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HomeMy WebLinkAboutReso 104-97 Enforce Bldg/Hous RESOLUTION NO. 104 - 97 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 104-95. WltEREAS, on August 22, 1995, the City Council of the City of Dublin did adopt Resolution 104-95 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations and rescinding Resolution No. 63-88; and WI~EREAS, Resolution 104-95 identified both Administrative Procedures and Enforcement Policies; and WltF~REAS, the.actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WItI;REAS, 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 WlzrEREAS, it is necessary to rescind Resolution No. 104-95 and adopt a new resolution. NOW TltEREFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy'for the zomg Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached hereto and identified as Attachment 1. BE IT FURTlt-ER RESOLVED: the City Council does hereby rescind Resolution No. 104-95. BE IT FURTltER 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. AYES: NOES: PASSED, APPROVED AND ADOPTED this 19th day of August, 1997. Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston None ABSENT: None ABSTAIN: None (.. ~2it~ Cler~ g:pa95027/c2enfre l /G/reso-enf. doc Mayor · Attachment "1" 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. THE FOLLOWING SHALL BE ENFORCED ON A coMPLAINT BASIS: Home Occupations. Sheds visible over fences and walls. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT: o 5. 6. 7. 8. 9. 10. 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. Outdoor display of merchandise. Off-street recreational vehicle parking. 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. 11. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site Established Business. 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. SIMII.AR 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 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 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.