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HomeMy WebLinkAboutOrd 07-88 Property MaintenanceORDINANCE NO. 7 -88 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO PROPERTY MAINTENANCE The City Council of the City of Dublin does ordain as follows: ARTICLE 1. DEFINITIONS Section 1.1: BUILDING. "Building" shall mean any house, garage, duplex, apartment, condominium, stock cooperative, or other residential structure. Section 1.2: CITY. "City" shall mean the City of Dublin. Section 1.3: CITY MANAGER. "City Manager" shall mean the City Manager or his designees. Section 1.4: OWNER. "Owner" shall mean any person owning property, as shown on the last equalized assessment roll for City taxes or the lessee, tenant or other person having control or possession of the property. Section 1.5: PERSON. "Person" shall mean any individual, partnership, corporation, associaton or other organization, however formed. Section 1.6: PROPERTY. "Property" shall mean all, non-residentially zoned real property, and all residential real p~operty, including, but not limited to, front yards, side yards, back yards, driveways, walkways and sidewalks and shall include any building located on such property. ARTICLE 2. NUISANCES Section 2.1: Unlawful Property Nuisance. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by any other provision of law: (a) The accumulation of dirt, litter or debris on the property which is visible from a public street; (b) Clotheslines or clothes hanging in front yards, Sideyards, porches or balconies and visible from a public street; (c) Trash, garbage or refuse cans, bins, boxes or other such container stored in front or side yards and visible from a public street except as permitted by Solid Waste Ordinance 2-86; (d) Packing boxes, lumber, junk, trash, salvage materials, or other debris kept on the property and visible from a public ,~'reet; -1- (e) Attractive nuisances dangerous to children including abandoned, broken or neglected equipment, machinery, visible from a public street, and refrigerators and freezers, hazardous pools, ponds and ezcavations in any location; (f) Broken or discarded furniture, household equipment and furnishings, or shopping carts stored on the property and visible from a public street; (g) Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare, or obstructing necessary view of drivers on public streets or private driveways and visible from a public street; (h) Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or visible from a public street; (i) Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street; (j) Vehicle parts, or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time in front yards, sideyards, driveways, sidewalks or walkways and are visible from a public street; (k) Mobilehomes, recreational vehicles, utility trailers and u~ounted campertops, cars, trucks, or other vehicles that are parked or stored in violation of Ordinance 3-86. (1) Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction and such huildings which are unpainted or where the paint on the building exterior is mostly worn off. Section 2.2: Declaration of Public Nuisance. Any property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set for~/therein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. ARTICLE 3. ABATEMENT 2ROCEDURE Section 3.1: Notification of Nuisance. Whenever the City Manager determines that any property within the City is being maintained contrary to one or more of the provisions of Section 2.1, he shall give written notice ("Notice to Abate") to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7) calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance wi~h provisions of Section 3.3 covering service in person or by mail. -2- · Section 3.2: Administrative Hearin~ to Abate Nuisance. In the event said owner shall fail, neglect, or refuse to comply with the "Notice to Abate", the City Manager shall ..... conduct an administrative hearing to ascertain whether said violation constitutes a ~ public nuisance. Section 3.3: Notice of HearinK. Notice of said hearing shall be sea;ed upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail, or by certified mail to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below: "NOTICE OF ADMINISTRATIVE HEARING ON ABATEHENT OF RRIISANCE This is a notice of hearing before the City Manager (or his designees) to ascertain whether certain property situated in th~ City of Dublin, State of California, known and designated as (street address) , in said City, and more particularly described as (assessor's parcel number) constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole, or part, is found to constitute a public nuisance as defined in this Ordinance and if the same is not promptly abated by the owner, such nuisance maybe abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such proper~f until paid; in addition, you may be cited for violation of the provisions of the City ordinance and subject to a fine. Said alleged cOnditions consist of the following: The method(s) of abatement are: Ail persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration. Dated this day of , 19__. Time and Date of Hearing: City Manager Location of Hearing:. Section 3.4: Administrative Hearing by City Manager. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time. -3- If the City Manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or zepair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the Work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 3.6. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 3.3. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. Section 3.5: Procedure. No Appeal. In the absence of any appeal, the property shall be rehabilitated, repaired, removed 'or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered the City Manager shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 3.10. The City Manager is expressly authorized to enter upon said property for such purposes. Section 3.6: Appeal Procedure. Hearing by ~ity Council. The owner may appeal the City Manager's findings and order to the City Council ("Councilm) by filing an appeal with the City Clerk within seven (7) calendar days of the date of service of the City Manager's decison. The appeal shall contain' (a) A specific identification of the subject property; (b) The names and addresses of all appellants; (c) A statement of appellant's legal interest in the subject property; (d) A statement in ordinary and concise language of the specific order or action protested and the ground for appeal, together with all material facts in support thereof; (e) The date and signatures of all appellants; and (f) The verification of at least one appellant as to the truth of the matters stated in the appeal. