HomeMy WebLinkAbout521 ORDINANCE NO. 521
AN URGENCY ORDINANCE AMENDING SECTION 5-7.08 AND
SECTION 5-8.08 OF THE LOS ALTOS HILLS MUNICIPAL CODE
WHEREAS, in 2005 the Town of Los Altos Hills ("Town") adopted Title 5, Chapter 8 of
the Los Altos Hills Municipal code in order to: 1) establish the right of persons to preserve views
or sunlight, which existed at any time since they purchased the property or up to 15 years prior to
adoption of this ordinance whichever is less, from unreasonable obstruction by the growth of
trees; and 2) establish a process by which persons may seek restoration of such views or sunlight
when unreasonably obstructed by the growth of trees or other vegetation; and
WHEREAS, on December 11, 2008 the Town adopted Ordinance No. 513, which
provided a special assessment cost recovery mechanism for all conditions constituting a public
nuisance in the Town; and
WHEREAS, as a result of the Municipal Code chapter renumbering during the 2008
republication, Ordinance No. 513 replaced Section 5-8.08 of Title 5, Chapter 8 with a section
governing graffiti abatement; and
WHEREAS,because the ordinance updating the graffiti abatement procedures was codified
into Chapter 8, Section 5-7.08 of Title 5, Chapter 7 governing graffiti abatement did not receive the
intended updates; and
WHEREAS, the City Council wishes to now amend Section 5-7.08 and Section 5-8.08 to
provide for the proper sections within Title 5.
NOW THEREFORE,the City Council of the Town of Los Altos Hills does hereby ordain as
follows:
Section 1. Title 5, Chapter 7, Section 5-7.08 of the Los Altos Hills Municipal Code is hereby
repealed in its entirety and replaced with the following:
5-7.08 Abatement by Town as nuisance.
In the event the property owner receiving notice under Section 5-7.04 fails to either abate
the graffiti or consent to abatement by the Town under Section 5-7.07, within the ten (10) day
notice period,the Town may proceed to abate the graffiti under any applicable nuisance
abatement procedure including, but not limited to, the nuisance abatement procedures provided
in Chapter 5 of Title 6 of the Municipal Code, to include assessment of the costs of abatement
against the owner and placement of an abatement lien. If the Town anticipates that the nuisance
abatement procedures in Sections 6-5.01 through 6-5.07 will be used, any notice required by
Section 6-5.02 of this Code may be included in the notice specified by Section 5-7.04 so that
only one ten(10) day notice period is required prior to abatement by the Town. Town employees,
agents, volunteers and contractors supervised by the Town are expressly authorized to enter
private property for purposes of abating graffiti under any nuisance abatement procedure. If the
Town abates the graffiti, all reasonable efforts to minimize damage from such entry shall be
taken by the Town, and any paint used to obliterate graffiti shall be as close as practicable to
background color(s).
Section 2. Title 5, Chapter 8, Section 5-8.08 of the Los Altos Hills Municipal Code is hereby
repealed in its entirety and replaced with the following:
5-8.08 Town Guidelines Concerning Restorative Action.
The Town of Los Altos Hills provides the following general guidelines concerning restorative
actions:
Undesirable Trees. By reason of their tall height at maturity, rapid growth,
dense foliage, shallow root structure, flammability, breakability, or
invasiveness, certain types of trees have been deemed "undesirable" by the
Town, including Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress
trees,
When considering restorative action for"undesirable"trees,aggressive action
is preferred.
Redwood Trees. Redwood trees are desirable for their scenic qualities and
fire resistance. However, Redwood trees must be sited with care in order to
avoid potential view obstructions.
Protected Trees. The Town of Los Altos Hills has designated certain trees to
be "protected trees", defined in Section 5-8.02. Any alteration or removal of
protected trees shall require a permit from the Town pursuant to the Town
Municipal Code.
Stump Growth. Stump growth generally results in the hazard of weak limbs,
and its protection is not desirable. When considering restorative action for
stump growth, aggressive action is preferred. Restorative action which will
result in future stump growth should be avoided.
Trimming. Trimming is the most minor form of physical restorative action.
This option is recommended when minor unreasonable obstruction has
occurred, provided that ongoing maintenance is guaranteed.
Thinning or Windowing. When simple trimming will not resolve the
unreasonable obstruction, thinning or windowing may be necessary. These
should be supervised by a certified arborist.
Topping. Topping as a restorative action should be used with caution.
Topping can have deleterious effects on a tree's health,appearance, and cost
of maintenance. Topping frequently results in stump growth. Tree removal,
with replacement plantings, may be a preferable alternative.
• •
Removal. Tree removal may be required where such removal is essential to
preserve pre-existing views or sunlight. While normally considered a drastic
measure, tree removal can be the preferred solution in many circumstances.
Disturbance to Nesting Birds Topping and Tree removal should take place
between the end of August and the beginning of January to avoid disturbance
of nesting birds protected under the Federal Migratory Bird Treaty Act
(MBTA)and California Department of Fish and Game Code Section 3500 et
seq unless a nesting bird survey is first conducted and there is a determination
that there are no active nests within the tree.
Maintenance. Ongoing tree maintenance requirements are strongly
recommended as part of Restorative Action in order to achieve lasting
preservation of pre-existing views or sunlight.
Section 3. Severability. If any section, subsection, subdivision,paragraph, sentence,clause or
phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision,paragraph, sentence,clause phrase of the
Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or
invalid. To this end, the provisions of the Ordinance are declared to be severable.
Section 4. Urgency Findings and Declaration. The City Council finds and declares that this
Ordinance must be adopted as an urgency matter because it is necessary for the immediate
preservation of the public peace, health and safety. The following facts and circumstances
support such necessity. Nuisance abatement requires a comprehensive approach. Currently,the
internal inconsistencies with the nuisance abatement ordinance prevents the Town from
effectively utilizing cost recovery mechanisms for all conditions constituting a public nuisance.
The immediate effectiveness of this ordinance allows the Town to continue to comprehensively
abate nuisances within the Town. Additionally, the ordinances contained in Title 5, Chapter 8
are ordinances that are used on a regular basis, and it is important to ensure that the public knows
as soon as possible how this Chapter will be carried out. Because the City Council only meets
once a month, if this ordinance was not effective immediately, uncertainty in the ordinance
would exist for over sixty(60) days.
Based on these findings, the City Council finds that this Ordinance should be adopted as an
urgency ordinance for the immediate preservation of the public peace, health and safety.
Section 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall become
effective thirty(3 0)days from the date of its passage.Within 15 days after its passage,this ordinance
shall be published once,with the names of those City Councilmembers voting for or against it,in the
Los Altos Town Crier,a newspaper of general circulation in the Town of Los Altos Hills,as required
by law.
INTRODUCED and ADOPTED this 16th day of September, 2010, by the following vote:
PASSED: September 16, 2010
AYES: Mayor Breene Kerr, Mayor Pro Tem Rich Larsen, Councilmember Jean Mordo,
Councilmember Ginger Summit, Councilmember Dean Warshawsky
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
Breen rr, Mayor
ATTEST: �
Ch Cler
APPROVED AS TO FORM:
City Attorney
1505466.1