February 25, 2004     Los Gatos, California Since 1881
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Town council considers fines for Los Gatos code violations
By Nisha Ramachandran
The next time you host a party, you might want to think twice about cranking up the music. A noise violation might cost you more than just your neighbors' friendship.

The Los Gatos Town Council is considering a move to fine individuals for violating town code rules. During a discussion at its Feb. 18 meeting, the council heard a proposal to establish an administrative citation and remedies policy in the town. This would enable Los Gatos to levy fees with citations for not following building and zoning rules, grading and tree-protection ordinances and proper public behavior, among other town code regulations.

The town does not currently have such a policy in place, relying instead on the cooperation and goodwill of violators.

The new system is expected to cut down on the amount of effort and time it takes for the town to enforce town codes. Enforcement can often be a tedious and drawn-out process, with town staff visiting violators several times before a result is achieved.

And under the present system, violators have no incentive to immediately correct their infractions.

Town officials feel that the threat of fines will induce more individuals to comply with the regulations at first notice.

"I think this gives teeth to our code and to our enforcement ability," said Councilman Joe Pirzynski.

The move, however, is also just one of many belt-tightening measures the town might implement in the near future. Faced with declining local revenues and a shaky state situation, the town has been exploring ways to cut costs and produce new revenue streams.

According to a town staff report, the new policy could generate up to $61,000 in penalties on an annual basis. The town could collect up to 70 percent of that amount, almost $43,000 in fines.

This figure is based on a proposed penalty of $250, the penalty Palo Alto and Mountain View currently assess for similar violations. The fee might be adjusted to address more complex or egregious violations.

Despite the policy change, town officials maintain that the town's code-enforcement procedure will stay the same, with most violators given a chance to correct the infraction before any action is taken.

Violations will also be considered on a case-by-case basis.

"For every situation, there will be a different approach," said Orry Korb, the town's attorney.

Violators would also have the right to appeal the fines before a hearing officer. Los Gatos plans to contract an officer from Palo Alto if the plan is adopted.

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