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days . nor more than thirty (30) calendar days from the date of the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council's own motion. Section 3.7: Decision by Council. Upon the conclusion of the hearing, the Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatment of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The ~ -4- resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the Council shall be final. Section 3.8: Service of Order to Abate. A copy of the resolution of the Council ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section 3.3. Upon abatement in full by the owner, the proceedings hereunder shall terminate. Section 3.9: Hearing Procedure Before City Manager and Council. · Ail hearings' shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence maybe used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. Section 3.10: Abatement by City. If such nuisance is not abated as ordered within said abatement period, the City Manager shall cause the same to be abated by City employees or private contract. The City Manager is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the nuisances; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. A person shall not obstruct, impede, or interfere with the City Manager, or his representative, or with any person who owns, or holds any interes~ or estate in any property in the performance of any' necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to Section 3.4 nd 3.7 of this ordinance. Section 3.11: Limitation of Filinz Judical Action. Any action appealing the Council's decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision. Section 3.12: Demolition. No property- shall be found to be a public nuisance under Section 2.1(1) and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonable to correct such nuisance. -5- Section 3.13: Notice of Intent to Demolish. A copy of any order or resolution requiring abatement by demolition under Section 3.4 or 3.8 shall be forthwith.recorded with the Alameda County Kecorder. ARTICLE 4. LIEN PROCEDUP~ Section 4.1: Record of Cost of Abatement. ~%e City Manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the Cit~j and shall render an itemized report in writing to the City Council showing the cost of abatement, including the rehabilitation, demolition or repair of said proper~j, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 3.3 at least five (5) calendar days prior to submitting the sa~e to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. Section 4.2: Assessment Lien. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. After such confirmation and recordation, a certified copy of the Council's decision shall be filed with the Alameda County Auditor-Controller on or before August 1 of eac~ year, whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assesssments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal t~xes. All laws applicable to the levy, collection and enforcement of municipal t~xes shall be applicable to such special assessment. In the alternative, after such recordation, such lien maybe foreclosed by judical or other sale in the manner and means provided by law. Such Notice of Lien for recordation shall be in form substantially as follows: ~NOTICE OF LIF_N (Claim of City of Dublin) Pursuant to the authority vested by the provisions of Section of Dublin Ordinance No. , the City Manager of the Cit-3' of Dublin did on or about the day of , 19__, cause the property hereinafter described to be rehabilitated or the building or structure on the Property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Dublin did on the day of .., 19_ ., assess the cost of such rehabilitation, repair or demolitions upo~~ the real property hereinafter described; and the same has not been paid nor any - -6- part thereof; and that said City of Dublin does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $ : and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the Ci~j of Dublin, County of Alameda, State of California, and particularly described as follows' (description) Dated this ~day of _, 19~. City Manager, City of Dublin" · : ARTICLE 5. MISCELIR~NEOUS Section 5.1: Alternative Actions Available; Violation and Infraction. Nothing in this Ordinance shall be deemed to prevent the Council from ordering the commencement of a - civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Ordinance constitues an infraction. The City Manager is designated as the enforcmen~ authority. Section 5.2: Violation and Penalties. (a) Any person, firm,'or corporation violating or causing, or permitting to be violated any of the provisions of this Ordinance shall be deemed guilty of an infraction. (b) Any person, firm, or corporation convicted of an infraction under the provisions of this Ordinance shall be punishable upqn a first conviction of a fine not more than $100.00, and for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a one-year period by a fine of not more than $500.00. Any violation beyond the third conviction within a one-year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19. (c) Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violationof any provision of this Ordinance is committed, continued or permitted by such person and shall be punishable accordingly. (d) The City manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Ordinance. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions. -7- Section 5.3: Effective Date and PosZin~ of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the Cizy of Dublin in accordance with Section~j~ of the Gover~men~ ~ Code of the Stage of California. PASSED A~D ADOPTED BY THE CII'f COUMCIL OF I"HE CII"f OF DUBLIN ON THIS 1st DAY OF March , 1988. AYES · NOES' Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery None ~SENT: None ATTEST' City Clerk -8-