HomeMy WebLinkAboutReso 134-97 Enforce Bldg/HousRESOLUTION NO. 134- 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 104-97.
WItEREAS, on August 19, 1997, tho City Council of the City of Dublin did adopt Resolution No. 104-97
establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations, and
WHEREAS, Resolution 104-97 identified both Administrative Procedures and Enforcement P. olicies; and
WHEREAS, 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
WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning, Building, Housing
and Property Maintenance Ordinance Violations; and
~REAS, 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. 104-97 for minOr amendments regarding temporary
political signs and adopt a new resolution.
NOW THIr, REFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy
for the Zoning Ordinance, Building Code, Housing Code, and Property Maiutenanee Ordinance", attached hereto and
identified as Attachment 1.
BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No. 104-97.
BE IT FURTHER RESOLVED: the City Council does hereby direct Staffto 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 4th day of November, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN: None
Kx/Gl] 1-4- 9 7/resoenf. doc
Councilmembers Burton, Howard, Lockhart and Mayor Houston
None
Councilmember Barnes
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 Prop?rty Maintenance Ordinance.
THE FOLLOWING SHALL BE ENFORCED ON A COMPL~ BASIS:
1. Home Occupations.
2. Sheds visible over fences and walls.
3. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit.
THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT:
1. Building work actually 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 involve public health and
safety.
4. A-frame signs.
5. Banner Signs without permits.
6. Outdoor display of merchandise.
7.: Off-street recreational vehicle parking.
8. Property Maintenance Ordinance.
9. Repair of automobiles or other vehicles which are not registered to the occupant of a reSidence.
10. Repair or dismantling of a vehicle in front of a residence.
12. 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.