of personal property and animals.

Responsible person means any person, whether as an owner or otherwise, that allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by any act or the failure to perform any act or duty.

Violation means a nuisance, act, or 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 regarding temporary off-site signs in a residential district. A "nontransient" violation is continuing in nature

(Saratoga Supp. No. 57, 1-26)

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3-01.020

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 1512.160 regarding storage of personal property and materials. The foregoing examples are by way of illustration and not limitation.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Each Enforcement 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 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 11 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 Enforcement 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.

(Ord. No. 413, § 1(Exh. A, § 4), 11-5-2025)

By adopting or utilizing one or more of the Articles in this Chapter, the City does not 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. The City Manager and Enforcement Officer(s) shall have discretion to utilize any remedy or remedies as authorized by law.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(Saratoga Supp. No. 57, 1-26)

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3-05.040