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HomeMy WebLinkAboutReso 150-09 Zone Ord Enforce PolicyRESOLUTION NO. 150-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************ ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND ENCROACHMENT PERMITS; AND RESCINDING RESOLUTION NO. 6-00 WHEREAS, on January 18, 2000, the Dublin City Council adopted Resolution No. 6-00 establishing a policy enforcing Zoning, Building, Housing and Property Maintenance violations; and WHEREAS, Resolution No. 6-00 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law were 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 Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; 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. 6-00 for minor amendments regarding the enforcement of Conditions of Approval, Conditionally Permitted Uses, and Encroachment Permits and adopt a new resolution. NOW THEREFORE BE IT RESOLVED that the Dublin City Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and Street Encroachment Permits" attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Dublin City Council does hereby rescind Resolution No. 6-00. PASSED, APPROVED AND ADOPTED this 6th day of October 2009, by the following. vote AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: .~ City Clerk M-- ~~~~~ Mayor Reso No. 150-09, Adopted 10-6-09, Item 8.4 Page 1 of 1 ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND STREET ENCROACHMENT PERMITS This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and Encroachment Permits. A. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of those signs identified in B-4, B-5, B-15, and B-17 below. 4. Basketball hoops in the public right-of--way. B. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT 1. Building work observed to be under construction without permits. 2. 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. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. 4. A-frame signs. 5. Banner signs without permits. 6. Living or sleeping in vehicles parked or stored on a lot. 7. Location of required parking spaces. 8. Outdoor display of merchandise. 9. Off-street recreational vehicle parking. 10. Parking of unlicensed or inoperable vehicles. 11. Parking within a designated parking space. 12. Property Maintenance Ordinance. 13. Repair of automobiles or other vehicles in the driveway which are not registered to the occupant of a residence. 14. Repair or dismantling of vehicles in front of a residence. 1 S. Temporary political signs. 16. Temporary promotional signs including balloons, pennants and streamers. 17. Vehicle signs. 18. Violations of the Zoning Ordinance relating to a Temporary Outdoor Sale Not Related to On-Site Established Businesses. Such a sale would be by anon-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. 19. Conditions of Approval. 20. Conditional uses operating without a Conditional Use Permit. 21. Encroachments which require a permit. EXHIBIT A C. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECENED. 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 maybe inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because 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. D. ANONYMOUS COMPLAINTS All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director, Public Works 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, Public Works Director, or Building Official. E. COMPLAINT INFORMATION Any person making a complaint can 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. F. INVESTIGATIONS OF COMPLAINTS 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.