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Home My WebLink About4.02 Muni Code Abatement CITY CLERK File # D~~[Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 2008 SUBJECT: Adoption of Ordinance Adding Section 1.04.061 (Recovery of Nuisance Abatement Costs Incurred by the City) to Dublin Municipal Code Report Prepared by Elizabeth H Silver, Assistant City Attorney and Stephen Muzio, Associate Attorney ATTACHMENTS: 1. Ordinance Adding Section 1.04.061 to Dublin Municipal Code relating to recovery of City nuisance abatement costs. RECOMMENDATION:fl)I. 1. '\ Waive reading and ADOPT the Ordinance Adding Section 1.04.061 to the Dublin Municipal Code relating to recovery of City nuisance abatement costs (Attachment I). FINANCIAL STATEMENT: None. DESCRIPTION: At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). Several chapters proposed for review contain provisions relating to the recovery ofthe City's costs of abating nuisances: Chapters 5.64 (Property Maintenance), 5.68 (Graffiti), 5.70 (Weeds and Refuse) and 5.72 (Rodent and Fly Control). Each of these Chapters provides that, in the event that a property owner fails to abate a nuisance on his or her property, the City may abate the nuisance and seek recovery of its expenses from the property owner. Each Chapter also provides that the City may impose a special assessment on the property, which will then cause the owner to be assessed the amount owed as part of his or her annual property tax bill, levied by the Alameda County Auditor-Controller. Some of the provisions are inconsistent from Chapter to Chapter, containing varying provisions for such things as the timing and contents of the notice to be provided to property owners prior to the recordation of the assessment and the timing of the recordation of the special assessment with the County Auditor- Controller. Staff has drafted an ordinance adding a new Section 1.04.061 to the Dublin Municipal Code. Staff will recommend that Chapters 5.64 (Property Maintenance), 5.68 (Graffiti), 5.70 (Weeds and Refuse) and 5.72 (Rodent and Fly Control) be amended to refer to the new section. Each of the above mentioned Chapters will provide that the City Council shall confirm by resolution the costs to the City of abating the nuisance COPY TO: Page I of2 ITEM NO. Lf:2.. in question. Each Chapter will then refer to the new Section 1.04.061, which will contain the procedures governing the remaining steps for the levying of nuisance abatement special assessments. Section 1.04.061 provides that, following confirmation of the costs of abatement by resolution of the Council pursuant to the provisions of each Chapter, it will be the responsibility of the Administrative Services Director to record a Notice of Lien with the County Recorder, provide notice to the property owner by certified mail, and file a certified copy of the Council's resolution confirming the costs of abatement with the County Auditor-Controller prior to August 1. These provisions have been drafted to be consistent with Government Code Section 38773.5. Proposed Section 1.04.061 also provides for the sale of vacant residential developed property for which the payment of an assessment is delinquent, pursuant to Government Code Section 38773.5(d). Finally, proposed Section 1.04.061 provides that the City may utilize any other remedy available to it by law to recover the costs of abating a nuisance. For example, GC ~ 38773.1 permits a city to recover its abatement expenses through the imposition of a lien, pursuant to procedures described in that statute. The City Fire Marshal, Planning and Code Enforcement Staff and the Administrative Services Director have reviewed this ordinance and concur with its provisions. On June 17,2008, the City Council held a public hearing regarding the proposed ordinance. Following the public hearing the City Council waived the reading and introduced the ordinance. RECOMMENDATION Staff recommends that the City Council: 1) waive reading and ADOPT the Ordinance Adding Section 1.04.061 to the Dublin Municipal Code relating to recovery of City nuisance abatement costs (Attachment 1). 1079094.3 Page 2 of2 ORDINANCE NO. 11 d AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** ADDING SECTION 1.04.061 TO THE DUBLIN MUNICIPAL CODE AND RELATING TO NUISANCE ABATEMENT COST RECOVERY RECITALS WHEREAS, pursuant to California Government Code Sections 38773 and 38773.5, the City of Dublin may adopt procedures by which nuisances may be summarily abated at the expense of persons maintaining them, and by which such expenses may also be imposed as a special assessment on that parcel of land on which the nuisance is abated; and WHEREAS, the City of Dublin Municipal Code contains several Chapters declaring certain conditions to be nuisances and which provide various procedures for the collection of costs incurred by the City in the abatement of said conditions; and WHEREAS, the City Council desires to amend the Dublin Municipal Code to establish uniform procedures for the collection of costs incurred by the City in the abatement of nuisances. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 1.04.061 of the Dublin Municipal Code is hereby added to Chapter 1.04, and all other provisions of Chapter 1.04 shall remain in full force and effect: 1.04.061 Recovery of nuisance abatement costs incurred by the City. A. The total cost for abating a nuisance, as confirmed by resolution of the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. The Administrative Services Director shall record in the office of the County Recorder a Notice of Lien, based on the resolution, which shall constitute a lien on the property for the amount of such assessment. B. When the assessment has been so confirmed and recorded, the Administrative Services Director shall send by certified mail and by first-class U.S. mail, postage prepaid, a notice to the property owner stating the following: (1) that a special assessment is being imposed on the property, (2) the amount of the special assessment, (3) that the special assessment will be collected along with, and in the same manner as, ordinary ad valorem property taxes, and (4) that the property may be sold after three years by the tax collector if the special assessment is not paid. C. After such confirmation, recordation and notice, the Administrative Services Director shall file a certified copy of the Council's Resolution with the Alameda County Auditor-Controller on or before August 1 st, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land and thereafter the amounts shall be collected at the same time and in the same manner as 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 municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. ~..f€,vn trif.d:< ~7/1S1 vl Vl.,J . Page 1 of2 ATTACHMENT 1 C 3 ~c2 D. Where payment of an assessment on a vacant residential developed property is delinquent, the city may conduct a sale of such property, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691. E. In addition to the remedy described in this section and any other remedy contained in the Dublin Municipal Code, the City expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power the City may possess to recover the costs of nuisance abatement. All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another. Section 2. 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 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk ofthe City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of ,2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: City Clerk Page 2 of2