HomeMy WebLinkAbout5.4 Ordinance Declaring Certain Conditions to Be Public Nuisancesr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 5.4
DATE: March 5, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Ordinance Declaring Certain Conditions to Be Public Nuisances
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
The City Council will consider adopting an ordinance that clarifies that various violations of the
Municipal Code, other provisions of city, state, and federal law regulations enforceable by the City,
and permits and approvals constitute public nuisances. The ordinance is intended to clarify
existing provisions of the Municipal Code that declare violations of various provisions of the
Municipal Code are public nuisances. The ordinance was introduced on February 20, 2024, and
the City Council is being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Adding Section 1.04.035 to the Dublin Municipal Code
to Declare Certain Violations to Be Public Nuisances.
FINANCIAL IMPACT:
None.
DESCRIPTION:
From time to time, the City discovers conditions and circumstances on private property within the
City that require enforcement. The City has recently been pursuing code enforcement activities
that require the City to explore the various remedies that are available when conditions exist that
violate the Municipal Code. Municipal Code provisions that declare violations to be public
nuisances are powerful tools to allow the City to seek court orders to force the elimination of the
violations (generally referred to as "nuisance abatement").
In many cases, the Municipal Code expressly states that specificviolations constitute public
nuisances, but the Code does not have a uniform statement declaring conditions maintained in
violation of the Municipal Code or other provisions that the City is authorized to enforce to be
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nuisances. The ordinance would add such a statement to Title 1 of the Municipal Code and clarify
this as the existing intent of the Municipal Code.
The ordinance was introduced on February 20, 2024 and the City Council is being asked to waive
the second reading and adopt the Ordinance.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1) Ordinance Adding Section 1.04.035 to the Dublin Municipal Code to Declare Certain Violations
to Be Public Nuisances
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Attachment I
ORDINANCE NO. XX — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADDING SECTION 1.04.035 TO THE DUBLIN MUNICIPAL CODE
TO DECLARE CERTAIN VIOLATIONS TO BE PUBLIC NUISANCES
The Dublin City Council does ordain as follows:
SECTION 1. ADDITION OF SECTION 1.04.035
Section 1.04.035 is added to the Dublin Municipal Code to read as follows:
1.04.035 Declaration of Public Nuisance
A. Any condition caused or permitted to exist in violation of this municipal code, any uniform
or adopted code by reference, any State or Federal law enforceable by the City, any permit or
conditions of approval or other authorization given by the City is hereby deemed a public
nuisance.
B. Each day in which a violation of this section occurs or continues shall constitute a separate
and distinct offense and a continuing nuisance. The remedies provided in this Code are
intended to be cumulative and may be utilized in conjunction with or in lieu of other remedies.
SECTION 2. EFFECTIVE DATE. This Ordinance shall become effective thirty days following its
final adoption.
SECTION 3. SEVERABILITY. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the Ordinance or their applicability to other persons or
circumstances.
SECTION 4. POSTING. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
{Signatures on following page}
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 3
PASSED, APPROVED AND ADOPTED this 5th day of March 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2
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