HomeMy WebLinkAboutReso 104-95 EnforcePolicyRESOLUTION NO. 104 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING A POLICY FOR ENFORCEMENT OF
ZONING, BUILDING, HOUSING, AND PROPERTY MAINTENANCE VIOLATIONS
AND RESCINDING RESOLUTION NO. 63-88
WHEREAS, the City Council of the City of Dublin did by Resolution No. 6348 adopt a Resolution
establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations and
rescinding Resolution No. 75-84; and
WHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies; and
WHEREAS, the City Council has recently adopted an ordinance amending the Zoning Ordinance
regarding Outdoor Sales and Activities; and
WHEREAS, the City Council is desirous of establishing an enforcement policy regarding Outdoor Sales
and activities which is consistent with the established policy for enforcement of Zoning, Building, Housing and
Property Maintenance violations; and
WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances
and applicable sections of the State Law; and
WHEREAS, it is necessary to rescind Resolution No. 63-88 and adopt a new Resolution which includes
the Outdoor Sales and Activities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt
the "Enforcement Policy for Zoning, Building, Housing, Construction Work Without Permit and Property
Maintenance Ordinance Violations", attached hereto and identified as Exhibit "A".
BE IT FURTHER RESOLVED, that the Resolution No. 63-88 is hereby rescinded.
PASSED, APPROVED AND ADOPTED this 22nd day of August, 1995.
AYES:
Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston
NOES: None
AB SENT; None
ABSTAIN2 None
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Mayor
EXHIBIT "A"
ENFORCEMENT POLICY FOR ZONING, BUILDING, HOUSING,
CONSTRUCTION OF WORK WITHOUT PERMIT, AND
PROPERTY MAINTENANCE VIOLATIONS
This procedure is to be followed in investigating complaints regarding possible violations of building regulations,
construction work without permit, zoning ordinances, housing codes, and violations of the Property Maintenance Ordinance.
GENERAL POLICY - INVESTIGATION ON COMPLAINT BASIS
These ordinances generally will be enforced on a complaint basis except that:
1. Building work actually observed to be under construction without permits will be investigated without a complaint.
,
Violations observed on property where the inspector has a legitimate reason to be on property, such as a routine
follow-up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit,
violations observed on the property will be investigated without a complaint.
3. Conditions brought to the attention of the City in any manner which involves public health and safety.
COMPLAINT INFORMATION
Any person making a complaint shall give their name, address, and telephone 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.
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 disclosedexcept!as required by a
court order.
EXCEPTIONS TO COMPLAINT INFORMATION
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 are not investigated because a complaint is not received.
Therefore, whenever the situation discussed above occurs, any violation in the immediate vicinity which is similar in
nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had
been registered.
In addiaon, violaaons of the Zoning Ordinance relating to outdoor sales and activities by non-Dublin businesses
will be processed as though a complaint had been registered. A non-Dublin business refers to one that is not an on-
site, established Dublin business with all necessary business licenses and permits.
ANONYMOUS COMPLAINTS
All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City
Manager, Planning Director or Building Official determines the matter does not warrant further action. These cases would be
closed following the investigation and a determination by the City Manager, Planning Director or Building Official.
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