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HomeMy WebLinkAboutReso 006-00 Enforce PolicyRESOLUTION NO. 6 - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION NO. 234-99 WHEREAS, on November 4, 1997, the City Council of the City of Dublin did adopt Resolution No. 134-97 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations; and WHEREAS, Resolution No. 234-99 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law and already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning, Building, Housing and Property Maintenance Ordinance Violations; and WHEREAS, the City Council desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 234-99 for minor amendments regarding sign regulations and adopt a new resolution. NOW THEREFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and ProPerty Maintenance Ordinance", attached hereto as identified as Exhibit 1. BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No. 234-99. BE IT FINALLY RESOLVED: the City Council does hereby direct Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. PASSED, APPROVED AND ADOPTED this 184 day of January, 2000. AYES: NOES: ABSENT: ABSTAIN: Councilmembers McCormick, Zika, Vice Mayor Lockhart and Mayor Houston None Councilmember Howard None ~'2/G/1-18-OO/reso-en force, do~I Mayor ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance. A. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: . Home Occupations. Sheds visible over fences and walls. Sign Regulations with the exception of those signs identified in B-4, B-5, B-15, B-16, and B-17 below. B. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT: , . . 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Building work actually observed to be under construction without permits. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow-up on a Variance or Conditional use Permit, or when inspecting construction under a permit. Conditions brought to the attention of the City in any manner which involve public health and safety. A-frame signs. Banner signs without permits Living or sleeping in vehicles parked or stored on a lot. Location of required parking spaces. Outdoor display of merchandise. Off-street recreational vehicle parking. Parking of unlicensed or inoperable vehicles. Parking within a designated parking space. Property Maintenance Ordinance. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. 'Repair or dismantling of a vehicle in front of a residence. Temporary political signs. Temporary promotional signage related to balloons, pennants and streamers. Vehicle signs. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related to On-Site Established Businesses. Such a sale would be by a non-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. In establishing this policy, the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because Exhibit 1 a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint had been registered. ANONYMOUS COMPLAINTS. All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director or Building Official. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and phone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. INVESTIGATIONS OF COMMPLAINTS ARE NOT PUBLIC RECORDS. Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investigations of complaints will be kept confidential, and information will not be disclosed except as required by a court order.